English

Heads of prosecutor’s offices without the third term in office

The Prosecutorial Council has unanimously decided that the candidates who applied for the public tenders for the election of the heads of 11 state prosecutor’s offices will not be elected to those positions, it was announced after the session of that body.

“Therefore, the registered candidates for public tenders who were the heads of the same state prosecutor’s office two or more times, were not elected as leaders according to the mentioned announcements,” the statement of the prosecutor’s office submitted to Dan reads.

In relation to the second item on the agenda, the Prosecutorial Council concluded that the general conditions for old-age pension (67 years old) were not met because there was no personal request to use the acquired right to old-age pension under special conditions, and therefore there was no reason for the termination of Ms Nada Pavlović’s function, pursuant to Article 103 of the Law on the State Prosecutor’s Office.

On the occasion of the current event in the Basic State Prosecutor’s Office in Cetinje, the Council decided that it is necessary to turn to the Ministry of the Interior for help until the financial resources for the formation of the prosecutor’s security are provided.

The position of the Prosecutorial Council is completely different from the disputed decision of the Judicial Council, which in the summer of 2019 granted the President of the Supreme Court, Ms Vesna Medenica, and some other presidents of courts a third or even eighth term, although it is contrary to the Constitution.

Some heads of basic and higher prosecutor’s offices submitted candidacies for managerial positions at last year’s competition of the Prosecutorial Council, even though they previously had two or more terms of office.

Acting Supreme State Prosecutor, Mr Ivica Stanković, has explained why he believes that Article 17, paragraphs 1 and 2 of the Law on Amendments to the Pension and Disability Insurance discriminates against prosecutors and judges in relation to other professions, and that this is not in accordance with the Constitution or the decisions of the European Court of Human Rights. rights.

“Article 103 of the Law on the Prosecutor’s Office stipulates that the function of the state prosecutor ceases by fulfilling the conditions for old-age pension, when it comes to the conditions for prosecutors, I think it is indisputable that the Labor Law and the Pension Insurance Law should be valid. The provisions of Article 17 of the Law on Amendments to the Law on Pension and Disability Insurance state that the insured person acquires the right to an old-age pension when men and women reach the age of 64 and 66 respectively. These are special conditions, which means that the right is acquired when the prescribed conditions are met and this is done at personal request. If this decision were imperative, then women prosecutors would retire by law either at 64.61 or at 56 years and 9 months of life “, Mr Stanković has stated.

 

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