PODGORICA – The Parliament of Montenegro this week elected Jovan Jovanović as a new judge of the Constitutional Court, while the remaining two candidates failed to secure the required majority. Jovanović’s appointment prevents a potential blockade of the court, but the institution will continue to operate with an incomplete bench, as two positions remain vacant.
Completing the composition of the Constitutional Court is also among Montenegro’s obligations within the EU accession process. In its report on Montenegro, the European Commission urged the authorities to “proceed with appointments to high-level judicial positions, including the Constitutional Court, through merit-based and transparent procedures.”
To be appointed to the Constitutional Court, a candidate must receive a three-fifths majority, or 49 votes in parliament.
Jovan Jovanović received 50 votes, while the other two candidates, Mirjana Radović and Mirjana Vučinić, received the support of 47 and 45 MPs, respectively.
At the end of 2024, a serious institutional and political crisis emerged after parliament unilaterally declared the retirement of a Constitutional Court judge and terminated his mandate.
According to the European Commission’s report, this raised concerns about respect for the Court’s independence and the principle of separation of powers. As the Venice Commission assessed in its June opinion, the decision was not in line with the procedure prescribed by the Constitution.
Following the Venice Commission’s opinion, which was requested as part of an agreement between the ruling majority and the opposition, the process of selecting new Constitutional Court judges was reopened.
