Stemming from:
The decision of the citizens of Montenegro to live in an independent and
sovereign state of Montenegro, made in the referendum held on May 21, 2006;
The commitment of the citizens of Montenegro to live in a state in which the
basic values are freedom, peace, tolerance, respect for human rights and liberties,
multiculturalism, democracy and the rule of law;
The determination that, as free and equal citizens, persons belonging to nations
and national minorities living in Montenegro: Montenegrins, Serbs, Bosnians, Albanians,
Muslims, Croats and others, we are loyal to the democratic and civil state of Montenegro;
The conviction that the state is responsible for the preservation of nature, sound
environment, sustainable development, balanced development of all its regions and the
establishment of social justice;
The dedication to cooperation on equal footing with other nations and states and
to the European and Euro-Atlantic integrations,
the Constitutional assembly of the Republic of Montenegro, at its third meeting
within the second regular session in 2007, held on October 19, 2007, adopts
THE CONSTITUTION OF MONTENEGRO
PART ONE
BASIC PROVISIONS
The State
Article 1
Montenegro is an independent and sovereign state, with the republican form of
government.
Montenegro is a civil, democratic, ecological and the state of social justice, based
on the rule of law.
Sovereignty
Article 2
Bearer of sovereignty is the citizen with Montenegrin citizenship.
The citizen shall exercise power directly and through the freely elected
representatives.
The power that is not stemming from the freely expressed will of the citizens in
the democratic elections, in accordance with the law, shall not be established nor
recognized.
State territory
Article 3
The territory of Montenegro is unified and inalienable.
State symbols
Article 4
Montenegro shall have a coat of arms, a flag and a national anthem.
The coat of arms of Montenegro shall be the golden double-headed eagle with
lion on its chest.
The flag of Montenegro shall be red in color, with the coat of arms in the center
and the golden brim.
The national anthem of Montenegro shall be “Oj svijetla majska zoro”.
Capital and Old Royal Capital
Article 5
The capital of Montenegro shall be Podgorica,
The Old Royal Capital of Montenegro shall be Cetinje.
Human rights and liberties
Article 6
Montenegro shall guarantee and protect rights and liberties.
The rights and liberties shall be inviolable.
Everyone shall be obliged to respect the rights and liberties of others.
Prohibition of infliction of hatred
Article 7
Infliction or encouragement of hatred or intolerance on any grounds shall be
prohibited.
Prohibition of discrimination
Article 8
Direct or indirect discrimination on any grounds shall be prohibited.
Regulations and introduction of special measures aimed at creating the conditions
for the exercise of national, gender and overall equality and protection of persons who are
in an unequal position on any grounds shall not be considered discrimination.
Special measures may only be applied until the achievement of the aims for which
they were undertaken.
Legal order
Article 9
The ratified and published international agreements and generally accepted rules
of international law shall make an integral part of the internal legal order, shall have the
supremacy over the national legislation and shall apply directly when they regulate
relations differently than the national legislation.
Limits of liberties
Article 10
In Montenegro, anything not prohibited by the Constitution and the law shall be
free.
Every person shall abide by the Constitution and the law.
Division of powers
Article 11
The power shall be regulated following the principle of the division of powers
into the legislative, executive and judicial.
The legislative power shall be exercised by the Parliament, the executive power
by the Government and the judicial by the courts.
The power shall be limited by the Constitution and the law.
The relationship between powers shall be based on balance and mutual control.
Montenegro shall be represented by the President of Montenegro.
Constitutionality and legality shall be protected by the Constitutional Court.
The army and the security services shall be subject to democratic and civil
control.
Montenegrin citizenship
Article 12
Montenegrin citizenship shall exist in Montenegro.
Montenegro shall protect the rights and interests of the Montenegrin citizens.
Montenegrin citizen shall not be expelled or extradited to other state, except in
accordance with the international obligations of Montenegro.
Language and alphabet
Article 13
In Montenegro Montenegrin shall be the language in official use.
Cyrillic and Latin alphabet shall be equal.
Serbian, Bosnian, Albanian and Croatian languages shall also be in official use.
Separation of the religious communities from the State
Article 14
Religious communities shall be separated from the state.
Religious communities shall be equal and free in the exercise of religious rites
and religious affairs.
Relations with other states and international organizations
Article 15
Montenegro shall cooperate and develop friendly relations with other states,
regional and international organizations, based on the principles and rules of international
law.
Montenegro may accede to international organizations.
The Parliament shall decide on the manner of accession to the European Union.
Montenegro shall not enter into a union with another state by which it loses its
independence and full international personality.
Legislation
Article 16
In accordance with the Constitution, the law shall regulate:
1) the manner of exercise of human rights and liberties, when this is necessary
for their exercise;
2) the manner of exercise of the special minority rights;
3) the manner of establishment, organization and competences of the authorities
and the procedure before those authorities, if so required for their operation;
4) the system of local self-government;
5) other matters of interest for Montenegro.
PART TWO
HUMAN RIGHTS AND LIBERTIES
1. COMMON PROVISIONS
Grounds and equality
Article 17
Rights and liberties shall be exercised on the basis of the Constitution and the
confirmed international agreements.
All persons shall be deemed equal before the law, regardless of any particularity
or personal feature.
Gender equality
Article 18
The state shall guarantee the equality of women and men and shall develop the
policy of equal opportunities.
Protection
Article 19
Everyone shall have the right to equal protection of the rights and liberties
thereof.
Legal remedy
Article 20
Everyone shall have the right to legal remedy against the decision ruling on the
right or legally based interest thereof.
Legal aid
Article 21
Everyone shall have the right to legal aid.
Legal aid shall be provided by the bar, as an independent and autonomous
profession, and by other services.
Legal aid may be provided free of charge, in accordance with the law.
Right to local self-government
Article 22
The right to local self-government shall be guaranteed.
Environment
Article 23
Everyone shall have the right to a sound environment.
Everyone shall have the right to receive timely and full information about the
status of the environment, to influence the decision-making regarding the issues of
importance for the environment, and to legal protection of these rights.
Everyone, the state in particular, shall be bound to preserve and improve the
environment.
Limitation of human rights and liberties
Article 24
Guaranteed human rights and freedoms may be limited only by the law, within the
scope permitted by the Constitution, to the extent necessary in an open and democratic
society in order to satisfy the purpose for which the limitation has been permitted.
Limitations shall not be introduced for purposes other than the ones for which
they were prescribed.
Temporary limitation of rights and liberties
Article 25
During the proclaimed state of war or emergency, the exercise of certain human
rights and liberties may be limited, to the necessary extent.
The limitations shall not be introduced on the grounds of sex, nationality, race,
religion, language, ethnic or social origin, political or other beliefs, financial standing or
any other personal feature.
There shall be no limitations imposed on the rights to: life, legal remedy and legal
aid; dignity of and respect for a person; fair and public trail and the principle of legality;
presumption of innocence; defense; compensation of damage for illegal or ungrounded
deprivation of liberty and ungrounded conviction; freedom of thought, conscience and
religion; entry into marriage.
There shall be no abolishment of the prohibition of: inflicting or encouraging
hatred or intolerance; discrimination; trial and conviction twice for one and the same
criminal offence (ne bis in idem); forced assimilation.
Measures of limitation may be in effect at the most for the period of duration of
the state of war or emergency.
2. PERSONAL RIGHTS AND LIBERTIES
Prohibition of death penalty
Article 26
There shall be no death penalty in Montenegro.
Biomedicine
Article 27
The right of a person and the dignity of the human being shall be guaranteed with
regard to the use of biology and medicine.
Any intervention aimed at creating a human being that is genetically identical to
another human being, living or dead shall be prohibited.
It is prohibited to perform medical and other experiments on human beings,
against their will.
Dignity and inviolability of persona
Article 28
The dignity and security of a man shall be guaranteed.
The inviolability of the physical and mental integrity of a man, and privacy and
individual rights thereof shall be guaranteed.
No person shall be subject to torture or inhumane or degrading treatment.
No person shall be held as a slave or in a position of slavery.
Deprivation of liberty
Article 29
Everyone shall have the right to personal liberty.
Deprivation of liberty shall be permitted only for the reasons and in the procedure
prescribed by the law.
Person deprived of liberty shall be notified immediately of the reasons for the
arrest thereof, in own language or in the language he/she understands.
Concurrently, person deprived of liberty shall be informed that he/she is not
obliged to give any statement.
At the request of the person deprived of his/her liberty, the authority shall
immediately inform about the deprivation of liberty the person of own choosing of the
person deprived of his/her liberty.
The person deprived of his/her liberty shall have the right to the defense counsel
of his/her own choosing present at his interrogation.
Unlawful deprivation of liberty shall be punishable.
Detention
Article 30
Person suspected with reasonable doubt to have committed a crime may, on the
basis of the decision of the competent court, be detained and kept in confinement only if
this is necessary for the pre-trial procedure.
Detainee shall be given the justified decision of detention at the time of being
placed in detention or no later than within 24 hours from being put in detention.
Detainee shall have the right of appeal against the decision of detention, upon
which the court shall decide within 48 hours.
The duration of detention shall be reduced to the shortest possible period of time.
Detention by the decision of first-instance court may last up to three months from
the day of detention, and by the decision of a higher court, the detention may be extended
for additional three months.
If no indictment is raised by time of expiry of those deadlines, the detainee shall
be released.
Detention of minors shall not exceed 60 days.
Respect for person
Article 31
The respect of human personality and dignity in the criminal or other procedure,
in case of deprivation or limitation of liberty and during the execution of imprisonment
sentence shall be guaranteed.
Any form of violence, inhuman or degrading behavior against a person deprived
of liberty or whose liberty has been limited, and any extortion of confession and
statement shall be prohibited and punishable.
Fair and public trial
Article 32
Everyone shall have the right to fair and public trial within reasonable time before
an independent, impartial court established by the law.
Principle of legality
Article 33
No one shall be punished for an act that, prior to being committed, was not
stipulated by the law as punishable, nor may be pronounced a punishment which was not
envisaged for that act.
More lenient law
Article 34
Criminal and other punishable acts shall be stipulated and the punishments for
them shall be pronounced in accordance with the law in force at the time when the act
was committed, unless the new law is more lenient for the perpetrator.
Presumption of innocence
Article 35
Every one shall be deemed innocent until the guilt thereof has been established by
an enforceable court decision.
The accused shall not be obliged to prove the innocence thereof.
The court shall interpret the doubt regarding the guilt to the benefit of the
accused.
Ne bis in idem
Article 36
No one may be trialed or convicted twice for one and the same punishable act.
Right to defense
Article 37
Every one shall be guaranteed the right to defense, and especially: to be informed
in the language he/she understands about the charges against thereof; to have sufficient
time to prepare defense and to be defended personally or through a defense attorney of
his/her own choosing.
Compensation of damage for illegal action
Article 38
Person deprived of liberty in an illegal or ungrounded manner or convicted
without grounds shall have the right to the compensation of damage from the state.
Movement and residence
Article 39
Freedom of movement and residence shall be guaranteed, as well as the right to
depart from Montenegro.
Freedom of movement, residence and departure from Montenegro may be
restricted if required so for conducting the criminal procedure, prevention of contagious
diseases spreading or for the security of Montenegro.
Movement and residence of foreigner citizens shall be regulated by the law.
Right to privacy
Article 40
Every person shall have the right to respect for private and family life.
Inviolability of home
Article 41
Home shall be inviolable.
No one shall enter the dwelling place or other premises against the will of the
possessor thereof and search them without a court warrant.
The search of premises shall be conducted in the presence of two witnesses.
A person in official capacity may enter other people’s dwelling place or other
premises without the court warrant and conduct the search without the presence of
witnesses if so necessary for the prevention of execution of a criminal offence, immediate
apprehension of a perpetrator or in order to save people and property.
Confidentiality of correspondence
Article 42
Confidentiality of letters, telephone conversations and other means of
communication shall be inviolable.
The principle of inviolability of confidentiality of letters, telephone calls and other
means of communication shall be deviated from only on the basis of a court decision, if
so required for the purposes of conducting criminal proceedings or for the security of
Montenegro.
Personal data
Article 43
The protection of personal data shall be guaranteed.
It is prohibited to use personal data for purposes other than those for which they
were collected.
Everyone shall have the right to be informed about the personal data collected
about him or her and the right to court protection in case of abuse.
Right to asylum
Article 44
A foreign national reasonably fearing from persecution on the grounds of his/her
race, language, religion or association with a nation or a group or due to own political
beliefs may request asylum in Montenegro.
A foreign national shall not be expelled from Montenegro to where due to his
race, religion, language or association with a nation he/she is threatened with death
sentence, torture, inhuman degradation, persecution or serious violation of rights
guaranteed by this Constitution.
A foreign national may be expelled from Montenegro solely on the basis of the
decision of the responsible authority and following the legally prescribed procedure.
3. POLITICAL RIGHTS AND LIBERTIES
Electoral right
Article 45
The right to elect and stand for elections shall be granted to the citizen of
Montenegro who is 18 years of age or above and who has minimum two years of
residence in Montenegro.
The electoral right shall be exercised in elections.
The electoral right shall be general and equal.
Elections shall be free and direct, by secret ballot.
Freedom of thought, conscience and religion
Article 46
Everyone shall be guaranteed the right to freedom of thought, conscience and
religion, as well as the right to change the religion or belief and the freedom to,
individually or collectively with others, publicly or privately, express the religion or
belief by prayer, preaches, customs or rites.
No one shall be obliged to declare own religious and other beliefs.
Freedom to express religious beliefs may be restricted only if so required in order
to protect life and health of the people, public peace and order, as well as other rights
guaranteed by the Constitution.
Freedom of expression
Article 47
Everyone shall have the right to freedom of expression by speech, writing, picture
or in some other manner.
The right to freedom of expression may be limited only by the right of others to
dignity, reputation and honor and if it threatens public morality or the security of
Montenegro.
Objection of conscience
Article 48
Everyone shall have the right to objection of conscience.
No one shall be obliged, contrary to own religion or conviction, to fulfill a
military or other duty involving the use of arms.
Freedom of press
Article 49
Freedom of press and other forms of public information shall be guaranteed.
The right to establish newspapers and other public information media, without
approval, by registration with the competent authority, shall be guaranteed.
The right to a response and the right to a correction of any untrue, incomplete or
incorrectly conveyed information that violates a person’s right or interest and the right to
compensation of damage caused by the publication of untruthful data or information shall
be guaranteed.
Prohibition of censorship
Article 50
There shall be no censorship in Montenegro.
The competent court may prevent dissemination of information and ideas via the
public media only if so required in order to prevent invitation to forcible destruction of
the order defined by the Constitution; preservation of territorial integrity of Montenegro;
prevention of propagating war or incitement to violence or performance of criminal
offences; prevention of propagating racial, national and religious hatred or
discrimination.
Access to information
Article 51
Everyone shall have the right to obtain information held by the state authorities
and organizations exercising public authority.
The right to accessibility of information may be limited if this is in the interest of:
the protection of life; public health; morality and privacy; carrying of criminal
proceedings; security and defense of Montenegro; foreign, monetary and economic
policy.
Freedom of assembly
Article 52
The freedom of peaceful assembly, without approval, with prior notification of
the competent authority shall be guaranteed.
The freedom of assembly may be temporarily restricted by the decision of the
competent authority in order to prevent disorder or execution of a criminal offence, threat
to health, morality or security of people and property, in accordance with the law.
Freedom of association
Article 53
The freedom of political, trade union and other association and action, without
approval, by the registration with the competent authority, shall be guaranteed.
No one shall be forced to become a member of an association.
The state supports political and other associations, when there is a public interest
to do so.
Prohibition of organizing
Article 54
Political organizing in state authorities shall be prohibited.
A judge of the Constitutional Court, a judge, a state prosecutor and his/her deputy,
an Ombudsman, a member of the Council of the Central Bank, a member of the Senate of
the State Audit Institution, a professional member of the Army, Police and other security
services shall not be a member of any political organization.
Political organizing and actions of foreign nationals and political organizations
with the seat outside of Montenegro shall be prohibited.
Prohibition of operation and establishment
Article 55
The operation of political and other organizations directed towards forceful
destruction of the constitutional order, infringement of the territorial integrity of
Montenegro, violation of guaranteed freedoms and rights or instigating national, racial,
religious and other hatred and intolerance shall be prohibited.
The establishment of secret subversive organizations and irregular armies shall be
prohibited.
Right of recourse to international organizations
Article 56
Everyone shall have the right of recourse to international organizations for the
protection of own rights and freedoms guaranteed by the Constitution.
Right of recourse
Article 57
Everyone shall have the right of recourse, individually or collectively with others,
to the state authority or the organization exercising public powers and to receive a
response.
No one shall be held responsible, or suffer other harmful consequences due to the
views expressed in the recourse, unless having committed a crime in doing so.
4. ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND LIBERTIES
Property
Article 58
Property rights shall be guaranteed.
No one shall be deprived of or restricted in property rights, unless when so
required by the public interest, with rightful compensation.
Natural wealth and goods in general use shall be owned by the state.
Entrepreneurship
Article 59
Freedom of entrepreneurship shall be guaranteed.
Freedom of entrepreneurship may be limited only if so necessary in order to
protect the health of the people, environment, natural resources, cultural heritage or
security and defense of Montenegro.
Right to succession
Article 60
The right to succession shall be guaranteed.
Rights of foreign nationals
Article 61
A foreign national may be the holder of property rights (subjekat prava svojine) in
accordance with the law.
Right to work
Article 62
Everyone shall have the right to work, to free choice of occupation and
employment, to fair and human working conditions and to protection during
unemployment.
Prohibition of forced labor
Article 63
Forced labor shall be prohibited.
The following shall not be considered forced labor: labor customary during the
serving of sentence, deprivation of liberty; performance of duties of military nature or
duties required instead of military service; work demanded in case of crisis or accident
that threatens human lives or property.
Rights of the employed
Article 64
The employed shall have the right to adequate salary.
The employed shall have the right to limited working hours and paid vacation.
The employed shall have the right to occupational health and safety (protection at
work).
Youth, women and the disabled shall enjoy special protection at work.
Social council
Article 65
Social position of the employed shall be adjusted in the Social council.
Social council shall consist of the representatives of the trade union, the
employers and the Government.
Strike
Article 66
The employed shall have the right to strike.
The right to strike may be restricted to the persons employed in the Army, the
Police, state authorities and public service, in order to protect the public interest, in
accordance with the law.
Social insurance
Article 67
Social insurance of the employed shall be mandatory.
The state shall provide material security to the person that is unable to work and
has no funds for life.
Protection of the persons with disability
Article 68
Special protection of the persons with disability shall be guaranteed.
Health protection
Article 69
Everyone shall have the right to health protection.
A child, a pregnant woman, an elderly person and a person with disability shall
have the right to health protection from public revenues, if they do not exercise this right
on some other grounds.
Consumer protection
Article 70
The state shall protect the consumer.
Actions that harm the health, security and privacy of consumers shall be
prohibited.
Marriage
Article 71
Marriage may be entered into only on the basis of a free consent of a woman and
a man.
Marriage shall be based on equality of spouses.
Family
Article 72
Family shall enjoy special protection.
Parents shall be obliged to take care of their children, to bring them up and
educate them.
Children shall take care of their own parents in need of assistance.
Children born out of wedlock shall have the same rights and responsibilities as
children born in marriage.
Protection of mother and child
Article 73
Mother and child shall enjoy special protection.
The state shall create the conditions that encourage childbirth.
Rights of a child
Article 74
A child shall enjoy rights and freedoms appropriate to his age and maturity.
A child shall be guaranteed special protection from psychological, physical,
economic and any other exploitation or abuse.
Education
Article 75
The right to education under same conditions shall be guaranteed.
Elementary education shall be obligatory and free of charge.
The autonomy of universities, high education and scientific institutions shall be
guaranteed.
Freedom of creation
Article 76
The freedom of scientific, cultural and artistic creation shall be guaranteed.
The freedom to publish works of science and arts, scientific discoveries and
technical inventions shall be guaranteed, and their authors shall be guaranteed the moral
and property rights.
Science, culture and arts
Article 77
The state shall encourage and support the development of education, science,
culture, arts, sport, physical and technical culture.
The state shall protect the scientific, cultural, artistic and historic values.
Protection of natural and cultural heritage
Article 78
Everyone shall be obliged to preserve natural and cultural heritage of general
interest.
The state shall protect the natural and cultural heritage.
5. SPECIAL – MINORITY RIGHTS
Protection of identity
Article 79
Persons belonging to minority nations and other minority national communities
shall be guaranteed the rights and liberties, which they can exercise individually or
collectively with others, as follows:
1) the right to exercise, protect, develop and publicly express national,
ethnic, cultural and religious particularities;
2) the right to choose, use and publicly post national symbols and to
celebrate national holidays;
3) the right to use their own language and alphabet in private, public and
official use;
4) the right to education in their own language and alphabet in public
institutions and the right to have included in the curricula the history
and culture of the persons belonging to minority nations and other
minority national communities;
5) the right, in the areas with significant share in the total population, to
have the local self-government authorities, state and court authorities
carry out the proceedings also in the language of minority nations and
other minority national communities;
6) the right to establish educational, cultural and religious associations,
with the material support of the state;
7) the right to write and use their own name and surname in their own
language and alphabet in the official documents;
8) the right, in the areas with significant share in total population, to have
traditional local terms, names of streets and settlements, as well as
topographic signs written also in the language of minority nations and
other minority national communities;
9) the right to authentic representation in the Parliament of the Republic
of Montenegro and in the assemblies of the local self-government units
in which they represent a significant share in the population, according
to the principle of affirmative action;
10) the right to proportionate representation in public services, state
authorities and local self-government bodies;
11) the right to information in their own language;
12) the right to establish and maintain contacts with the citizens and
associations outside of Montenegro, with whom they have common
national and ethnic background, cultural and historic heritage, as well
as religious beliefs;
13) the right to establish councils for the protection and improvement of
special rights.
Prohibition of assimilation
Article 80
Forceful assimilation of the persons belonging to minority nations and other
minority national communities shall be prohibited.
The state shall protect the persons belonging to minority nations and other
minority national communities from all forms of forceful assimilation.
6. PROTECTOR OF HUMAN RIGHTS AND LIBERTIES
Article 81
The protector of human rights and liberties of Montenegro shall be independent
and autonomous authority that takes measures to protect human rights and liberties.
The protector of human rights and liberties shall exercise duties on the basis of the
Constitution, the law and the confirmed international agreements, observing also the
principles of justice and fairness.
The protector of human rights and liberties shall be appointed for the period of six
years and can be released from duty in cases prescribed by the law.
PART THREE
ORGANIZATION OF POWERS
- 1. PARLIAMENT OF MONTENEGRO
Responsibility
Article 82
The Parliament shall:
1) Adopt the Constitution;
2) Adopt laws;
3) Adopt other regulations and general acts (decisions, conclusions, resolutions,
declarations and recommendations);
4) Proclaim the state of war and the state of emergency;
5) Adopt the budget and the final statement of the budget;
6) Adopt the National security strategy and Defense strategy;
7) Adopt the Development plan and Spatial plan of Montenegro;
8) Decide on the use of units of the Army of Montenegro in the international
forces;
9) Regulate the state administration system;
10) Perform supervision of the army and security services;
11) Call for the national referendum;
12) Elect and dismiss from duty: the Prime Minister and members of the
Government;
13) Elect and dismiss from duty the President of the Supreme Court, the President
and the judges of the Constitutional Court;
14) Appoint and dismiss from duty: the Supreme State Prosecutor and State
Prosecutors, the Protector of human rights and liberties (Ombudsman), the
Governor of the Central Bank and members of the Council of the Central
Bank of Montenegro, the President and members of the Senate of the State
Audit Institution, and other officials stipulated by the law;
15) Decide on immunity rights;
16) Grant amnesty;
17) Confirm international agreements;
18) Announce public loans and decide on borrowing of Montenegro;
19) Decide on the use of state property above the value stipulated by the law;
20) Perform other duties stipulated by the Constitution or the law.
Composition of the Parliament
Article 83
The Parliament shall consist of the Members of the Parliament elected directly on
the basis of the general and equal electoral right and by secret ballot.
The Parliament shall have 81 Members.
Mandate of the Parliament
Article 84
The mandate of the Parliament shall last for four years.
The mandate of the parliament may cease prior to the expiry of the period for
which it was elected by dissolving it or reducing the mandate of the Parliament.
If the mandate of the Parliament expires during the state of war or the state of
emergency, the mandate shall be extended for the period of up to 90 days upon
termination of the circumstances that have caused such state.
At the proposal of the President of Montenegro, the Government or minimum 25
MP’s, the Parliament may reduce the duration of its mandate.
Rights and responsibilities of the Members of the Parliament
Article 85
Member of the Parliament shall decide and vote according to his/her own
conviction.
Member of the Parliament shall have the right to perform the duty of an MP as an
occupation.
Immunity
Article 86
Member of the Parliament shall enjoy immunity.
Member of the Parliament shall not be called to criminal or other account or
detained because of the expressed opinion or vote in the performance of his/her duty as a
Member of the Parliament.
No penal action shall be taken against and no detention shall be assigned to a
Member of the Parliament, without the consent of the Parliament, unless the Member has
been caught performing a criminal offense for which there is a prescribed sentence of
over five years of imprisonment.
The President of Montenegro, the Prime Minister and members of the
Government, the President of the Supreme Court, the President and the judges of the
Constitutional Court, and the Supreme State Prosecutor shall enjoy the same immunity as
the Member of the Parliament.
Cessation of mandate of the Member of the Parliament
Article 87
Mandate of a Member of the Parliament shall cease prior to the expiry of the
period for which he/she was elected:
1) By resignation;
2) If he/she was convicted by an enforceable decision of the court to an
unconditional imprisonment sentence of minimum six months;
3) If he/she was deprived of the ability to work by an enforceable decision;
4) Due to cessation of Montenegrin citizenship.
Constitution of the Parliament
Article 88
The first session of the newly elected composition of the Parliament shall be
called for by the Speaker of the previous composition of the Parliament and it shall be
held within 15 days from the date of publication of the final results of the elections.
Speaker and Deputy Speaker of the Parliament
Article 89
The Parliament shall have a Speaker and one or more Deputy Speakers, elected
from its own composition for the period of four years.
Speaker of the Parliament shall represent the Parliament, call for the sessions of
the Parliament and chair them, take care of the enforcement of the Rules of Procedure of
the Parliament, call for elections for the President of Montenegro and perform other
affairs stipulated by the Constitution, the law and the Rules of Procedure of the
Parliament.
The Deputy Speaker shall substitute the Speaker of the Parliament in the
performance of affairs when the Speaker is prevented to do so or when the Speaker
entrusts the Deputy Speaker the duty to substitute him.
Sessions of the Parliament
Article 90
The Parliament shall work in regular and extraordinary sessions.
Regular sessions shall be held twice a year.
The first regular session shall start on the first working day in March and shall last
until the end of July, and the second one shall start on the first working day in October
and shall last until the end of December.
Extraordinary session shall be called for at the request of the President of
Montenegro, the Government or minimum one third of the total number of Members of
the Parliament.
Decision-making
Article 91
The Parliament shall decide by majority vote of the present Members of the
Parliament in the session attended by over one half of the total number of Members,
unless otherwise regulated by the Constitution.
With the majority vote of the total number of Members the Parliament shall adopt
the laws that regulate: manner of exercise of liberties and rights of the citizens,
Montenegrin citizenship, referendum, material responsibilities of the citizens, state
symbols and use of state symbols, defense and security, the army, establishment, merger
and abolition of municipalities; proclaims the state of war and state of emergency; adopts
the spatial plan; adopts the Rules of Procedure of the Parliament; decides on calling for
the referendum; decide on the use of units of the Army of Montenegro in the international
forces; decides on the reduction of the mandate; decides on the removal of the President
of the Republic from office; elects and dismisses the Prime Minister and members of the
Government and decides on the trust in the Government; elects and dismisses the
President of the Supreme court, presidents and judges of the Constitutional court;
appoints and dismisses the Protector of human rights and liberties.
The Parliament shall decide with 2/3 majority of votes of all Members on the laws
that regulate the electoral system and property rights of foreign citizens.
In the first round with 2/3 majority, and in the second round, which can take place
no earlier than after three months, with the majority of all MP’s, the Parliament shall
decide on the laws that regulate the manner of exercise of acquired minority rights and
the use of Army units in the international forces.
Dissolution of Parliament
Article 92
The Parliament shall be dissolved if it fails to elect the Government within 90
days from the date when the President of Montenegro proposed for the first time the
candidate for the position of the Prime Minister.
Upon hearing the opinion of the Speaker of the Parliament and the presidents of
the caucuses in the Parliament, the Government may dissolve the Parliament if the
Parliament fails to perform the responsibilities stipulated by the Constitution for a longer
period of time.
The Parliament shall be dissolved by the Ordinance of the President of
Montenegro.
The Parliament shall not be dissolved during the state of war or state of
emergency, if the ballot procedure of no confidence in the Government has been initiated,
and in the first three months from its constitution and the three months prior to the expiry
of its mandate.
The President of Montenegro shall call for the elections the first day after the
dissolution of the Parliament.
Proposing laws and other acts
Article 93
The right to propose laws and other acts shall be granted to the Government and
the Member of the Parliament.
The right to propose laws shall also be granted to six thousand voters, through the
Member of the Parliament they authorized.
The proposal to call for the national referendum may be submitted by: 25
Members of the Parliament, the President of Montenegro, the Government or minimum
10% of the citizens with the right to vote.
Proclamation of laws
Article 94
The President of Montenegro shall proclaim the law within seven days from the
day of adoption of the law, that is, within three days if the law has been adopted under a
speedy procedure or send the law back to the Parliament for new decision-making
process.
The President of Montenegro shall proclaim the re-adopted law.
- 2. PRESIDENT OF MONTENEGRO
Responsibility
Article 95
The President of Montenegro:
1) Represents Montenegro in the country and abroad;
2) Commands over the Army on the basis of the decisions of the Defense and
Security Council;
3) Proclaims laws by Ordinance;
4) Calls for the elections for the Parliament
5) Proposes to the Parliament: candidate for the Prime Minister, after
consultations with the representatives of the political parties represented in the
Parliament; President and judges of the Constitutional Court; and the Protector of human
rights and liberties;
6) Appoints and revokes ambassadors and heads of other diplomatic missions of
Montenegro abroad, at the proposal of the Government and after obtaining the opinion of
the Parliamentary Committee responsible for international relations;
7) Accepts letters of accreditation and revocation of the foreign diplomats;
8) Awards medals and honors of Montenegro;
9) Grants amnesty;
10) Performs other tasks stipulated by the Constitution or the law.
Election
Article 96
The President of Montenegro shall be elected on the basis of a general and equal
electoral right, through direct and secret ballot.
A Montenegrin citizen residing in Montenegro for minimum 10 years in the past
15 years may be elected for the President of Montenegro.
The Speaker of the Parliament shall call for the elections for the President of
Montenegro.
Mandate
Article 97
The President of Montenegro shall be elected for the period of five years.
The same person may be elected the President of Montenegro maximum two
times.
The President of Montenegro shall assume the duty on the date of taking an oath
before the Members of the Parliament.
If the mandate of the President expires during the state of war or the state of
emergency, the mandate shall be extended for maximum 90 days after the end of
circumstances that have caused that state.
The President of Montenegro shall not perform any other public duty.
Cessation of mandate
Article 98
The mandate of the President of Montenegro shall end with the expiry of time for
which he/she was elected, by resignation, if he/she is permanently unable to perform the
duty of the President and by impeachment.
The President shall be held responsible for the violation of the Constitution.
The procedure to determine whether the President of Montenegro has violated the
Constitution shall be initiated by the Parliament, at the proposal of minimum 25 Members
of the Parliament.
The Parliament shall submit the proposal to initiate the procedure to the President
of Montenegro for plead.
The Constitutional Court shall decide on existence or non-existence of violation
of the Constitution and shall publish the decision and submit it to the Parliament and the
President of Montenegro without delay.
The Parliament may impeach the President of Montenegro when the
Constitutional Court finds that he/she has violated the Constitution.
Discharge of duties in case of impediment or cessation of mandate
Article 99
In case of cessation of mandate of the President of Montenegro, until the election
of the new President, as well as in the case of temporary impediment of the President to
discharge his/her duties, the Speaker of the Parliament shall discharge this duty.
- 3. GOVERNMENT OF MONTENEGRO
Responsibility
Article 100
The Government shall:
1) Manage internal and foreign policy of Montenegro;
2) Enforce laws, other regulations and general acts;
3) Adopt decrees, decisions and other acts for the enforcement of laws;
4) Sign international agreements;
5) Propose the Development plan and Spatial plan of Montenegro;
6) Propose the Budget and the Final Statement of the Budget;
7) Propose the National Security Strategy and Defense Strategy;
8) Decide on the recognition of states and establishment of diplomatic and
consular relations with other states;
9) Nominate ambassadors and heads of diplomatic missions of Montenegro
abroad;
10) Perform other tasks stipulated by the Constitution or the law.
Decrees with legal power
Article 101
During the state of war or the state of emergency, the Government may adopt
decrees with legal power, if the Parliament is not able to meet.
The Government shall submit the decrees with legal power to the Parliament for
confirmation as soon as the Parliament is able to meet.
Composition of the Government
Article 102
The Government shall consist of the Prime Minister, one or more Deputy Prime
Ministers and the ministers.
The Prime Minister represents the Government and manages its work.
Election
Article 103
The President of Montenegro proposes the mandator within 30 days from the day
of constitution of the Parliament.
The candidate for the position of the Prime Minister presents to the Parliament
his/her program and proposes composition of the Government.
The Parliament shall decide simultaneously on the program of the mandator and
the proposal for the composition of the Government.
Incompatibility of duties
Article 104
The Prime Minister and the member of the Government shall not discharge duties
of a Member of the Parliament or other public duties or professionally perform some
other activity.
Resignation and impeachment
Article 105
The Government and the member of the Government may resign from duty.
Resignation of the Prime Minister shall be considered the resignation of the
Government.
The Prime Minister may propose to the Parliament to impeach a member of the
Government.
Issue of confidence
Article 106
The Government may raise the issue of confidence in it before the Parliament.
Issue of no confidence
Article 107
The Parliament may vote no confidence in the Government.
The proposal for no confidence ballot regarding the Government may be
submitted by minimum 27 Members of the Parliament.
If the Government gained confidence, the signatories of the proposal shall not
submit a new proposal for no confidence ballot prior to the expiry of the 90 days
deadline.
Interpellation
Article 108
The interpellation to examine certain issues regarding the work of the
Government may be submitted by minimum 27 Members of the Parliament.
The interpellation shall be submitted in written form and shall be justified.
The Government shall submit an answer within thirty days from the date of
receipt of interpellation.
Parliamentary investigation
Article 109
The Parliament may, at the proposal of minimum 27 Members of the Parliament,
establish a Fact-finding Commission in order to collect information and facts about the
events related to the work of the state authorities.
Cessation of mandate
Article 110
The Government mandate shall cease: with the expiry of the Parliament mandate,
by resignation, when it loses confidence and if it fails to propose the Budget by March 31
of the budgetary year.
The Government whose mandate has ceased shall continue with its work until the
election of the new composition of the Government.
The Government whose mandate has ceased shall not dissolve the Parliament.
Civil service
Article 111
The duties of the civil service shall be discharged by the ministries and other
administrative authorities.
Delegation and entrusting of duties
Article 112
Individual duties of the civil service may be delegated to the local selfgovernment
or some other legal entity by the law.
Individual duties of the civil service may be entrusted to the local self-government
or some other legal entity by the regulation of the Government.
4. LOCAL SELF-GOVERNMENT
Manner of decision-making
Article 113
In the local self-government the decisions shall be made directly and through the
freely elected representatives.
The right to local self-government shall incorporate the right of the citizens and
local self-government authorities to regulate and manage specific public and other affairs
on the basis of their own responsibility and in the interest of the local population.
Form of local self-government
Article 114
The basic form of the local self-government shall be the municipality.
It shall also be possible to establish other forms of local self-government.
Municipality
Article 115
The municipality shall have the status of a legal entity.
Municipality shall adopt the Statute and General Acts.
Authorities of the municipality shall be the Assembly and the President.
Property-related powers and financing
Article 116
The Municipality shall exercise certain property related powers over the state
owned assets in accordance with the law.
The Municipality shall have its own property.
The Municipality shall be financed from its own resources and the assets of the
state.
The Municipality shall have a budget.
Autonomy
Article 117
The Municipality shall be autonomous in the performance of its duties.
The Government may dismiss the municipal Assembly, that is, discharge the
President of the municipality from duty, only if the municipal assembly, that is, the
President of the municipality, fails to perform the duties thereof for a period longer than
six months.
5. THE COURT
Principles of the judiciary
Article 118
The court is autonomous and independent.
The court shall rule on the basis of the Constitution, laws and confirmed and
published international agreements.
Establishment of court marshal and extraordinary courts shall be prohibited.
Panel of judges
Article 119
The court shall rule in panel, except when the law stipulates that an individual
judge shall rule.
Lay-judges shall also participate in the trial in cases stipulated by the law.
Publicity of trial
Article 120
The hearing before the court shall be public and the ruling shall be pronounced
publicly.
Exceptionally, the court may exclude the public from the hearing or one part of
the hearing for the reasons necessary in a democratic society, only to the extent
necessary: in the interest of morality; public order; when minors are trialed; in order to
protect private life of the parties; in marital disputes; in the proceedings related to
guardianship or adoption; in order to protect military, business or official secret; and for
the protection of security and defense of Montenegro.
Standing duty
Article 121
The judicial duty shall be permanent.
The duty of a judge shall cease at his/her own request, when he/she fulfills the
requirements for age pension and if the judge has been sentenced to an unconditional
imprisonment sentence.
The judge shall be released from duty if he/she has been convicted of an act that
makes him/her unworthy of the judicial duty, if he/she performs the judicial duty in an
unprofessional or negligent manner or loses permanently the ability to perform the
judicial duty.
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.
Functional immunity
Article 122
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.
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.
Incompatibility of duties
Article 123
The judge shall not discharge duties of a Member of the Parliament or other
public duties or professionally perform some other activity.
Supreme Court
Article 124
The Supreme Court shall be the highest court in Montenegro.
The Supreme Court shall secure unified enforcement of laws by the courts.
The President of the Supreme Court shall be elected and dismissed from duty by
the Parliament at the joint proposal of the President of Montenegro, the Speaker of the
Parliament and the Prime Minister.
If the proposal for the election of the President of the Supreme Court fails to be
submitted within 30 days, the President of the Supreme Court shall be elected at the
proposal of the responsible working body of the Parliament.
Election of judges
Article 125
A Judge and a president of the court shall be elected and dismissed from duty by
the Judicial Council.
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.
Judicial Council
Article 126
The Judicial Council shall be autonomous and independent authority that secures
autonomy and independence of the courts and the judges.
Composition of the Judicial Council
Article 127
The Judicial Council shall have the president and nine members.
The President of the Judicial Council shall be the President of the Supreme Court.
Members of the Judicial Council shall be as follows:
1) four judges elected and dismissed from duty by the Conference of Judges;
2) two Members of the Parliament elected and dismissed from duty by the
Parliament from amongst the parliamentary majority and the opposition;
3) two renowned lawyers elected and dismissed from duty by the President of
Montenegro;
4) the Minister of Justice.
The President of Montenegro shall proclaim the composition of the Judicial
Council.
The mandate of the Judicial Council shall be four years.
Responsibility of the Judicial Council
Article 128
The Judicial Council shall:
1) elect and dismiss from duty a judge, a president of a court and a lay judge;
2) establish the cessation of the judicial duty;
3) determine number of judges and lay judges in a court;
4) deliberate on the activity report of the court, applications and complaints
regarding the work of court and take a standpoint with regard to them;
5) decide on the immunity of a judge;
6) propose to the Government the amount of funds for the work of courts;
7) perform other duties stipulated by the law.
The Judicial Council shall decide by majority vote of all its members.
In the procedures related to disciplinary responsibility of the judges, the Minister
of Justice shall not vote.
6. ARMY OF MONTENEGRO
Principles
Article 129
The Army shall defend independence, sovereignty and state territory of
Montenegro, in accordance with the principles of international law regarding the use of
force.
The Army shall be subject to democratic and civil control.
The members of the Army may be part of the international forces.
7. DEFENSE AND SECURITY COUNCIL
Responsibility
Article 130
The Defense and Security Council shall:
1) Adopt the decisions regarding the command over the Army;
2) Analyze and assess the security situation in Montenegro and decide to take
adequate measures;
3) Appoint, promote and discharge from duty the Army officers;
4) Propose to the Parliament proclamation of the state of war and state of
emergency;
5) Propose the use of Army in international forces;
6) Perform other duties stipulated by the Constitution and the law.
Composition
Article 131
The Defense and Security Council of Montenegro shall consist of the President of
Montenegro, the Speaker of the Parliament and the Prime Minister.
The President of Montenegro shall act as the President of the Defense ad Security
Council.
Proclamation of the state of war
Article 132
The state of war shall be proclaimed when there is direct danger of war for
Montenegro, when Montenegro is attacked or war is declared against it.
If the Parliament is not able to meet, the Defense and Security Council shall adopt
the decision to proclaim the state of war and submit it to the Parliament for confirmation
as soon as the Parliament is able to meet.
Proclamation of the state of emergency
Article 133
The state of emergency may be proclaimed in the territory or part of the territory
of Montenegro in case of the following:
1) Big natural disasters;
2) Technical-technological and environmental accidents and epidemics;
3) Greater disruption of public peace and order;
4) Violation or attempt to abolish the constitutional order.
If the Parliament is not able to meet, the Defense and Security Council shall adopt
the decision to proclaim the state of emergency and submit it to the Parliament for
confirmation as soon as it is able to meet.
The state of emergency shall last until the circumstances that have caused it have
ceased to exist.
8. STATE PROSECUTION
Status and responsibility
Article 134
The State Prosecution shall be a unique and independent state authority that
performs the affairs of prosecution of the perpetrators of criminal offenses and other
punishable acts who are prosecuted ex officio.
Appointment and mandate
Article 135
The affairs of the State Prosecution shall be preformed by the State Prosecutor.
The State Prosecutor shall have one or more deputies.
The Supreme State Prosecutor and state prosecutors shall be appointed and
dismissed from duty by the Parliament.
The Supreme State Prosecutor and state prosecutors shall be appointed for the
period of five years.
Council of Prosecutors
Article 136
The Council of Prosecutors shall secure the independence of the state prosecution
and the state prosecutors.
The Council of Prosecutors shall be elected and dismissed from duty by the
Parliament.
The election, mandate, responsibilities, organization and manner of work of the
Council of Prosecutors shall be regulated by the law.
Functional immunity
Article 137
State Prosecutor and Deputy State Prosecutor shall enjoy functional immunity and
shall not be held responsible for the expressed opinion or decision made in the
performance of the duties thereof, unless this represents a criminal offense.
Incompatibility of duties
Article 138
State Prosecutor and Deputy State Prosecutor shall not discharge duties of a
Member of the Parliament or other public duties or professionally perform some other
activity.
PART FOUR
ECONOMIC SYSTEM
Principles
Article 139
Economic system shall be based on a free and open market, freedom of
entrepreneurship and competition, independence of the economic entities and their
responsibility for the obligations accepted in the legal undertakings, protection and
equality of all forms of property.
Economic area and equality
Article 140
The territory of Montenegro shall represent a unique (unified) economic area.
The state shall encourage balanced economic development of all of its areas.
It shall be prohibited to obstruct and limit free competition and to encourage
unequal, monopolistic or dominant position in the market.
State property
Article 141
Assets in state property shall belong to the state of Montenegro.
Tax obligation
Article 142
The state shall be financed from taxes, duties and other revenues.
Every one shall pay taxes and other duties.
Taxes and other duties shall be introduced exclusively by the law.
Central Bank of Montenegro
Article 143
The Central Bank of Montenegro shall be an independent organization,
responsible for monetary and financial stability and banking system operations.
The Central Bank Council shall govern the Central Bank of Montenegro.
The Central Bank Governor shall manage the Central Bank of Montenegro.
National Audit Institution
Article 144
The National Audit Institution of Montenegro shall be an independent and
supreme authority of the national audit.
The National Audit Institution shall audit the legality of and success in the
management of state assets and liabilities, budgets and all the financial affairs of the
entities whose sources of finance are public or created through the use of state property.
The National Audit Institution shall submit an annual report to the Parliament.
The Senate shall mange the National Audit Institution.
PART FIVE
CONSTITUTIONALITY AND LEGALITY
Conformity of legal regulations
Article 145
The law shall be in conformity with the Constitution and confirmed international
agreements, and other regulations shall be in conformity with the Constitution and the
law.
Publication and coming into effect of the regulations
Article 146
The law and other regulation shall be published prior to coming into effect, and
shall come into effect no sooner than the eighth day from the day of publication thereof.
Exceptionally, when the reasons for such action exist and have been established in
the adoption procedure, law and other regulation may come into effect no sooner than the
date of publication thereof.
Prohibition of ex posto facto effect (retroactive effect)
Article 147
Law and other regulation shall not have retroactive effect.
Exceptionally, if required so by the public interest established in the process of
law adoption, individual provisions of the law may have retroactive effect.
Provision of the Criminal code may have retroactive effect only if it is more
lenient for the perpetrator of a criminal offense.
Legality of individual acts
Article 148
Individual legal act shall be in conformity with the law.
Final individual legal act shall enjoy court protection.
PART SIX
CONSTITUTIONAL COURT OF MONTENEGRO
Responsibility
Article 149
The Constitutional Court shall decide on the following:
1) Conformity of laws with the Constitution and confirmed and published
international agreements;
2) Conformity of other regulations and general acts with the Constitution and the
law;
3) Constitutional appeal due to the violation of human rights and liberties granted
by the Constitution, after all the effective legal remedies have been exhausted;
4) Whether the President of Montenegro has violated the Constitution,
5) The conflict of responsibilities between courts and other state authorities,
between state authorities and local self-government authorities, and between the
authorities of the local self-government units;
6) Prohibition of work of a political party or a non-governmental organization;
7) Electoral disputes and disputes related to the referendum, which are not the
responsibility of other courts;
8) Conformity with the Constitution of the measures and actions of state
authorities taken during the state of war or the state of emergency;
9) Performs other tasks stipulated by the Constitution.
If the regulation ceased to be valid during the procedure for the assessment of
constitutionality and legality, and the consequences of its enforcement have not been
recovered, the Constitutional Court shall establish whether that regulation was in
conformity with the Constitution, that is, with the law during its period of validity.
The Constitutional Court shall monitor the enforcement of constitutionality and
legality and shall inform the Parliament about the noted cases of unconstitutionality and
illegality.
Initiation of the procedure to assess constitutionality and legality
Article 150
Any person may file an initiative to start the procedure for the assessment of
constitutionality and legality.
The procedure before the Constitutional Court for the assessment of
constitutionality and legality may be initiated by the court, other state authority, local
self-government authority and five Members of the Parliament.
The Constitutional Court itself may also initiate the procedure for the assessment
of constitutionality and legality.
During the procedure, the Constitutional Court may order to stop the enforcement
of an individual act or actions that have been taken on the basis of the law, other
regulation or general act, the constitutionality, i.e. legality of which is being assessed, if
the enforcement thereof could cause irreparable damage.
Decision of the Constitutional Court
Article 151
The Constitutional Court shall decide by majority vote of all judges.
The decision of the Constitutional Court shall be published.
The decision of the Constitutional Court shall be generally binding and
enforceable.
When necessary, the Government shall secure the enforcement of the decision of
the Constitutional Court.
Cessation of validity of a regulation
Article 152
When the Constitutional Court establishes that the law is not in conformity with
the Constitution and confirmed and published international agreements, that is, that other
regulation is not in conformity with the Constitution and the law, that law and other
regulation shall cease to be valid on the date of publication of the decision of the
Constitutional Court.
The law or other regulation, i.e. their individual provisions that were found
inconsistent with the Constitution or the law by the decision of the Constitutional Court,
shall not be applied to the relations that have occurred prior to the publication of the
Constitutional Court decision, if they have not been solved by an absolute ruling by that
date.
Composition and election
Article 153
The Constitutional Court shall have seven judges.
The Constitutional Court judge shall be elected for the period of nine years.
The President of the Constitutional Court shall be elected from amongst the
judges for the period of three years.
The person enjoying reputation of a renowned legal exert, with minimum 15 years
of experience in this profession may be elected to the position of the Constitutional Court
judge.
The President and the judge of the Constitutional Court shall not discharge duties
of a Member of the Parliament or other public duties or professionally perform some
other activity.
Cessation of duty
Article 154
The duty of the President and the judge of the Constitutional Court shall cease
prior to the expiry of the period for which he/she was elected, at his/her own request,
when he/she fulfills the requirements for age pension or if he/she was sentenced to an
unconditional imprisonment sentence.
The President and the judge of the Constitutional Court shall be released from
duty if he/she has been found guilty of an offense that makes him/her unworthy of the
duty, if he/she permanently loses the ability to perform the duty or if he/she expresses
publicly his/her political convictions.
The Constitutional Court shall establish the emergence of reasons for cessation of
duty or release from duty, in its session and shall inform the Parliament of that case.
The Constitutional Court may decide that the President or the judge of the
Constitutional Court that penal action has been initiated against shall not perform the
duty for the period of duration of that action.
PART SEVEN
CHANGE OF THE CONSTITUTION
Proposal for the change of the constitution
Article 155
The proposal to change the Constitution may be submitted by the President of
Montenegro, the Government or minimum 25 Members of the Parliament.
With the Proposal to change the Constitution it may be proposed to change or
amend individual provisions of the Constitution or to adopt the new Constitution.
The Proposal to change individual provisions of the Constitution shall contain the
indication of the provisions for which change is demanded and the justification.
The Proposal to change the Constitution shall be adopted in the Parliament if two
thirds of the total number of Members of the Parliament vote in favor of it.
If the proposal to change the Constitution has not been adopted, the same proposal
shall not be repeated prior to the expiry of one year from the day when the proposal was
rejected.
Act on the change of the Constitution
Article 156
Change of the individual provisions of the Constitution shall be made through
amendments.
Draft act on the change of the Constitution shall be prepared by the responsible
working body of the Parliament.
Draft act on the change of the Constitution shall be adopted in the Parliament if
two thirds of all the Members of the Parliaments vote in favor of it.
The Parliament shall submit the adopted Draft act on the change of the
Constitution for public hearing, which shall not last less than one month.
After the end of the public hearing, the responsible working body of the
Parliament shall define the Proposal of the act on the change of the Constitution.
The act on the change of the Constitution shall be adopted in the Parliament if two
thirds of all the Members of the Parliament vote in favor of it.
Change of the Constitution shall not take place during the state of war and the
state of emergency.
Confirmation in the referendum
Article 157
Change of Articles 1, 2, 3, 4, 12, 13, 15, 45 and 157 shall be final if minimum
three fifths of the total number of voters support the change in the national referendum.
PART EIGHT
TRANSITIONAL AND FINAL PROVISION
Constitutional law for the enforcement of the Constitution
Article 158
The Constitutional Law shall be adopted for the enforcement of the Constitution.
The Constitutional Law for the enforcement of the Constitution shall be adopted
by the Parliament with a majority vote of all the Members of the Parliament.
The Constitutional Law shall be proclaimed and shall come into effect
concurrently with the Constitution.
SU-SK Ref. no. 01-514/12
In Podgorica, October 19, 2007.
CONSTITUTIONAL PARLIAMENT OF THE REPUBLIC OF MONTENEGRO
SPEAKER,
Ranko Krivokapic
—
Pursuant to Article 82 paragraph 1 item 1 and Article 156 paragraphs 1
and 6 of the Constitution of Montenegro, the Parliament of Montenegro – 25th
Parliamentary Term, at the 12th sitting of the first ordinary (spring) session in
2013, held on 31 July 2013 adopted
AMENDMENTS I TO XVI TO THE CONSTITUTION OF MONTENEGRO
Amendments I to XVI make an integrated part of the Constitution of Montenegro
and shall enter into force as of the day of their promulgation.
AMENDMENT I
No one may be punished for an act which, prior to being committed, was not
stipulated by law or a regulation based on the law as a punishable act, or pronounced a
punishment that was not stipulated for such act.
Criminal acts and criminal sanctions may be prescribed solely by a law.
This Amendment shall replace Article 33 of the Constitution of Montenegro.
AMENDMENT II
More lenient regulation
Criminal and other punishable acts shall be established and relevant penalties
imposed in accordance with the law or regulation valid at the time when the act is
committed, unless the new law or regulation is more lenient for the perpetrator.
This Amendment shall replace the title of Article 34 and Article 34 of the
Constitution of Montenegro.
AMENDMENT III
13) elect and release from duty the judges of the Constitutional Court,
Supreme State Prosecutor and four members of the Judicial Council out of reputable
lawyers;
14) appoint and release from duty: the Protector of Human Rights and
Liberties; the Governor of the Central Bank and members of the Council of the Central Bank of Montenegro; president and members of the Senate of the State
Audit Institution and other officials as defined by the law;
This amendment replaces items 13 and 14 of Article 82 of the Constitution of
Montenegro.
AMENDMENT IV
With majority vote of all its Members, the Parliament shall adopt laws
regulating the following: manner of exercising liberties and rights of citizens,
Montenegrin citizenship, referendum, material responsibilities of citizens, state
symbols and use and application of state symbols, defence and security, army;
founding, merger and abolition of municipalities; and shall proclaim state of war
and state of emergency; adopt spatial plans; pass the Rules of Procedure of the
Parliament; make decisions regarding the calling for state referendum; make
decisions on reducing terms of office; make decisions on releasing the president
of Montenegro from duty; elect and release Prime Minister and members of the
Government from duty and make decisions on confidence in the Government;
appoint and release the Protector of Human Rights and Liberties from duty.
The Parliament shall elect and release from duty the judges of the
Constitutional Court, the Supreme State Prosecutor and four members of the
Judicial Council from among reputable lawyers by two-third majority vote in the
first voting and by three-fifth majority in the second voting of all the Members of
the Parliament no sooner than a month.
In the first voting the Parliament shall elect the Supreme State Prosecutor
at proposal of the Prosecution Council. If the proposed candidate is not
supported by the required majority, in the second voting the Parliament shall
elect the Supreme State Prosecutor from among all the candidates that meet the
legal requirements.
This Amendment shall replace Article 91 paragraph 2 and supplement
Article 91 of the Constitution of Montenegro.
AMENDMENT V
5) propose to the Parliament: the Prime Minister-Designate for composition
of the Government after the completion of the discussions with the
representatives of political parties represented in the Parliament; two judges of
the Constitutional Court and the Protector of Human rights and Liberties;
This Amendment replaces Article 95 item 5 of the Constitution of Montenegro.
AMENDMENT VI
5. JUDICIARY
This Amendment replaces the title of the section 5. “COURT” in Part 3 –
Regulation of authorities
AMENDMENT VII
Supreme Court shall ensure uniform application of laws by courts and perform
other activities prescribed by law.
The President of the Supreme Court shall be elected and released from duty by
two-third majority of the Judicial Council, at proposal of the Supreme Court General
Bench.
The President of the Supreme Court shall be elected for the period of five years.
The same person may be elected the president of the Supreme Court no more
than two times.
This Amendment replaces Article 124 paragraphs 2, 3 and 4 and supplements
Article 124 of the Constitution of Montenegro.
AMENDMENT VIII
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.
This Amendment shall replace the Article 127 of the Constitution of Montenegro.
AMENDMENT IX
The Judicial Council shall:
1) elect and release from duty the president of the Supreme Court;
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
judge;
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.
This Amendment shall replace the Article 128 of the Constitution of Montenegro.
AMENDMENT X
The affairs of the State Prosecution shall be carried out by the heads of the state
prosecution offices and state prosecutors.
The Supreme State Prosecutor shall be elected and released from duty by the
Parliament of Montenegro after the hearing with the competent working body of the
Parliament, at proposal of the Prosecution Council, upon the announced public
invitation.
The Supreme State Prosecutor and the heads of state prosecution offices shall
be elected for the period of five years.
The function of the state prosecutor is permanent. Exceptionally, the person that
is elected the state prosecutor for the first time shall be elected for the period of four
years.The term of office of the head of the state prosecution office and the state
prosecutor shall cease or the same shall be released from duty in the cases and
according to the procedure as defined by the law.
The head of the state prosecution office and the state prosecutor shall be
released from duty if they are convicted to effective prison term by the final and binding
judgment.
This Amendment shall replace the Article 135 of the Constitution of Montenegro.
AMENDMENT XI
The Prosecution Council shall ensure the autonomy of the state prosecution.
The Supreme State Prosecutor shall chair the Prosecution Council except in a
disciplinary proceeding.
The composition, election, mandate, organisation and manner of work of the
Prosecution Council shall be regulated by law.
The Prosecution Council shall:
1) establish the proposal for the election of the Supreme State Prosecutor;
2) elect and release from the duty the heads of the state prosecution offices and
state prosecutors;
3) establish the termination of the function of the heads of state prosecution
offices and state prosecutors;
4) propose to the Government the amount of funds for the work of the state
prosecution;
5) submit the Report on Performance of the State Prosecution to the Parliament;
6) perform other activities as defined by the law.
The Prosecution Council shall make decisions by majority vote of all its
members.
This Amendment shall replace the Article 136 of the Constitution of Montenegro.
AMENDMENT XII
The head of the state prosecution office and the state prosecutor shall enjoy
functional immunity and may not be invited to account for an opinion given or a decision
made in performing their duties, except in the case of a criminal act.
This Amendment shall replace the Article 137 of the Constitution of Montenegro.
AMENDMENT XIII
The head of the state prosecution office and the state prosecutor may not
perform the duty of a Member of the Parliament or other public duty or professionally be
engaged in any other activity.
This Amendment shall replace the Article 138 of the Constitution of Montenegro.
AMENDMENT XIV
The President and members of the Senate of the State Audit Institution shall
enjoy functional immunity and may not be invited to account for an opinion given or a
decision made in performing their duties, except in the case of a criminal act.
This Amendment supplements Article 144 of the Constitution of Montenegro.
AMENDMENT XV
The Constitutional Court shall decide in respect of a constitutional appeal by a
council consisting of three judges. The Council may make only unanimous decisions by
all its members. If the Council may not achieve a unanimous decision, the constitutional
appeal shall be decided upon by the Constitutional Court in accordance with paragraph
1 of this Article.
This Amendment supplements Article 151 of the Constitution of Montenegro.
AMENDMENT XVI
The Constitutional Court shall have seven judges.
The Judge of the Constitutional Court shall be elected for the period of 12
years.
The judges of the Constitutional Court shall be elected and released from duty by
the Parliament, as follows: two judges at proposal of the President of Montenegro and
five judges at proposal of the competent working body of the Parliament upon the
announced public invitation carried out by the proposing parties.
The judge of the Constitutional Court shall be elected from among reputable
lawyers who have turned at least 40 years of age and have 15 years of service in the
legal profession.
Judges of the Constitutional Court shall elect from among their composition the
president of the Constitutional Court for the period of three years.
The same person may be elected the president or judge of the Constitutional
Court only once.
The president and judge of the Constitutional Court may not perform the duty of a
Member of the Parliament or other public duty or professionally be engaged in any other
activity.
This Amendment shall replace Article 153 of the Constitution of Montenegro.
Number: 00-13/13-1/10
EPA: 224 XXV
Podgorica, 31 July 2013
P A R L I A M E N T O F M O N T E N E G R O – 25TH PARLIAMENTARY TERM
PRESIDENT
Ranko Krivokapić
—
Based on Article 82 paragraph 1 item 2 and Article 158 of the Constitution of
Montenegro, the Parliament of Montenegro, 25th Parliamentary Term, at the 12th sitting
of the first regular (spring) session in 2013, held on 31 July 2013 adopted
CONSTITUTIONAL LAW ON IMPLEMENTATION OF AMENDMENTS I TO XVI TO
THE CONSTITUTION OF MONTENEGRO
Article 1
Amendments to the Constitution of Montenegro (hereinafter referred to as
Amendments) shall be applied as of the day they are promulgated by the Parliament of
Montenegro, unless otherwise determined by this Law in respect of application of
specific amendments.
Article 2
The Law on Judicial Council shall be harmonised with the Amendments within 45
days from the day this Law enters into force.
Public invitation for election of all the members of the Judicial Council shall be
announced within 30 days from the day of harmonisation of the regulations referred to in
paragraph 1 of this Article.
The election of the President of the Supreme Court shall be carried out within 30
days from the day of constituting the Judiciary Council.
Article 3
The Law on Courts shall be harmonised with the Amendments within 45 days
from the day this Law enters into force.
Article 4
The Law on State Prosecution shall be harmonised with the Amendments within
45 days from the day this Law enters into force.
Public invitation for election of the Supreme State Prosecutor shall be announced
within 30 days from the day of harmonising the regulation referred to in paragraph 1 of this Article, and proposal for election of the Supreme State Prosecutor shall be
delivered to the Parliament within 10 days from the day the validity term of public
invitation expires.
Article 5
The Law on Constitutional Court of Montenegro shall be harmonised with the
Amendments within 45 days from the day this Law enters into force.
The public invitation for election of all judges of the Constitutional Court shall be
announced within 30 days from the day of harmonising of the regulation referred to in
paragraph 1 of this Article.
Article 6
Other laws and regulations shall be harmonised with the Amendments within 90
days from the day this Law enters into force, and regulations for enforcement of the
laws within the deadlines established by such laws.
Article 7
The laws and other regulations shall remain in force until they have been
harmonised with the Amendments within the deadlines specified by this Law.
Article 8
The laws that are to be harmonised with the Amendments shall incorporate a
provision on proportional representation of the members of minority national
communities in courts, the State Prosecution and the Constitutional Court, in
accordance with the law.
Article 9
This Law shall enter into force on the day of its promulgation.
Number: 00-12/13-1/4
EPA: 254
Podgorica, 31 July 2013
PARLIAMENT OF MONTENEGRO – 25TH PARLIAMENTARY TERM
PRESIDENT
Ranko Krivokapić
Source: Official website of the Parliament of Montenegro
In: www.skupstina.me
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