Pavličić: Three judges left behind 1,300 unresolved cases

The Supreme Court of Montenegro is currently carrying out its constitutional and legal responsibilities with a significantly reduced number of judges, as seven judicial positions are presently vacant, posing a major challenge to the efficient functioning of the country's highest court.

At present, the Supreme Court has 12 judges holding office, with only 11 effectively performing judicial duties out of the 19 positions envisaged under the decision determining the number of judges, including the President of the Supreme Court. In other words, the country's highest court, the institution responsible for ensuring finality in the most complex judicial proceedings, is currently operating with nearly 40% fewer judges than required for its full and effective functioning, Supreme Court President Valentina Pavličić told daily newspaper Dan.

Despite these challenges, Pavličić emphasized that, through effective work organization and the dedication and overtime work of all available judicial and administrative staff, the Supreme Court continues to fulfil its constitutional role of ensuring the uniform application of the law by the courts and guaranteeing equality of all citizens before the law.

- The Supreme Court is not in crisis. The Supreme Court is functioning. What is at risk is the long-term sustainability of the judicial system unless the issue of judicial attrition and the creation of a sustainable pool of judges is addressed through systemic reforms - Pavličić stressed.

She explained that judges have left the Supreme Court for various legal reasons. Some ceased performing their duties upon becoming eligible for retirement, while others left by personal choice, either to assume other judicial or public positions or by submitting resignations, all in accordance with applicable legislation.

- For the highest judicial institution, the crucial issue is not why someone left, but the consequences that departure has for the entire system. Since the beginning of the year, six judicial positions have become vacant. Three judges retired after meeting the legal requirements. The departure of two judges from the Administrative Department of the Supreme Court and one judge from the Civil Department required the redistribution of 1,300 unresolved cases. This is not merely an administrative exercise - it is a process that requires a complete reorganization of the work of the highest court and places an additional burden on all judges. Based on available comparative experience, we have not identified a similar situation in the work of other supreme courts. For that reason, I believe the legal system must include mechanisms that ensure the continuity of court operations and the orderly transfer of cases whenever a judge of the highest court leaves office - the Supreme Court President said.

She stressed that courts must not depend on individual judges but should instead operate within a system capable of guaranteeing continuity regardless of personnel changes.

- Supreme Court Judge Tatjana Ljujić requested the termination of her judicial office, exercising her legal right to receive salary compensation for up to one year before becoming eligible for retirement, in accordance with applicable regulations. She left behind 140 unresolved civil cases. Supreme Court Judge Ljiljana Šoškić assumed another public office as President of the Governing Board of the Centre for Training in the Judiciary and State Prosecution Service, resulting in the suspension of her judicial office in accordance with the law. During the suspension period, her judicial position cannot be filled through the appointment of a new judge, which further reduces the Supreme Court's available judicial capacity. Upon leaving, Judge Šoškić left 400 unresolved administrative cases that had to be reassigned to the remaining two judges in that department. However, this arrangement was short-lived because one of those two judges, Jelena Ružičić, was subsequently elected as a judge of the Constitutional Court of Montenegro, thereby ceasing to serve on the Supreme Court. This further reduced the number of judges and significantly increased the workload of the remaining judges, necessitating a comprehensive reorganization of the Court's work and requiring all judges to participate in panels dealing with administrative cases. Specifically, Judge Ružičić's 760 unresolved administrative cases were redistributed among all judges currently serving on the Supreme Court. As a result of these personnel changes, the previously mentioned total of 1,300 unresolved administrative and civil cases had to be redistributed among the remaining Supreme Court judges, requiring substantial reorganization and the involvement of all judges in the work of the specialized administrative panel - Pavličić explained.

Pavličić expressed her expectation that the Parliament of Montenegro would adopt, as soon as possible, the legislative amendments proposed by the Supreme Court.

Judiciary losing its talent pool

Pavličić warned that one of the most concerning trends is the gradual erosion of the judiciary's professional talent pool.

- There are fewer and fewer candidates interested in beginning a professional career in the judiciary, from judicial trainees and judicial advisers to candidates applying for judicial office in the basic courts. This trend poses a serious risk to the long-term sustainability of the judicial system. The reasons are numerous, but among the most significant are the insufficiently competitive financial conditions for employees in the judiciary and the demanding requirements of professional training. It is therefore essential to strengthen the judiciary's human resources in a systematic manner, beginning with traineeships and the status of judicial advisers and continuing through the appointment of judges - the Supreme Court President said.

The problem is spilling over to lower courts

The President of the Supreme Court recalled that she has repeatedly pointed out, both publicly and during meetings of the Council for the Rule of Law, that the shortage of judges is not an issue affecting only one court but a challenge facing the judiciary as a whole.

- Although the completion of the ongoing recruitment procedures will make it possible to fill a certain number of vacant positions at the Supreme Court, it should be borne in mind that Supreme Court judges are selected from among the most experienced judges serving in other courts. This does not increase the overall number of judges within Montenegro's judiciary; it merely redistributes existing judicial personnel between courts, leaving the courts from which those judges are drawn even more understaffed. In this way, the problem is not resolved - it is simply transferred to another level of the judicial system - Pavličić concluded.