The President of the Supreme Court of Montenegro, Valentina Pavličić, said, addressing the members of parliament at the session of the Committee for Political System, Judiciary and Administration of the Parliament of Montenegro, on the occasion of the presentation of the Report on the work of the judiciary, that Montenegro has entered the decisive phase of European integration and that the success of reforms in the area of the rule of law no longer depends exclusively on the judiciary, but on the ability of all institutions to responsibly carry out their constitutional competences.
She pointed out that the judiciary does not seek privileges or protection from criticism, but the conditions to professionally, impartially and independently perform its constitutional function in the interest of the state and all citizens.
She stressed that the courts do not participate in political processes, do not create public policies and do not pass laws, but apply the law equally to everyone, protecting legality, legal certainty and the rights of citizens.
Pavličić specifically pointed to the fact that the public must understand one of the essential assumptions of the functioning of the rule of law, that courts decide within the legislative framework created by other branches of government and based on facts and evidence collected by competent state authorities.
“When the law is not clear enough, when it does not follow social and economic changes or when it does not provide precise answers to contemporary challenges, the consequences are inevitably reflected in the work of the courts. The judiciary cannot replace what the law did not regulate,” said Pavličić.
Pointing out the importance of the quality of legislation, she emphasized that Montenegro needs clear, predictable, applicable and European harmonized laws, which will contribute to the legal security of citizens and the economy, and not create additional dilemmas in their application.
The President of the Supreme Court pointed out that the independence of the judiciary does not imply isolation, but institutional cooperation based on mutual respect for constitutional competences and the understanding that the success of reforms in the area of the rule of law cannot be the responsibility of only one institution.
She especially emphasized that the European path of Montenegro has entered the final phase and that the judiciary has accepted its part of obligations and is working intensively on them, which is also recognized in the documents of the European Commission.
“As someone who is speaking today in front of almost 300 Montenegrin judges, I expect the same level of determination when it comes to constitutional reforms, improving the legislative framework, strengthening institutional capacities and creating conditions for the smooth operation of the judiciary,” said Pavličić.
She also pointed out that, now that Montenegro is on the verge of closing negotiation chapters 23 and 24, a significant part of the responsibility lies with the legislative and executive authorities, which must more quickly harmonize legal solutions with the needs of modern society, economic development and international standards.
“Courts are rightly expected to be responsible for what they do, but equally the other two branches of government must be expected to be responsible for what they do not do,” said the President of the Supreme Court, adding that the reflection of an entire society is reflected in its judiciary.
Speaking about the challenges faced by the judicial system, the president of the Supreme Court pointed to the need for an urgent solution to the issue of the retirement of judges and the adoption of a special law that will systematically regulate labor rights, including clear criteria for the retirement of all judges and prosecutors, in accordance with the recommendations of the Venice Commission and European standards.
She also recalled the long-standing problems of inadequate spatial and technical capacities of the judiciary, the lack of human resources, administrative staff and information and communication infrastructure, especially in the Supreme Court, the High Court in Podgorica, the Special State Prosecutor’s Office, as well as in the work of the Judicial and Prosecutorial Council.
She assessed that the state must urgently and decisively respond to these challenges, including speeding up the realization of the project of the future court complex, as a long-term infrastructural solution for the needs of the Montenegrin judiciary.
The President of the Supreme Court particularly warned against the practice of public commenting on active court and prosecution cases by political actors and high-ranking state officials.
She pointed out that legitimate public criticism of any institution is an integral part of a democratic society, but that political actors, especially those who hold the highest state positions, must be aware of the responsibility that their public statements carry.
“They must refrain from statements that may represent or be perceived as an attempt to influence court and prosecutorial decisions or as undermining their work,” said Pavličić.
Speaking about the results of the work of the courts, the president of the Supreme Court pointed out that in the previous period, an increase in efficiency was recorded at almost all levels of judicial authority, with increased productivity and continuous strengthening of the trust of citizens and the economy in judicial institutions.
At the same time, she emphasized that trust in the judiciary cannot be the result of the work of the courts alone, but of the overall social environment in which the institutions function.
“Citizens’ trust in the judiciary cannot be restored only by our quality and efficient work, but also by creating an environment in which we will work smoothly and independently.”
She also pointed to the need for stronger communication between institutions and citizens, emphasizing that a significant part of the public does not even know the legal regulations they need every day, which is why it is necessary to improve legal culture and develop systematic information of citizens about their rights and obligations.
She reminded that modern democratic societies communicate intensively with all social groups to which legal solutions will apply before passing laws, while after their adoption, laws are further brought closer to citizens through public campaigns and practical explanations of their application.
She also announced the strengthening of the judicial authority’s communication with citizens, the professional public and institutions, through education and better availability of information, with the aim of strengthening the understanding of the role of the judiciary and improving the legal culture of society.
Speaking about the pressures to which the judiciary is exposed on a daily basis, the president of the Supreme Court said that certain processes today belong more to the media and political space than to courtrooms.
“There is a lot of burden on the courts and judges, because it is a time of great noise and some processes are more in the media and politics than they should be. Because they should be in the courtrooms. Let us work,” said Pavličić.
“History has shown that a state is not strong when its institutions are loud or oriented towards criticism of others, but when its institutions are responsible.”
The judiciary, as concluded by the President of the Supreme Court, is ready to continue to assume full professional responsibility for its work, but expects all other institutions of the system to show the same responsibility, because only in this way can Montenegro build a modern European state based on the rule of law, mutual respect of institutions and trust of citizens.
