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Article 121. Standing duty Ordinary court term length The judicial duty shall be permanent. Supreme court term length Supreme/ordinary court judge removal The duty of a judge shall cease at his/her own request, when he/she fulfills the Mandatory retirement age for judges requirements for age pension and if the judge has been sentenced to an unconditional imprisonment sentence. Supreme/ordinary court judge removal The judge shall be released from duty if he/she has been convicted for an act that makes him unworthy for the position of a judge; performs the judicial duty in an unprofessional or negligent manner or loses permanently the ability to perform the judicial duty. Establishment of judicial council The judge shall not be transferred or sent to another court against his/her will, except by the decision of the Judicial Council in case of reorganization of courts. Establishment of judicial council Article 122. Functional immunity The judge and the lay judge shall enjoy functional immunity. The judge and the lay judge shall not be held responsible for the expressed opinion or vote at the time of adoption of the decision of the court, unless this represents a criminal offense. Establishment of judicial council In the proceedings initiated because of the criminal offense made in the performance of judicial duty, the judge shall not be detained without the approval of the Judicial Council. Outside professions of legislators Article 123. Incompatibility of duties The judge shall not discharge duties of a Member of the Parliament or other public duties or professionally perform some other activity. Montenegro 2007 (rev. 2013) Page 24 constituteproject.org PDF generated: 27 Apr 2022, 10:50 Structure of the courts Article 124. Supreme Court The Supreme Court shall be the highest court in Montenegro. Supreme Court shall ensure uniform application of laws by courts and perform other activities prescribed by law. Supreme/ordinary court judge removal The President of the Supreme Court shall be elected and released from duty by two- Supreme court selection Establishment of judicial council third majority of the Judicial Council, at proposal of the Supreme Court General Bench. Supreme court term length The President of the Supreme Court shall be elected for the period of five years. Supreme court term limits The same person may be elected the president of the Supreme Court no more than two times. Establishment of judicial council Article 125. Election of judges Supreme/ordinary court judge removal A Judge and a president of the court shall be elected and dismissed from duty by the Ordinary court selection Judicial Council. Ordinary court term length The President of the court shall be elected for the period of five years. The President of the court shall not be a member of the Judicial Council. Establishment of judicial council Article 126. Judicial Council The Judicial Council shall be autonomous and independent authority that secures autonomy and independence of the courts and the judges. Establishment of judicial council Article 127. Composition of the Judicial Council The Judicial Council shall have a president and nine members. The members of the Judicial Council shall be: 1. president of the Supreme Court; 2. four judges to be elected and released from duty by the Conference of Judges, taking into account equal representation of courts and judges; 3. four reputable lawyers that are elected and released from duty by the Parliament at proposal of the competent working body of the Parliament upon announced public invitation; 4. Minister in charge of judicial affairs. The President of the Judicial Council shall be elected by the Judicial Council from among its members who do not perform judicial functions, by two-third majority vote of the members of the Judicial Council. The Minister in charge of judicial affairs may not be elected the president of the Judicial Council. The vote of the President of the Judicial Council shall be decisive in case of equal number of votes. The composition of the Judicial Council shall be proclaimed by the President of Montenegro. The term of office of the Judicial Council shall be four years. Establishment of judicial council Article 128. Responsibility of the Judicial Council The Judicial Council shall: 1. elect and release from duty the president of the Supreme Court; Supreme/ordinary court judge removal Supreme court selection Montenegro 2007 (rev. 2013) Page 25 constituteproject.org PDF generated: 27 Apr 2022, 10:50 2. elect and release from duty the president of the Judicial Council; 3. submit the Report on the Performance of the Judicial Council and the Overall Judicial Situation to the Parliament; 4. elect and release from duty the judge, the president of the court and the lay Supreme/ordinary court judge removal judge; Ordinary court selection 5. deliberate on the report on the court activities, applications and complaints regarding the work of the court and take a standpoint with regard to them; 6. establish the cessation of the judicial duty; 7. establish the number of judges and lay judges; 8. propose to the Government the amount of funds required for the work of courts; 9. perform other duties as stipulated by the law. The Judicial Council shall make decisions by majority vote of all its members except in the cases prescribed by the Constitution. The Minister in charge of judicial affairs shall not vote in the disciplinary proceedings related to accountability of judges. 6. ARMY OF MONTENEGRO