Montenegrin government puts forward constitutional amendments in line with EU recommendations

• Montenegro set to meet a major EU accession requirement 
• Government recommends Constitution amendments to curb political influence on judges and prosecutors

Podgorica, Montenegro (3 June 2011) – The Montenegrin Government has put forward a set of amendments to the Constitution aimed at limiting political influence over key judicial appointments, which is one of the EU’s key recommendations for the national judicial reform.

Addressing a press conference on Thursday, 2 June, Justice Minister Duško Markovid explained that the amendments are intended to boost professionalism and independence of the judiciary and meet one of EU’s key recommendations for the opening of EU accession talks.

According to the proposed amendments, the Supreme Court President is to be appointed by the national assembly, at the proposal of the Judicial Council, after obtaining the opinion of the Supreme Court’s plenary meeting.

The Government has also proposed that the Supreme Public Prosecutor should be nominated by absolute majority in the Parliament at the proposal of the Prosecutorial Council, while public prosecutors should be appointed by the Council, rather than the Parliament.

Under the current Constitution, the Supreme Court President, who is also ex officio the President of the Judicial Council, is elected by the Parliament for five years, while the Supreme Public Prosecutor, also appointed by the Parliament, acts as President of the Prosecutorial Council.

These provisions have been described by the European Commission as “leaving room for disproportionate political influence” and “excessive accumulation of authority in the persons of the President of the Supreme Court and of the Supreme Public Prosecutor”, which induced the government to propose the amendments.