Chaos in Montenegro’s Constitutional Court: Judges Break the Law, and the State Stays Silent!
Is it possible that in the 21st century, in a country proud of the rule of law, judges of the Constitutional Court ignore their own Constitution and laws? Well, in Montenegro, that’s the reality! The human rights group Akcija ljudska prava (HRA) has protested against the extension of the mandate of judge Desanka Lopičić, who, according to the law, should have retired back in June 2023, but is still serving — without any explanation!
Judges above the law?
According to Montenegro’s Constitution and the Law on Pension and Disability Insurance, Constitutional Court judges must cease their functions once they meet the retirement age. Desanka Lopičić met these conditions in June 2023, with 40 years of work experience, but she remains in office, even though her mandate expires only in December 2023. Shockingly, the Constitutional Court decided she could continue until the end of her mandate without any justification, which directly contradicts the Constitution and the law.
Worse, the same judge participated in the decision that ignores the application of the law in her own case! It’s like a judge judging themselves — which, as the Venice Commission clearly stated, is absolutely unacceptable.
Double standards and legal uncertainty
While Desanka Lopičić clings to her position despite legal obstacles, another judge, Dragana Đuranović, had to retire as soon as she met the conditions. Judge Budimir Šćepanović stayed in office until age 66, although the retirement age is 65. Such selective and unexplained application of the law not only undermines trust in the Constitutional Court but also in the legal state.
The Venice Commission warned that the Constitutional Court must provide reasons for its decisions, especially regarding the interpretation of the law on judges’ pensions. However, Montenegro’s Constitutional Court has never done this, leading to legal uncertainty and undermining the rule of law.
Who protects the personal interests of judges?
Akcija ljudska prava calls on the President of Montenegro, Jakov Milatović, to urgently propose a new judge instead of Desanka Lopičić and to not support unconstitutional actions of the Constitutional Court. They also appeal to the executive and legislative branches to urgently clarify the legal framework for automatic termination of functions in the Constitutional Court, in accordance with the Constitution and the Venice Commission’s recommendations.
It is obvious that the Constitutional Court protects the personal interests of its judges, not the Constitution and the law. This is a blow to democracy and legal security of Montenegro’s citizens.
Why is the state silent?
While the Constitutional Court ignores the law, the state and its bodies remain silent. No reaction, no sanctions, just legal anarchy. How can citizens be expected to trust justice when the highest court in the country does not even respect its own rules?
Conclusion: Constitutional Court or private club?
Montenegro’s Constitutional Court looks like a private club where rules are written to suit individuals. Judges who should be guardians of the Constitution break it themselves, and the state tolerates it. If this continues, the rule of law will become just dead letter on paper.
If you think this is a scandal, you’re not alone! Share your thoughts, laugh at this legal farce, or suggest how to finally bring order to the Constitutional Court. Because if judges can ignore the law, what’s stopping the rest of us?
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