Press release from the Student Parliament of the University of Montenegro: the issue of the lack of Ttainees in Montenegro’s courts
The Student Parliament of the University of Montenegro, as an organization representing the interests of over 18,000 students at the country’s only state university, feels a responsibility and need to address the public and express a clear stance regarding the issue of the lack of trainees in Montenegro’s courts. This problem was partially highlighted in the media article "Montenegro Lacks Judges: Quick Reaction or System Collapse," published on October 27, 2024, in the news chronicle by “Cafe del Montenegro.”
Namely, the mentioned article, through conversations with representatives of the highest and most significant judicial bodies in Montenegro, addresses in part the problem of the lack of trainees in the court system. The main reason highlighted was the alleged lack of interest among graduates from Montenegro’s law faculties to pursue this career and build their professional paths in the courts.
As the umbrella student organization that has actively monitored all aspects of higher education of interest to students for 20 years, as well as job market opportunities related to the position of students and graduates of the University of Montenegro, we believe that when addressing this issue, it is necessary to thoroughly examine all reasons and aspects, as well as potential solutions.
In this regard, we firmly state that the main cause of the lower number of "interested" or registered candidates for the court trainee exam, as well as the significant drop in interest in applying for these positions following the exam, is precisely the mismatch between the conditions for this job and the study model in Montenegro.
Namely, Article 8 of the Law on Trainees in Courts and Public Prosecutor’s Offices and the Judicial Exam ("Official Gazette of Montenegro," No. 055/16 of August 17, 2016, and 057/16 of September 2, 2016) stipulates that "A person who has completed a four-year program at a law faculty with Level VII1 of education qualification may take the trainee exam." This provision directly conflicts with the study model implemented at law faculties in Montenegro, i.e., the "3+2+3" model, which does not allow for the completion of a four-year program at a law faculty (or any other faculty). Additionally, the Higher Education Law, which defines the study model and has been in effect since the 2017/2018 academic year, does not foresee the issuance of a diploma for 240 ECTS credits.
Thus, we emphasize here that the reduced "interest" in trainee positions in Montenegro’s courts is primarily the result of this long-standing mismatch between the higher education system and the judicial system, which forces students to complete both undergraduate and master’s studies, lasting a minimum of five years and totaling at least 300 ECTS credits, to even gain the right to take the trainee exam.
Furthermore, another reason for the evident decline in interest among young law graduates is the issue of defining compensation for court trainee positions.
According to the information we received, the compensation for trainees is not aligned with Article 101 of the Labor Law, which states that the minimum wage should be 800 euros for employees in positions requiring Level VI or higher qualifications.
On the other hand, when determining compensation for court trainees, the relevant authorities refer to the Law on Salaries of Public Sector Employees, which in Article 29 defines that the salary of a trainee with Level VII qualifications is set at 60% of the average salary in Montenegro from the previous year, according to the data of the relevant statistical authority. This is an evidently incorrect, illegal, and unfair practice, considering that a collective agreement cannot provide fewer rights to employees than the scope of rights defined by the Labor Law, but only greater rights, as paradoxically indicated in Article 28 of the aforementioned Law on Salaries of Public Sector Employees.
Thus, a law faculty student in Montenegro, after completing three-year undergraduate and two-year master’s studies (a minimum of five years) totaling at least 300 ECTS credits and achieving Level VII2 qualifications according to the national qualifications framework, only then gains the right to take the court trainee exam. After passing the exam, the student is eligible to apply for a position where the salary offered is lower than the minimum wage for that level of qualification, which is defined by the systemic Labor Law.
Finally, we note that the Student Parliament of the University of Montenegro and the Student Council of the Faculty of Law of the University of Montenegro have previously addressed this issue with the Ministry of Justice during the last two mandates. During consultations and official meetings with the relevant authorities, we received assurances that resolving these issues would be a priority. Additionally, at the insistence of the Student Parliament of the University of Montenegro, regulating the study model has become one of the main topics of discussion at the meetings of the working group for amending the Higher Education Law, marking the third time in the past four years.
In conclusion, we believe that resolving these long-standing systemic issues would not only increase interest in trainee positions in Montenegro’s courts but also correct numerous injustices associated with this issue, which have affected thousands of law faculty students in Montenegro.