The Parliament of Montenegro should have followed the procedure requiring a formal notification from the Constitutional Court regarding Dragana Djuranovic meeting the conditions for termination of her function in that judicial institution, the Venice Commission assessed in its draft opinion on the case of the former judge, Vijesti reports.
The Venice Commission was cautious in its draft opinion on the procedure and did not interpret whether Constitutional Court judges meet retirement conditions under the Labour Law or the Law on Pension and Disability Insurance.
The draft opinion states that, even if the current legislation does not contain comprehensive rules on conflicts of interest and recusals, Constitutional Court judges should exercise restraint, “bearing in mind the need for the Constitutional Court, as the guarantor of the Constitution, to function as a democratic institution.”
The draft opinion is expected to be discussed at the Venice Commission’s plenary session, which will be held today and tomorrow. Amendments to the draft may be submitted.
Parliament determined the termination of Dragana Djuranovic’s mandate late last year, based on a conclusion of the Constitutional Committee, citing that she had met the retirement conditions under the regulation on pension and disability insurance.
