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The Permanent Representation of Montenegro to the Council of Europe presents its compliments to the Parliamentary Assembly of the Council of Europe and has the honor to forward the copy of the letter of Mr Srđan Darmanović, Minister of Foreign Affairs of Montenegro to Mr Wojciech Sawicki, Secretary General of the Parliamentary Assembly, informing of the list of candidates for the post of a judge to the European Court of Human Rights in respect of Montenegro for consideration and further procedure.
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In accordance with the procedure of election of the Judge of the European Court of Human Rights, and after receiving information on successful completion of the evaluation by the Advisory PanelNote of Experts on Candidates for Election as Judge of the European Court of Human Rights, I am honored to invite you to find below the List of three candidates for the election as Judge in respect of Montenegro.
The List, comprising the names of three candidates, given in alphabetical order along with their biographies enclosed herein, endorsed by the Government of Montenegro at the session of September 21, 2017, is as follows:
In addition, the present list is the outcome of the national procedure of selection of candidates that, we strongly believe, reflects the principles of democratic procedure, the rule of law, non-discrimination, accountability and transparency.
As the first step in the process, the Government of Montenegro, by way of the decision, established on 22 June 2017 the Commission for establishing the list of candidates to be endorsed by the Government. The Commission's composition is as follows:
The Government's decision laid down the Commission's competences as follows:
At the same time, in order to perform this Commission's task, the Government's conclusion as of 22 June 2017 laid down the obligation to the Ministry of Justice to announce, in line with the guidelines of the European Convention for the Protection of Human Rights and Fundamental Freedoms, a public call for the election of three candidates for the election as judge of the ECHR in the Official Gazette of Montenegro, and in the daily media outlets in Montenegro.
Accordingly, the public vacancy call was published on 23 June 2017 in the Official Gazette of Montenegro, website of the Ministry of Justice and daily newspapers Pobjeda, Dan, Vijesti and Dnevne Novine. The public call enlisted the requirements for the post of a judge to the European Court of Human Rights, documents to be submitted, as well as the deadline and manner of filing the application.
Namely, in addition to the general criteria for entering the state administration employment as laid down in the Law on Civil Servants and State Employees (Montenegrin citizenship, age of majority, medical capability, educational qualification certificate, clear criminal records certificates (no criminal liability for an offence that would make an applicant unfit for the work state administration body and no ex officio criminal prosecution underway), the candidate for the post of a judge to the European Court of Human Rights shall meet the following additional criteria:
The deadline for submission of the applications was 15 days as of the date of the publication of the public vacancy call.
The following nine applicants have submitted required documentation in a timely manner: Mr Vladan Đuranović, lawyer; Ms Ivana Jelić PhD, associate professor of the Law Faculty of the University of Montenegro; Ms Desanka Lopičić, Judge of the Constitutional Court of Montenegro; Ms Valentina Pavličić, Representative of Montenegro before the European Court of Human Rights; Ms Mirjana Popović, Judge of the High Court in Podgorica; Ms Vesna Ratković, PhD, Member of the Prosecutorial Council; Ms Jelena Ružičić, judge of the Basic Court in Nikšić; Mr Boris Savic, President of the High Court in Podgorica and Ms Danka Živković, Head of the Basic State Prosecutor's Office in Kotor.
The first meeting of the Commission took place on 31 July 2017 when the Commission established its working methods and took note of the submitted applications and the required documentation. At the same meeting, the Commission concluded that all applicants meet the requirements defined in the public call.
Along with the relevant legal experience and high moral character, the English or French language knowledge was a sine qua non condition for the candidates for a post of a judge to the European Court of Human Rights. Thus, the Commission concluded that the active knowledge of English or French language of applicants should be separately assessed during the interview, which was indicated in the public call. To that end, the Commission concluded that experts for English and French languages, from amongst the court interpreters for these languages, should be hired for the interviews.
All applicants were timely and properly informed that the interview would be conducted in one of the official languages of the Council of Europe, depending on what was stated in their applications. Interviews were held on 4 September 2017 at the premises of the Supreme Court of Montenegro. Experts for English and French language were present during the interviews, in addition to the chairperson, members and the secretary of the Commission. All applicants have attended individual interviews, according to the established sequence (alphabetical order by family name of applicant).
The Commission addressed the following topics during the interviews with all applicants:
The candidates were obliged to provide answers in French or English language. The Commission did not question the level of the candidates ' legal knowledge.
Having assessed that the candidates met the requirements contained in the public call of 23 June 2017 and after conducting the interviews with professional assistance of experts for English and French, the Commission voted on the candidates in camera and the voting resulted in the proposal to the list of three candidates for the Government's final endorsement.
Distinguished Secretary General of the PACE,
The list of candidates that I have hereby presented is the same list that was established by the relevant commission and subsequently endorsed by the Government. After the Advisory Panel successfully concluded its evaluation, I have a particular pleasure to forward you the list of candidates for the Judge of the ECHR on behalf of Montenegro.
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Furthermore, I avail myself of this opportunity to thank you and the Parliamentary Assembly of the Council of Europe for all the support provided to Montenegro since our accession to the Council of Europe. Allow me to ensure you about our readiness to permanently enrich our relations.
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Name, forename: Jelić, Ivana
Sex: female
Date and place of birth: 17.03.1975 in Podgorica, Montenegro
Nationality: Montenegrin
Education:
Academic titles:
Other qualifications:
Although the Committee is an international treaty body and not a court, its jurisdiction of taking decisions in respect of alleged violations of civil and political rights, as guaranteed by the ICCPR, is de facto connected with international judicial activity, although treated in theory of law as a quasijudicial activity.
Having in mind that the above mentioned jurisdiction of the Committee at universal level is a pandan to the jurisdiction of the ECtHR at regional European level, as well as that the proceedings are almost identical, the members of the Committee take part in decision making process concerning applications on violations of civil and political rights and make decisions in the form of Views of the Committee.
As a member of the Committee, and in particular of its Working Groups deciding on the individual applications (communications) against the states, as contracting parties, concerning alleged violations of civil and political rights protected by the ICCPR, I took part in consideration, reporting and adoption of the Views concerning about 210 cases.
Twenty years of experience in the field of human rights and eighteen years of employment, which includes numerous activities and significant experience in the field of education, promotion and protection of human rights, through work in the following bodies and institutions (by chronological order):
Member of the Prosecutorial Council of Montenegro (2008−2012), elected by the Parliament of Montenegro, as an independent academic expert.
Member of the Court of Honor of the University of Montenegro (2011-2015), elected by the Senate of the University of Montenegro.
Vice President of Montenegrin Association of Lawyers, elected in July 2008 and re-elected in July 2013 by the Assembly of the Association.
None. Neither a member of nor a holder of any post in any political party or movement.
Education management
2011-2012 and 2015-2016
Vice Dean for International Cooperation of the Faculty of Law, University of Montenegro, in two mandates as above mentioned.
Published 97 scientific and expert publications, among which are the books, university textbook and handbooks, scientific and professional articles, studies, analyses and reports, most of them written in English. Co-author of four international monographs and one textbook.
Ten most relevant titles in the author's opinion:
Books:
Scientific articles:
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Please find confirmed that, in the event that I do not meet the level of language proficiency required for the post of judge in an official language [the second – French], I have intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, my term of duty if elected a judge on the Court.
Specialisations and visiting professorship:
I held guest lectures on different topics in the field of international and European human rights protection at the universities in Berkeley, San Francisco, Vienna, Ljubljana, Belgrade, Zagreb, Rijeka, Johannesburg, Berlin, Nice, Prague, etc.
Participation in the research projects:
Participation in international research projects in the field of human rights, conducted in English and French, within the following academic networks:
Individual researches in human rights, the rule of law and democracy conducted at distinguished academic institutions, including the University of California Berkeley, The Hague Academy of International Law, Freie Universität Berlin, Université Paris 2 – Assas, Université Sofia Antipolis Nice, the University of Columbia in the city of New York, London School of Economics and Political Science.
Hereby I conform that I will take up permanent residence in Strasbourg, if elected a judge on the Court.
Name, forename: Popović, Mirjana (MP)
Sex: female
Date and place of birth: 9 March 1974, Podgorica, Montenegro
Nationality: Montenegrin
The most important professional training attended both in Montenegro and abroad on legal courses, in particular (but not limited to):
MP’s courtroom experience spans almost 19 years.
As a barrister, MP has given legal advice and executed powers of attorney entrusted by clients, including direct application of the ECHR and its case-law in different litigation cases before regular and Constitutional courts of Montenegro. Once appointed as a judge (2010 – onwards), MP continued to directly implement the Convention and its case-law while delivering justice to parties before the court.
− representing clients before the court;
− carrying out other relevant procedures before different state bodies; and
− providing direct administrative assistance to the principalis upon request.
− Representing parties before the court in civil and criminal matters;
− Representing clients in different administrative proceedings as well as in proceedings of enforcement of judgments. Legal services provided to clients represented included frequent application of international standards and instruments on protection of fundamental rights and freedoms – primarily ECHR and its case law but also relevant UN instruments – International Conventions from so called “big six group” including ICCPR and its protocols, ICSCLR, Convention on Protection of Children and their Committees practice. With regard to the ECHR, the majority of cases handled included but were not limited to Art. 2 (right to life), Art. 3 (prohibition of torture), Art. 5 (right to liberty and security), Art. 6 (right to a fair trial), Art. 8 (right to respect for family life), Art. 12 (right to marry) of the European Convention as well as the provisions of Art. 1 of Protocol 1 to the Convention (protection of property), and Art. 5 of Protocol 7 to the Convention (equality between spouses).
− Representing clients in proceedings before the Constitutional Court of Montenegro. These proceedings included filing of Constitutional Complaints signaling possible violations of the fundamental rights and freedoms in concrete cases by regular courts. These included but were not limited to: right to unhindered enjoyment of family life, right to home, social rights, right to work, child protection etc.
−As attorney at law, acting as external legal consultant for a certain number of NGOs whose scope of work included public awareness of human rights standards as well as mechanisms for their protection. As a part of these activities, legal advice was provided to the NGO “Safe women house”, and MP was a member of the working group which drafted the Law on Witness Protection.
− Representing minorities and women in different court (including constitutional complaints) and administrative proceedings on pro bono bases;
− Managing office matters and supervising staff members;
− Registering different forms of legal entities in line with the Law on Business Companies; undertaking procedures as prescribed by the Tax Administration while representing companies and managing cooperation between newly registered companies and the Tax Administration upon the latter’s request; obtaining various kinds of licenses for new companies upon clients’ requests; and drafting contracts (in line with Business Law, Company Law, Family Law, Law on Properties etc.).
From 2006 to 2009 MP set up and registered more than 50 companies including one bank (preparing all contracts, procedures, licenses, establishing human resource department, contracts and procedures for other departments and branches of the bank).
MP represented various foreign investors in more than 100 procedures of purchasing and selling property (procedures which included negotiation, contract signing, transferring ownership from seller to buyer etc.) These activities also included representation of foreign citizens in various administrative proceedings (proceedings for obtaining residence permits, work permits, and other statutory issues).
a) disputes relating to property, family and personal rights, copyrights and other matters except in disputes where the law prescribes the jurisdiction of another court;
b) disputes relating to correction or replying to information provided by the media and petitions relating to violation of personal rights committed through media;
c) disputes relating to: employment, conclusion and application of collective bargaining agreements, as well as all disputes between employers and trade unions; application of the rules on strike; appointment and removal of bodies in companies and other legal entities.
As a judge of a first instance court, MP was also a member of a panel of judges which was authorized to resolve matters related to enforcement and disputes arising in the course, or due to, enforcement proceedings as second judiciary instance.
1) hears and determines criminal proceedings for criminal offences punishable by law by imprisonment for a maximum of 10 years as principal punishment, regardless of the character, profession and position of the person against whom the proceedings are initiated, and for criminal offences of: manslaughter, rape, unauthorized production, keeping and releasing for circulation of narcotic drugs, instigation of ethnic, racial and religious hatred, discord and intolerance, etc.
2) decides at second instance (civil matters) on appeals against decisions rendered by the basic courts, and
3) resolves conflict of jurisdiction between basic courts
National trainer to judges and prosecutors at the Judicial Training Center on right to freedom of expression and right to a fair trial as regulated by articles 6 and 10 of ECHR.
Overall in MP’s 19 year long career in the courtroom, she dealt directly with the implementation of ECHR standards through the case in capacities of an attorney and as a judge. Last but not least, MP provided expertise and advise to UN High Commissioner for Human Rights and to NGO sector in Montenegro.
None.
None.
Has never been a member of any political party. Has never engaged in any political activity.
Organizing of and participating at numerous human rights and legal related events (courses, seminars, round tables)
Member of Consultative Council of European Judges (CCJE)
She is the author of a significant number articles on the right on freedom of expression and the right to a fair trial. She is co-author on Regional Manual for the Implementation of Articles 6 and 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
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In the event that I do not meet the level of language proficiency required for the post of judge in an official language, I hereby confirm my intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, my term of duty if elected a judge in the European Court of Human Rights.
Social Skills and competences:
Her strong characteristics are initiative and patience. Has strong expressed self−control. These characteristics demonstrate her ability to work in a team. Has a respectful dialogue with significant number of judges of national courts. During her career she was a part of several projects which resulted in the improved efficiency of judiciary. In particular, these qualities have come into action in the exercise of judicial office, both as judge of the first and second instance (position she still holds). Namely, for the entire duration of the judicial function, she ended each judicial year with a percentage of the fulfilment of the norm of 105-125% and a very high statistical quality data (over 90% of confirmed judgments). Neither a request for review nor action for fair redress were ever instituted in cases allocated to her.
Able to adopt quickly to new people, living and working environments. Very sociable and communicative person.
Actively uses two scripts: Latin and Cyrillic.
Uses operative systems: Windows XP and software applications: Word, WordPro, E–mail, Internet, PowerPoint.
Not married.
I hereby confirm that I will take up permanent residence in Strasbourg if elected a judge on the European Court of Human Rights.
Name, forename: Savić, Boris
Sex: male
Date and place of birth: 28 November 1961 Ploče, Republic of Croatia
Nationality: Montenegrin
Family status: Married, two children ages 23 and 24
During professional career, I have continued my specialization at numerous seminars and congresses. Only trainings from 2014 are singled out and only part of those considered as the most important:
Apart from that, I was a member of several study delegations during my prosecutorial and judicial career, had the opportunity to visit large number of courts in a significant number of European countries and the United States and become familiar with their work.
Member of Association of Judges of Montenegro
ECDL – European Computer Driving License Start Certificate, Podgorica
26 years of experience in performing judicial and prosecutorial duties in Basic Court, Basic State Prosecutor’s Office and High court in Podgorica. During that period I have written thousands of indictments and judgments, each directly related to human rights.
None.
None.
None. I have never being engaged in any political activity.
None.
Only works during the last three years while holding office of the President of the High Court have been singled out – works presented at the Annual Days of Judiciary and published in the publications “Days of Judiciary”:
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I confirm my intention to follow intensive language classes.
Should I be elected Judge on the Court, I would reside in Strasbourg.