Milović sent a new opinion to the TS Secretariat: The incumbents of the VDT were illegally elected

The Minister of Justice, Andrej Milović, sent a new opinion to the Secretariat of the Prosecutorial Council regarding the provisions of the Law on the State Prosecutor's Office, which refer to the election of the Acting Supreme State Prosecutor, in which he points out that the illegal decision that enabled the acting the supreme state prosecutor remains in that position after the end of his mandate.
By the way, on July 28 last year, the Ministry of Justice issued an opinion regarding the legal institute of the Acting Supreme State Prosecutor.
I emphasize that the opinion in question, which was signed by the then minister Marko Kovač, has no legal foundation, for which reason I am withdrawing the opinion in question and submitting a new opinion. Therefore, the decision of the Prosecutor's Council, made on the basis of the opinion of the Ministry of Justice, which enabled the acting of the Supreme State Prosecutor to remain the State Prosecutor in the Supreme State Prosecutor's Office after the end of his mandate is illegal and such a decision violates the Constitution of Montenegro and the Law on the State Prosecutor's Office - it is stated in the document signed by the Minister of Justice Andrej Milović.
He reminds that the Constitution stipulates that the Supreme State Prosecutor is elected and dismissed by the Parliament of Montenegro, on the proposal of the Prosecutorial Council, following a public invitation, and that he is elected for a period of five years, that is, that the Prosecutorial Council determines the proposal for the election of the Supreme State Prosecutor.
Milović also points out that the Law on the State Prosecutor's Office stipulates that the state prosecutor can be promoted to the Supreme State Prosecutor's Office if he is rated as excellent and if he meets the special conditions for selection, and that in that procedure, vacancies for state prosecutors in the VDT are publicly advertised. The Law on the State Prosecutor's Office also prescribes the criteria for the State Prosecutor who advances, that is, the selection of the State Prosecutor in the State Prosecutor's Office is made on the basis of the evaluation of the work of the State Prosecutor who applied for the advertisement and the evaluation of the interview.
So, in this particular case, the former Acting of the Supreme State Prosecutor, who came from the Higher State Prosecutor's Office in Podgorica, was promoted by the decision of the Prosecutorial Council to the Supreme State Prosecutor's Office, without a public advertisement for that position, which did not give other candidates the opportunity to apply, nor was her work evaluated. This decision was made by the Prosecutor's Council on the basis of the opinion of the Ministry of Justice, which states that the acting official has the same scope of rights, powers and responsibilities as the Supreme State Prosecutor who is in full mandate - explains the Minister of Justice.
He emphasizes that the method of election of VDT and acting VDT are different, because the former is chosen by the Assembly, and the latter by the Prosecutor's Council as a temporary solution.
Namely, the supreme state prosecutor is elected by a majority of 54 deputies in the first vote (two-thirds) or by 49 deputies in the second vote (three-thirds), while the acting the supreme state prosecutor is elected by at least six votes in the Prosecutor's Council. By adopting this opinion, the votes of at least six members of the Prosecutor's Council were tied with 54/49 of the deputies in the Montenegrin parliament - Milović pointed out.
In August of this year, Tatjana Begović was re-elected to the position of acting of VDT in the next six months.
This was decided by the Prosecutor's Council with the majority of that body's votes, and only Stevo Muk and Bojan Božović (representative of the Ministry of Justice) voted against.
The current Minister of Justice, Andrej Milović, as a member of the Presidency of the Europe Now Movement, said that Begović could not be elected acting president. VDT because she was a member of the Prosecutor's Council at the session where the candidates for acting were chosen and voted on. of VDT.
The fact that a member of the TS is being promoted to the position of acting director casts an additional shadow on this process. of the VDT during his mandate in the TS, which is illegal even though he is acting - Milović stated at the time in a post on Twitter.
He reminded that the previous acting of the VDT (Maja Jovanović) illegally provided a permanent position in the VDT through that status, even though she was acting, so, as he added, the question also arises of the potential transfer of the plaintiff Begović to the VDT, which would de facto promote her even though she is a member of the TS . "The fact that also burdens this potential choice is that the previous acting VDT's Maja Jovanović and prosecutor Begović are godmothers, by their own admission, so a bad message is also being sent about already traditional godfather relations and advancements in the prosecutor's organization," Milović warned earlier.
The Supreme State Prosecutor's Office is acting as of October 2019. Acting VDT Maji Jovanović's second six-month term in that position expired on February 5.

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