N6.T7 – Constitutional Court Reduces Backlog and Announces Greater Transparency
HRA NEWSLETTER 6 – TOPIC 7
The Constitutional Court of Montenegro has ramped up its efforts and significantly reduced the backlog of pending cases related to constitutional appeals. Additionally, the Court has improved its transparency by publishing session agendas in advance, which was a long-standing request from the Human Rights Action (HRA).
Despite these achievements, over 200 cases remain pending regarding initiatives and proposals for constitutionality reviews. The Court’s efficiency is hampered by staff shortages, and its legitimacy is called into question due to the continued presence of two judges—Desanka Lopičić and Budimir Šćepanović—who have met the conditions for retirement long ago.
As of June 1, 2024, the Constitutional Court had 769 cases that were over three years old, including two cases dating back to 2018. “In less than nine months, the Constitutional Court has rendered decisions on nearly 100% of the cases older than three years. Of the aforementioned 769 cases, only two remain undecided due to objective reasons, such as a lack of quorum for addressing recusal requests,” stated President of the Constitutional Court, Snežana Armenko, in a notification sent to the Government.
The Court noted that it is currently processing constitutional appeals filed within the last three years, which it claims aligns with standards for constitutional courts in neighboring countries.
Furthermore, the average duration of cases has been reduced to one year and eight months, marking a significant milestone since the effectiveness of constitutional appeals was established.
In her letter to HRA, President Armenko announced that the Court will regularly publish the agendas for upcoming sessions and provide reasoning for prioritizing certain cases. She emphasized plans to publish both monthly and annual work plans, which aim to offer the public better insights into the dynamics of case resolution.
Despite these positive developments, the Constitutional Court continues to grapple with serious staffing issues. Currently, it employs only 31 staff members, whereas current regulations call for 55 positions. Alarmingly, 17 advisory positions remain vacant—of the 33 positions intended for legal professionals, only 14 are currently filled. The President of the Constitutional Court has informed the Government that they anticipate that further strengthening the Expert Service will “enhance the speed and efficiency of the Court’s operations.”
HRA welcomes the efforts to improve timeliness and the announced commitment to transparency by the Constitutional Court. We hope these initiatives will become standard practice. However, it is urgent to secure the Court’s legitimacy by addressing the pending retirement of the judges in question.
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