A Moral Person of Integrity Makes a Recognized Legal Expert
Who can be considered a reputable lawyer, whether it is possible to talk about a legal standard, i.e. the application of European standards in this area, are the questions that today's participants of the University of Montenegro "Legal Standard - Reputable Lawyer" tried to answer.
This issue is important, as moderator and full professor of the Faculty of Law Maja Kostić-Mandić pointed out in the introductory part of the tribune, because members of the Judicial and Prosecutorial Council are elected from the ranks of eminent lawyers.
Professor of the Faculty of Law prof. Dr. Nebojsa Vucinic believes that a person of the highest professional and highest moral values, and independent - a person of integrity, is a recognized legal expert. According to the professor, the question is whether he can do that in our social circumstances, because the election of members of the Judicial and Prosecutorial Council depends on the balance of power in the Assembly, and that, unfortunately, "political, not moral and professional criteria prevail".
"I think that there are people who meet these conditions, and whether these people will be elected is another question,"
Professor Vucinic said, and expressed hope that decision-makers will have in mind the higher general interest.
He added that the first set of the rule of law is the equality of all before the law. As much as possible in a small community such as Montenegro, is another question opened by Professor Vucinic, but he also expressed optimism that it is still possible, even in a society where there are such close ties and where everyone knows everyone.
Professor Vučinić believes that it is important to have a number of judges in the Appellate, Supreme and Constitutional Courts who are not from the judiciary but from a wide range of legal professions, because of the concept of corporate clientelism - so that the profession does not close in on itself. He believes that such a court is difficult to influence.
"Our legal thought must be shaped by the legal standards that are being adopted in Srasbourg. If it is not, then we have not fulfilled the basic principle of the rule of law, and that is the meritorious trial and interpretation of law as expected of us, “Valentina Pavlicic said, Montenegro's representative before the European Court of Human Rights.
She believes that Montenegrin society deserves much more than what it has had so far."We deserve that people are chosen on the basis of knowledge, expertise and abilities, and everyone will be better," she said. He also points out that independence is assumed and carried in person, and that independence, if a credible person is elected, cannot be influenced by the party that appointed him.Lawyer Vladan S. Bojić said that he was pessimistic about independence, especially in the context of recent events, that we have serious problems with the institutions of the system, and that there is a justified fear of a closed circle of justice. He believes that one should not close one's eyes to what is happening in society and that those who are members of the Judicial and Prosecutorial Council must personally submit to the state. President of the Association of Lawyers of Montenegro Branislav Radulović, PhD, said that rotten boards in the judiciary do not come by themselves. For a start, it was necessary for someone to want to have such a system that produces what we have unfortunately witnessed. "What will happen with the new elections, I think that in that regard there is something that is defined as a critical or professional public that should give a stronger answer to certain potential solutions, and my question is: Is there a community that is ready to be united for or potentially against that solution, "he said. The principle of a lawyer, concluded Professor Kostić, is to live honorably, not to harm anyone and to give everyone what belongs to them.