The election of judges of the Constitutional Court must be a priority in the work of the Parliament. The experience to this point has shown that political parties have been ineffective in the process of the election of Constitutional Court judges. Following the retirement of one judge in September, the functioning of the Constitutional Court could practically be blocked.
For years now, the Constitutional Court has been struggling with efficiency, the length of procedures that last up to three or four years, and given the fact that that the Constitutional Court is working on the edge of its quorum, this further complicates the situation. Without an efficient and independent Constitutional Court, human rights and freedoms as well as legal security are fundamentally threatened. The preventive role of the Constitutional Court is very important in all effective legal systems, but it does not exist and has not taken root in our country.
For the purpose of legal certainty, protection of the law and the constitution, Constitutional Court judges must be elected within the prescribed deadlines and the election process must be free from any political influence. It is necessary to elect people without political background and connection with political parties. It was precisely the political trades that have led to the current situation and incomplete Constitutional Court.
The work of this Court had been continuously undermined, so today it does not even have a sufficient number of expert associates, there are not enough funds in the budget for additional training, nor international exchanges with other constitutional courts.
Montenegro must take advantage of this moment on the international scene, which can be favorable for the integrative process in the EU, but the prerequisite is the strengthening of institutions and their professionalization and depoliticization. We call on the leaders of political parties to treat this issue as a priority without further delay.
Milan Radović, CA program director