Brussels, 02/08/2013 (Agence Europe) - With Montenegro hoping to open chapters soon on the judicial apparatus and fundamental rights (23) and on freedom, security and justice (24) in its accession negotiations with the EU (see EUROPE 10876), the European Commission hailed the latest constitutional amendments on Thursday 1 August, which represent a further step in establishing the rule of law in this Balkans country of just over 660,000 inhabitants.
The reform of Montenegro's judicial system is certainly on the right track, the European Commission stated in a note, even though it made several criticisms at the same time. Above all, are the recent amendments to the constitution which aim to strengthen the principle of separation of powers, as in Montesquieu's theory in the 18th century.
These amendments “are designed to reduce political influence on the appointment of high-level judicial officials through more transparent and merit-based procedures”, the European Commission explained, believing that this constitutes “a significant step forward with a view to strengthening the independence of the judiciary in line with the Venice Commission recommendations and European standards”.
However, the same Venice Commission had previously suggested that any strengthening of the independence of the judiuciary should come through constitutional amendments. This has not been fully respected. The government of Montenegro has indeed passed certain reforms using the classic legislative route. The European Commission now hopes that “the relevant laws will be amended without delay and in line with European standards”. (JK/transl.fl)