N3.T2 – 29 JUDGES AND 11 STATE PROSECUTORS STEP DOWN OVER TWO YEARS
HRA NEWSLETTER 3 – TOPIC 2
In 2023 and 2024, a total of 40 individuals holding judicial positions voluntarily exited the Montenegrin judiciary, comprising 29 judges and 11 state prosecutors. This issue gained prominence following the resignations of state prosecutor Djurdjina Nina Ivanović from the Supreme State Prosecutor’s Office in November and judge Vesna Vučković from the Supreme Court of Montenegro in December of this year.
Tea Gorjanc-Prelević, director of the NGO Human Rights Action, identified three primary reasons behind the mass resignation of judges and prosecutors.
“The situation in the judiciary and the state prosecutor’s office is dire. A significant number of both judges and state prosecutors are currently absent, which places additional workloads on those who remain. The salaries do not adequately reflect the complexity and burden of the work, and the technical conditions are not favorable. Furthermore, resignation offers a strategic escape for some individuals who might be deemed irresponsible, as they effectively evade the workload and pressure while still receiving public official compensation for a full year—or even two, depending on their proximity to retirement. There are also severance payments to consider. If a judge or state prosecutor is facing a disciplinary issue, resigning becomes an ideal option because it halts the disciplinary process, while allowing them to retain their compensation. Notably, this paid compensation remains in place even if the judge or prosecutor is ultimately convicted of a criminal offense, which would otherwise result in dismissal had they not chosen to resign. Lastly, a current contributing factor is the frontal assault by irresponsible politicians, who demean judges and state prosecutor’s offices. The fact that politicians rarely, if ever, file criminal charges against anyone highlights the flimsy nature of their statements and their true intentions. This rhetoric poses a significant threat to the public’s perception of the judiciary’s integrity, causing honest professionals to question, ‘Why should I endure this aggravation?’” Gorjanc-Prelević stated in an interview with daily Dan.
Attorney Veselin Radulović expressed the view that while resignations are personal decisions that do not necessitate public explanation, it would be beneficial for the community to understand the rationale behind such choices. He emphasized the critical importance of promptly filling the vacant positions within the judiciary and ensuring the completion of both the Prosecutorial and Judicial Councils.
