N6.T8 – Former Judge Vučković Files New Lawsuit Against the Judicial Council
HRA NEWSLETTER 6 – TOPIC 8
On March 12, former judge and acting president of the Supreme Court of Montenegro, Vesna Vučković, filed a new lawsuit against the Judicial Council.
According to media reports, Vučković’s lawsuit alleges that her request for compensation following the end of her term was rejected, despite a ruling from the Administrative Court of Montenegro supporting her claim.
According to the Law on Salaries of Public Sector Employees, judges and prosecutors are entitled to receive compensation equivalent to their last month’s salary for one year after their term ends, regardless of the reason for their departure. This right can be extended for an additional year if the individual becomes eligible for a pension during that time.
In early February, the Administrative Court accepted Vučković’s lawsuit and referred the case back for reconsideration. However, on February 26, the Judicial Council rejected her request again, with four members voting in favor and three against (six votes are required for a decision). A similar tie of 4-4 occurred in December of the previous year.
The Judicial Council asserts that compensation is not granted when a judge’s term ends at their personal request, as stated by Vučković. In her lawsuit, she argues that the Judicial Council misinterprets the law and violates her fundamental rights.
“The defendant seems to consider itself a court and takes on the role of interpreting the law, which is very concerning. The Judicial Council of Montenegro, although it makes decisions, does not judge or rule and cannot interpret the law or create judicial practices, as it is not a court,” the lawsuit states, according to RTCG.
Vučković also emphasized that the Administrative Court previously confirmed that the law is clear and unambiguous, leaving no room for alternative interpretations regarding the entitlement of those who “professionally held the position” to receive compensation for one year post-tenure.
The Judicial Council previously approved compensation even for judges convicted of criminal offenses. For instance, judge Milosav Zekić of the Basic Court in Rožaje, who was convicted of endangering safety and causing minor bodily harm, resigned while still in the process of being removed from office but still received one year of compensation and severance pay. This case was discussed in the “Analysis of the Procedures for the Selection, Promotion, and Accountability of Judges in Montenegro 2020-2021.”
Vesna Vučković was appointed acting head of the Supreme Court in 2021 and resigned from her judicial position in December 2024, after she lost the vote for the president of the Supreme Court.
According to the Center for Investigative Journalism of Montenegro, between 2020 and 2024, judges whose terms ended received a total of €2,172,239 in compensation. Of the 87 judges who received these payments, more than half—49 judges—resigned.
In response to this practice, Human Rights Action (HRA) has proposed amendments to the Law on Public Sector Salaries and the Law on the Judicial Council and Judges to restrict the right to compensation following the termination of employment.
“Resignation is an easy way out for some irresponsible individuals, allowing them to escape all pressure and responsibility while still receiving compensation. If a judge or prosecutor has committed a disciplinary offense, resigning becomes an ideal solution because it immediately ends the disciplinary procedure, and they retain their compensation,” explained Tea Gorjanc-Prelević, Executive Director of the Human Rights Action.
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