The process of amending the Constitution was started last week by the votes of representatives of the government and the opposition in the Montenegrin parliament Montenegro, making him the first candidate for membership in to the European Union finished one of the key "home tasks" for closing the remaining negotiation chapters with Brussels. The amendments to the highest legal act are important for ending one of the most important chapters in the European integration process - Chapter 23, which refers to the judiciary and fundamental rights.
The changes refer to the composition of the Prosecutorial and Judicial Councils, as well as strengthening the independence of the Central Bank.
"The first vote, which represents a kind of unlocking of the Constitution, has already been carried out, as well as the second one, which determined the Proposal for Constitutional Amendments. A public debate on the proposed amendments is underway, which lasts 30 days, and all interested parties - not only professional associations - have the right to submit remarks, proposals and suggestions." he tells DW Nikola Rovčanin, deputy of the ruling Democratic Montenegro.
He states that the final vote is expected in the first week of September.
Compromise for the sake of a higher goal
The agreement on amendments to the Constitution was preceded by an agreement between the government and the opposition, reached with the mediation of the European Union ambassador in Podgorica, Johan Sattler.
Although an agreement seemed almost impossible, the ruling parties accepted the opposition's request to amend the laws on internal affairs and the National Security Agency (ANB) by July 31, to complete the process of amending the Constitution by September 4, and to elect two judges of the Constitutional Court without delay.
MP of the opposition European Union Boris Mugoša believes that all agreed obligations will be realized and adds that it has been determined that key appointments in state bodies are made with the broadest agreement of the government and the opposition.
"We will do everything for Montenegro to close all chapters by the end of the year, that is, in the first quarter of next year at the latest, in order to complete the second, more complex phase after the next elections - the political ratification of our membership in all 27 EU member states. As the opposition, we have shown political maturity and responsibility," Mugoša told DW.
The European Commission has no confidence in the independence of the judiciary
Citizens' trust in the independence of the judiciary in Montenegro is still very low, and the main reason for this is the influence or pressure of the Government and politicians. This was assessed by the European Commission in the annual Report on the Rule of Law, which, in addition to the member states of the European Union, also includes countries in the process of enlargement.
The report states that although the Judicial and Prosecutorial Council has an established mechanism for reporting cases of undue influence, criticism and attacks on prosecutorial bodies and their decisions have not stopped, which is a cause for concern.
"Public criticism of political actors at the expense of ongoing criminal investigations and decisions of judicial and prosecutorial authorities became more frequent in the reporting period. Such practice causes concern due to undue influence on the prosecution," the European Commission pointed out.
The target of criticism and attacks in the last ten months has primarily been the Supreme State Prosecutor Milorad Marković, who was accused by some government representatives of not doing enough to prosecute key representatives of the former government led by the Democratic Party of Socialists (DPS), above all the former President and Prime Minister of Montenegro, Milo Đukanović.
On the other hand, the DPS, which is now in the opposition, constantly criticizes the chief special prosecutor Vladimir Novović, claiming that he is selective in prosecuting cases of high corruption and that proceedings are conducted mainly against their officials, while numerous complaints against representatives of the current government remain unanswered.
Now only Zagreb can slow down
According to the assessment of the European Union, the process of constitutional amendments should additionally strengthen the independence of the judiciary, but there are also those who claim that the Prosecutor's Office will thus become a kind of "fourth branch of government", which will control itself.
However, the constitutional changes are expected to be completed in September, after which Montenegro should focus on closing the remaining 15 negotiation chapters.
Meanwhile, the Constitutional Court was also completed a few days ago, which was also one of Brussels' conditions. This removed one of the important open issues, and the only thing that could slow down Montenegro's European path now is the demands of neighboring Croatia to resolve bilateral issues. However, these issues are also being discussed in order to overcome them.
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