C O N
S T I T U T I O N
OF THE REPUBLIC OF MONTENEGRO |
- PART ONE -
BASIC PROVISIONS
|
Article 1
STATE
Montenegro is a democratic, social and ecological state. Montenegro is a republic.
Montenegro is the member of the Federal Republic of Yugoslavia.
Article 2
SOVEREIGNTY
Montenegro shall be sovereign in all matters which it has not conferred on to the
jurisdiction of the Federal Republic of Yugoslavia. Sovereignty is vested in all the
citizens of the Republic of Montenegro. Citizens shall exercise their sovereignty directly
and through their freely elected representatives. Any change in the status of the country,
change of the form of government and any change of frontiers shall be decided upon only by
citizens in a referendum.
Article 3
DEMOCRACY
No authority shall be either established or recognised which does not result from the
freely expressed will of citizens.
Article 4
RULE OF LAW
The state is founded on the rule of law. The government shall be in conformity with the
Constitution and Law.
Article 5
DIVISION OF POWER
The government of Montenegro shall be arranged according to the rule of the division of
power into the legislative, executive and judicial. Legislative power is vested in the
Assembly, the executive power in the Government and the judicial in the courts of law.
Montenegro shall be represented by the President of the Republic. Constitutionality and
legality shall be protected by theConstitutional Court.
Article 6
THE STATE SYMBOLS
Montenegro shall have a coat of arms, a flag and a national anthem.
Article 7
THE CAPITAL CITY AND ADMINISTRATIVE CENTRE
The administrative centre of Montenegro shall be Podgorica. The capital city of Montenegro
shall be Cetinje.
Article 8
TERRITORY
The territory of Montenegro shall be a single and inalienable territory. Montenegro shall
be organised in territorial units - municipalities.
Article 9
LANGUAGE AND ALPHABET
In Montenegro Serbian language of the iekavian dialect will be the official language.
Cyrillic and Latin alphabets shall be deemed to be equal. In the municipalities in which
the majority or a substantial number of population consists of the national minorities and
ethnic groups, their respective languages and alphabets shall be in the official use.
Article 10
CITIZENSHIP
Montenegro shall confer Montenegrin citizenship on its citizens. No person may be deprived
of the Montenegrin citizenship nor of the right to change the citizenship.
Article 11
RELIGION
The Orthodox Church, Islamic religious community, the Roman Catholic Church and other
faiths shall be separate from the state. All the faiths shall be deemed to be equal and
free in the performance of their religious rites and affairs. All the religious
denominations will independently arrange their interior organisation and religious affairs
within the legal set-up. The state shall offer material assistance to religious
denominations.
Article 12
LEGISLATURE
The law shall prescribe and regulate the following, in accordance with the Constitution:
1) Manner in which rights and freedoms shall be exercised if this is necessary for
their exercise;
2) Manner of establishing, organising and competence of the state authorities and
the procedure before the authorities if this is necessary for their proper functioning;
3) The system of the local self-government; 4) Other matter of interest for the
Republic.
Article 13
LIMITS OF FREEDOM
In Montenegro everything shall be deemed to be free if not prohibited by law. Everyone is
obliged to uphold the Constitution and the law. Public officials must consciously and
honestly perform their duties and shall be held responsible for their performance.
- PART TWO -
FREEDOMS
AND RIGHTS
|
Article 14
BASIC PROVISIONS
Freedoms and rights shall be exercised in accordance with the Constitution.
Article 15
FREEDOM AND EQUALITY
All citizens are free and equal regardless of any particularities and/or other personal
attributes. Everyone shall be equal before the law.
Article 16
INVIOLABILITY
Freedoms and rights are inviolable. Everyone is obliged to respect freedom and rights of
other. Any abuse of the freedom and rights shall be deemed to be unconstitutional and
shall be punishable according to law.
Article 17
PROTECTION
Everyone is entitled to an equal protection of his freedoms and rights in the procedure
prescribed by law. RIGHT OF APPEAL Everyone is guaranteed the right to an appeal or some
other legal remedy against the decisions deciding on his rights or interests based on the
law.
Article 18
LEGAL ASSISTANCE
Everyone shall have the right to legal assistance. Legal assistance shall be offered by
the Bar Association, as an independent service and by other legal services.
Article 19
ENVIRONMENT
Everyone shall have the right to a healthy environment and shall be entitled to a timely
and complete information on its state. Everyone has the duty to preserve and promote the
environment.
1. Personal Freedoms and Rights
Article 20
PERSONAL INVIOLABILITY
Physical and psychological integrity of a man, his privacy and personal rights are
inviolable. Dignity and safety of a man are inviolable.
Article 21
CAPITAL PUNISHMENT
Human life is inviolable. The capital punishment may be ruled and pronounced only for
the most serious criminal offence.
Article 22
DETENTION
Every person is entitled to personal freedom. The seizure or detention must be understood
by the arrested person to be an arrest, promptly and in his own language or in the
language which heunderstands, and the reasons for the arrests must be communicated.
Detained person must be promptly informed of his right to remain silent. At the request of
the person detained, the arresting authority must promptly inform close relations of the
detained about his arrest. Person detained shall have the right to have the defence
council of his choice present at the hearing. Illegal arrest shall be deemed to be a
punishable offence.
Article 23
CUSTODY
A person reasonably suspected of having committed a criminal offence may be detained and
held in confinement on the basis of the decision by a competent court of law, only when
this is indispensable for the conduct of criminal procedure. Person detained must be given
the warrant for the arrest with adequate explanation at the time of the arrest or within
24 hours at the latest from the moment of the arrest. The detained person shall have the
right of appeal against the arrest which shall be decided upon by the court of law within
48 hours. The length of detention must be of the shortest possible duration. The detention
ordered by a first instance court must not exceed three months from the day of arrest.
This time limit may be extended for further three months by the decision of a higher
court. If by the end of this period the indictment has not been filed, the accused shall
be released. The detention of persons underage (minors) may not exceed 60 days.
Article 24
RESPECT OF HUMAN DIGNITY
Respect of human dignity and dignity in all criminal and any other proceedings is hereby
guaranteed, both in the case of arrest or limitation of freedom and during serving of
pronounced sentence. PROTECTION OF PHYSICAL INTEGRITY The use of force against a suspect
who has been detained or whose freedom has been restricted and any forcible extraction of
a confession or statement, shall be prohibited and punishable. No one may be subject to
torture, humiliating and degrading treatment or punishment. Medical and other scientific
experimentation may not be carried out on an individual without his consent.
Article 25
RULE OF LEGALITY
No one may be punished for an act which did not constitute a penal offence under law or
by-laws at the time it was committed, nor may a punishment be pronounced which was not
envisaged for the offence in question. Criminal offences and criminal sanction shall be
prescribed by law. Everyone charged with a criminal offence shall have the right to be
presumed innocent until proven guilty by a valid decision of the court of law.
COMPENSATION OF DAMAGE Any person wrongfully detained or wrongfully convicted shall
be entitled to compensation of damages by the state.
RIGHT TO DEFENCE Every person shall be guaranteed the right to defend himself and
the right to engage a defence counsel before the court of law or before some other body
authorised to conduct proceedings.
Article 26
All criminal and other punishable offences shall be determined and sentences pronounced
according to legal regulation and provisions based on the law which was in force at the
time the offence was committed, except if the new legal regulations and provisions are
based on the law which is more lenient for the perpetrator.
Article 27
Ne bis in idem
No person shall ne tried twice for the same offence.
Article 28
FREEDOM OF MOVEMENT AND RESIDENCE
Citizens shall be guaranteed the freedom of movement and residence. Freedom of movement
and residence may be restricted only for purpose of conducting criminal investigations,
for prevention of contagious diseases or when so required for the defence of the Federal
Republic of Yugoslavia.
Article 29
HOME
The home shall be inviolable. A person in an official capacity may enter a dwelling or
other premises against the will of the tenant and may search them, but only on the grounds
of a search warrant issued by a court of law. The search shall be conducted in the
presence of two witnesses. A person in an official capacity may enter dwelling or other
premises without the court warrant and may conduct the search without the presence of two
witnesses if so required for immediate apprehension of the perpetrator of a criminal act
or for purpose of saving human lives and property.
Article 30
PRIVACY OF MAIL
Privacy of mail and other means of communication shall be inviolable. Under a court
decision the principle of inviolability of the privacy of mail and other means of
communication may be put in abeyance if so required for purpose of criminal proceedings or
for the defence of the Federal Republic of Yugoslavia.
Article 31
PERSONAL DATA
Protection of secrecy of personal data shall be guaranteed. The use of personal data for
purposes other than those for which they were compiled shall be prohibited. Everyone shall
have the right of access to personal data concerning his own person and the right of
judicial protection in case of their abuse.
2. Political Freedoms and Rights
Article 32
VOTING RIGHT
Every citizen of Montenegro who has reached the age of 18 shall be entitled to vote
and be elected to a public office. The voting right is exercised at the elections. The
voting right is general and equal. Elections shall be free and direct and voting shall be
by a secret ballot.
Article 33
INITIATIVE, REPRESENTATION AND PETITION
Every person shall be entitled to a free initiative, to submit representation, lodge a
petition or a proposal to a state authority and shall be entitled to receive an answer
thereto. No person shall be held responsible and neither shall suffer any other
detrimental consequences for opinions expressed and contained in the initiatives,
representations, petitions or proposals, except in case the person in question has
therethrough committed a criminal offence.
Article 34
FREEDOM OF MAN
Freedom of belief and conscience shall be guaranteed. Freedom of thought and public
expression of opinion, freedom of confession, public or private profession of religion and
freedom to express national affiliation, culture and the freedom to use one's own language
and alphabet shall be guaranteed. No person shall be obliged to declare his opinion,
confession and national affiliation.
Article 35
FREEDOM OF PRESS
Freedom of press and of other public information media shall be guaranteed. Citizens
shall have the right to express and publish their opinion in the public information media.
Publication of newspapers and public dissemination of information by other media shall be
accessible to everyone without prior permission, subject to registration with the
competent authority. Radio and television broadcasting organisations shall be established
in accordance with law.
Article 36
RESPONSE, RECTIFICATION, COMPENSATION OF DAMAGES
The right to a response and the right to rectification of incorrect published
information or data as well as the right to compensation of damages caused by publishing
of incorrect information or data shall be guaranteed.
Article 37
CENSORSHIP OF PRESS
Censorship of press and of other forms of public information media shall be prohibited.
DISTRIBUTION OF PRESS
No person shall have the right to prevent distribution of press and dissemination of other
information except when the competent court of law shall find that they call for a
forcible overthrow of the order established by the Constitution, violation of the
territorial integrity of Montenegro and the Federal Republic of Yugoslavia, violation of
guaranteed freedoms and rights or incite and foment national,racial or religious hatred
and intolerance.
Article 38
FREEDOM OF SPEECH
Freedom of speech and of public appearance shall be guaranteed.
Article 39
FREEDOM OF ASSEMBLY
Citizens shall be guaranteed the right to peacefully assemble without prior approval,
subject to prior notification of the competent authorities. Freedom of association and
other peaceful assembly may be provisionally restricted by a decision of the competent
authority in order to prevent a threat to public health and morals or for the protection
of human lives and property.
Article 40
FREEDOM OF ASSOCIATION
Citizens shall be guaranteed the freedom of political, trade union and other
association and activities, without the requirement of a permit,subject to registration
with the competent authorities. The state shall offer assistance to political, trade union
and other associations whenever there is a public interest thereof.
Article 41
PROHIBITION OF ORGANISATION
Political organisation in the state authorities shall be prohibited. Professional members
of the police force may not be members of the political parties. Judges, justices of the
Constitutional Court and the public prosecutor may not be members of the bodies of the
political parties.
Article 42
SECRET AND PARA-MILITARY ORGANISATIONS
Activities of political, trade union and other organisations aimed at the violent
overthrow of the constitutional order, violation of the territorial integrity of
Montenegro and of the Federal Republic of Yugoslavia, violation of guaranteed freedoms and
rights of man and citizen or inciting and fomenting of national, racial, religious and
other hatred or intolerance shall be prohibited. Establishment of secret (clandestine)
organisations and paramilitary groups shall be prohibited.
Article 43
INEQUALITY AND INTOLERANCE
Any incitement or encouragement of national, racial, religious and other inequality and
incitement and fomenting of national, racial, religious and other hatred or intolerance
shall be unconstitutional and punishable.
Article 44
CITIZEN AND INTERNATIONAL ORGANISATIONS
Citizens shall have the right to participate in regional and international
non-governmental organisations. Citizens shall have the right to address international
institutions for purpose of protection of their freedoms and rights guaranteed under the
Constitution.
3. Economic, Social and Cultural Freedoms and Rights
Article 45
PROPERTY
Property shall be inviolable. No person shall be deprived of his property, nor may it be
restricted except when so required by the public interest, as prescribed by law, subject
to fair compensation which may not be below its market value.
Article 46
INHERITANCE
The right of inheritance shall be guaranteed.
Article 47
EARNING AND ENTREPRENEURSHIP
Freedom of earning and freedom of entrepreneurship shall be guaranteed. All acts and
activities creating or instigating monopoly and preventing market oriented economic
activities shall be prohibited.
Article 48
RESTRICTION OF OWNERSHIP AND EARNING
The right to own property and the freedom of earning may be restricted by law, i.e. legal
regulations with the force of law, for the duration of a state of emergency, in times of
immediate threat of war or a state of war.
Article 49
TAXATION
All person shall be obliged to pay taxes and other dues.
Article 50
COPYRIGHT
Freedom of creation and publishing of scientific and works of art, scientific discoveries
and technical innovations shall be guaranteed and their authors shall be entitled to moral
and material rights.
Article 51
STATE OF EMERGENCY
Everyone shall be obliged to participate in prevention and elimination of the general
state of emergency.
Article 52
RIGHT TO WORK
Everyone shall have the right to work, to a free choice of occupation and employment, to
just and humane conditions of work and to protection during unemployment. Forced labour
shall be prohibited.
Article 53
RIGHTS OF WORK FORCE
All persons employed shall have the right to corresponding remunerations. All persons
employed shall have the right to limited working hours and a paid vacation. All persons
employed shall have the right to protection at work. Youth, women and disabled persons
shall enjoy special protection at work.
Article 54
STRIKE
All persons employed shall have the right to a strike for protection of their professional
and economic interests. Persons employed in the state administration and professional
members of the police force shall not have the right to strike.
Article 55
SOCIAL SECURITY
Under a mandatory insurance scheme all persons employed shall provide for themselves and
members of their families all forms of social security. The state shall provide social
welfare for citizens unable to work and without livelihood, as well as for citizens
without the means of subsistence.
Article 56
PROTECTION OF DISABLED PERSONS
Disabled persons shall be guaranteed social protection.
Article 57
HEALTH CARE
Everyone shall be entitled to health care. Children, expectant mothers and elderly persons
shall be entitled to publicly financed health care, if they are not covered by another
insurance program.
Article 58
MARRIAGE
Marriage may be contracted only upon a free consent of both bride and groom.
Article 59
FAMILY
Family shall enjoy special protection. Parents shall be obliged to care for their
children, for their up-bringing and education. Children shall be obliged to care for their
parents whenever they should be in need of care.
Article 60
MOTHER AND CHILD
Mother and child shall enjoy special protection. Children born out of wedlock shall have
the same rights and obligations as children born in wedlock.
Article 61
ABUSE OF CHILDREN
Abuse of children is prohibited. Employment of children and minors on jobs hazardous for
their health and development shall be prohibited.
Article 62
EDUCATION
Everyone shall be entitled to education under equitable conditions. Primary education
shall be mandatory and free of tuition fees.
Article 63
AUTONOMY OF UNIVERSITIES
The autonomy of universities, higher education institutions and scientific institution
shall be guaranteed.
Article 64
SCIENCE, CULTURE AND ARTS
The state shall render assistance and instigate development of education, sciences,
culture, arts, sports, physical and technical culture. The state shall protect scientific,
cultural, artistic and historical values.
Article 65
STATE AND ENVIRONMENT
The state shall protect environment. Freedom of earning and free entrepreneurship shall be
restricted by environment protection.
4. Local Self-Government
Article 66
LOCAL SELF-GOVERNMENT
The right to a local self-government shall be guaranteed. Local self-government shall be
exercised in the municipality and in the capital. Citizens shall decide through local
self-government directly and through their freely elected representatives on certain
public and other affairs of direct interest for the local population. Local
self-government in the municipality shall consist of the assembly and of the president of
the municipality. The Republic shall offer assistance to the local self-government.
5. Special Rights of National and Ethnic Groups
Article 67
PROTECTION OF IDENTITY
The protection of the national, ethnic, cultural, linguistic and religious identity of the
members of national and ethnic groups shall be guaranteed. Protection of rights of members
of national and ethnic groups shall be exercised in accordance with the international
protection of human and civic right.
Article 68
LANGUAGE, ALPHABET, EDUCATION AND INFORMATION
Members of national and ethnic groups shall have the right to free use of their mother
tongue and alphabet, the right to education and the right to information in their mother
tongue. Article 69 SYMBOLS Members of national and ethnic groups shall have the right to
the use and display of their national symbols.
Article 70
ASSOCIATION
Members of national and ethnic groups shall have the right to establish educational,
cultural and religious associations, with the material assistance of the state.
Article 71
EDUCATIONAL PROGRAMS
Curriculum of educational institutions shall cover both history and culture of the
national and ethnic groups.
Article 72
LANGUAGE
Members of the national and ethnic groups shall be guaranteed the right to the use of
their mother tongue in the proceedings before the state authorities.
Article 73
REPRESENTATION
Members of the national and ethnic groups shall be guaranteed the right to a proportional
representation in the public services, state authorities and in local self-government.
Article 74
CONTACTS
Members of the national and ethnic groups shall have the right to establish and maintain
free contacts with citizens outside of Montenegro with whom they are having a common
national and ethnic origin, cultural and historical heritage and religious beliefs, but
without any detriment for Montenegro.
RIGHT OF APPEAL
Members of the national and ethnic groups shall have the right to participate in the
regional and international non-governmental organisations, and the right to address
international institutions for purpose of protection of their freedoms and rights
guaranteed by the Constitution.
Article 75
EXERCISE OF RIGHTS
Special rights granted to members of the national and ethnic groups may not be exercised
if they are in contradiction with the Constitution, principles of international law and
principle of territorial integrity of Montenegro.
Article 76
PROTECTION COUNCIL
Republican Council for Protection of Rights of National and Ethnic Groups shall be
established in Montenegro, for purpose of preservation and protection of the national,
ethnic, cultural, linguistic and religious identity of national and ethnic groups and for
the exercise of their rights prescribed by the Constitution. Republican Council for
Protection of Rights of National and Ethnic Groups shall be headed by the President of the
Republic. Composition and competencies of the Republican Council shall be prescribed by
the Assembly.
- PART THREE -
ORGANISATION OF THE STATE
|
1. The Assembly
Article 77
COMPOSITION AND ELECTION
The Assembly shall consist of deputies elected by citizens in direct and secret ballot, on
the basis of a general and equitable voting right. One deputy shall be elected for every
six thousand voters.
INDEPENDENCE OF DEPUTIES
Every deputy shall decide and vote according to his own belief and may not be recalled.
PROFESSIONAL FUNCTION
Every deputy shall be entitled to a professional exercise of his function as deputy.
Article 78
TERM OF OFFICE
Term of office of the Assembly shall be four years. In cases of the state of war the term
of office of the Assembly shall be extended for as long as peace is not established. At
the proposal of not less than 25 deputies, Government or the President of the Republic,
the Assembly may decide to shorten the term of office.
Article 79
IMMUNITY
A deputy shall enjoy immunity. A deputy shall not be called to account for an opinion
expressed or a vote cast in the Assembly. No deputy may be subject to criminal proceedings
nor detained without prior approval of the Assembly. A deputy may be detained without the
approval of the Assembly if he should be apprehended during a criminal offence for which
the penalty prescribed exceeds five years of prison sentence. The immunity enjoyed by the
deputies is also enjoyed by the President of the Republic, members of the Government,
judges, justices of the Constitutional Court and the public prosecutor.
Article 80
PRESIDENT AND VICE PRESIDENT
The Assembly shall have a president and one or more vice presidents to be elected from
among the deputies for the term of office of four years. President shall represent the
Assembly, call elections for the President of the Republic and perform other tasks
prescribed by the rules of procedure of the Assembly.
Article 81
COMPETENCIES
The Assembly shall:
1) adopt the Constitution;
2) enact laws, other regulations and general enactments;
3) enact development plan of Montenegro, budget and annual balance sheet;
4) determine principles for organisation of the state administration;
5) ratify international treaties within the competences of the Republic;
6) announce a republican referendum;
7) float public loans and decide on entering into indebtedness of Montenegro;
8) elect and dismiss president and members of the government, president and
justices of the Constitutional Court, president and judges of all the courts of law;
9) appoint and dismiss public prosecutor and other officials;
10) grant amnesty for criminal offences prescribed by the republican law;
11) perform other duties as prescribed by the Constitution.
Article 82
SESSIONS
The Assembly shall sit in regular and extraordinary sessions. Regular sessions of the
Assembly shall be convened two times a year, in accordance with the rules of procedure of
the Assembly. The first regular session shall begin on the first working day in March and
the second session on the first working day in October. The Assembly shall convene in
extraordinary session at the request of not less than one third of the total number of
deputies, or at the request of the President of the Republic and of the Prime Minister.
Article 83
DECISION MAKING
The Assembly shall decide if the session is attended by more than one half of the total
number of deputies, and the decision shall be made by a majority of votes of the deputies
present, if not otherwise prescribed by the Constitution. When the Assembly is deciding on
the enactments regulating the manner in which the freedoms and rights are exercised, on
the electoral system, on the material obligations of the citizens, on the state symbols,
on the dismissal of the President of the Republic and on the vote of confidence to the
Government, on a referendum, on shortening of the term of office and on its rules of
procedure, decision shall be brought by a majority of votes of the total number of
deputies.
Article 84
DISSOLUTION OF THE ASSEMBLY
The Assembly shall be dissolved if it should fail to elect the Government within 60 days
from the date when the President of the Republic proposes candidates for the Prime
Minister. The Assembly may not be dissolved during the state of war, in case of an
imminent danger of war or a state of emergency. If the Assembly should cease to perform
its duties as prescribed by the Constitution for a considerable period of time, the
Government may, after hearing the opinion of the president of the Assembly and of the
presidents of the clubs of deputies of the Assembly, dissolve the Assembly. The Government
shall not be entitled to dissolve the Assembly if a procedure had been instigated for the
vote of no-confidence to the Government. Dissolution of the Assembly shall be prescribed
by the decree of the President of the Republic and a date shall be set for the election of
the new Assembly.
Article 85
INTRODUCTION OF BILLS
The right to introduce bills, other regulations and general enactments shall be vested in
the Government, deputies and at least six thousand voters.
2. President of the Republic
Article 86
ELECTION
The President of the Republic shall be elected in direct elections and by secret ballot,
on the basis of a general and equitable voting right, and for a term of office of five
years. In the event of a state of war the term of office of the President of the Republic
shall be extended for as long as the peace is not established. The same person may be
elected only two times for the President of the Republic.
Article 87
TERMINATION OF MANDATE
The term of office of the President of the Republic shall cease when the term of office
for which he has been elected expires, in the event of recall or by his resignation. The
President of the Republic may be recalled by the Assembly only in case the Constitutional
Court should decide that he has breached the provisions of the Constitution. The procedure
to determine the breach of Constitution shall be instigated by the Assembly.
Article 88
COMPETENCIES
The President of the Republic shall:
1) represent the Republic in the country and abroad;
2) promulgate laws by ordinance;
3) call elections for the Assembly;
4) propose to the Assembly candidates for the Prime Minister, president and
justices of the Constitutional Court;
5) propose to the Assembly calling of a referendum;
6) grant amnesty for criminal offences prescribed by the republican law;
7) confer decoration and awards;
8) perform all other duties in accordance with the Constitution. The President of
the Republic shall be a member of the Supreme Defence Council.
Article 89
PROMULGATION OF LAWS
President of the Republic shall promulgate a law by ordinance within seven days from the
date of its adoption. The President of the Republic may, within seven days from the date
of adoption of a law, request the Assembly to decide again on the same law. The President
of the Republic shall be bound to promulgate a law passed for the second time by the
Assembly.
Article 90
PERFORMANCE OF DUTIES
In case of termination of the term of office of the President of the Republic, and until
the election of the new President and in the case the President of the Republic is
temporarily prevented to perform his functions, his duties shall be assumed by the
President of the Assembly and in case the Assembly is dissolved, by the Prime Minister.
3. Government
Article 91
COMPOSITION AND PRIME MINISTER
The Government is composed of the Prime Minister, one or more deputy prime ministers and
ministers. The Government shall be headed by the Prime Minister.
Article 92
ELECTION
The candidate for the Prime Minister shall present to the Assembly his program and shall
propose the list of ministers of his Government to the Assembly. If the Assembly should
not adopt the proposed program, the President of the Republic shall propose a new
candidate for the Prime Minister within ten days.
Article 93
INCOMPATIBILITY OF FUNCTION
A member of the government may not serve as a deputy or perform any other public function
and neither may he professionally engage in other activities.
Article 94
COMPETENCIES
The Government shall:
1) determine and conduct interior and foreign policy;
2) enact and execute laws and other regulations necessary for the enforcement of
law;
3) conclude international treaties within the competences of the Republic;
4) propose development plan, budget and the annual balance sheet of the Republic;
5) determine organisation and manner of work of state administration;
6) perform supervision over work of ministries and other state administration
authorities, and shall annul and abolish their regulations;
7) enact decrees and enactments during a state of emergency, in the event of
imminent war danger or in the event of a state of war, if the Assembly shall not be able
to convene, and shall submit to the Assembly the said enactments for its approval as soon
as the Assembly shall be in session;
8) perform all other tasks as prescribed by the Constitution and law.
Article 95
RESIGNATION AND RECALL
The Government and the member of the Government may submit their resignation. Resignation
by the Prime Minister shall be deemed to mean resignation of the Government. The Prime
Minister may propose to the Assembly to recall any member of the Government.
Article 96
VOTE OF CONFIDENCE
The Government may raise the question in the Assembly of its vote of confidence.
Article 97
VOTE OF NO CONFIDENCE
The Assembly may vote of no confidence for the Government. The proposal for a vote of no
confidence may be submitted by not less than ten deputies. The vote of no confidence for
the Government shall be performed three days at the earliest from the date the proposal to
that effect had been submitted. If the Government has received a vote of confidence, the
proposal to vote on no confidence for the same reasons may not be submitted before a
period of 90 days from the date of previous voting.
Article 98
TERMINATION OF MANDATE
The Government shall terminate its mandate when the mandate of the Assembly is terminated,
when the Assembly is dissolved, when it submits its resignation and when it receives the
vote of no confidence. The Government which has been voted of no confidence or whose
mandate has been revoked because of the dissolution of the Assembly shall remain in office
until the election of the new Government.
Article 99
STATE ADMINISTRATION
The affairs of the state administration shall be conducted by the ministries and the state
administration authorities. Certain tasks of the state administration may be transferred
by law to the local self-government.
TRANSFER AND ENTRUSTING
Certain tasks of the state administration may be entrusted by decree to the local
self-government, to the institutions and legal persons.
4. Courts of Law and Public Prosecutor
Article 100
INDEPENDENCE AND AUTONOMY
Courts of law (judiciary) shall be independent and autonomous. Courts of law shall rule on
the basis of the Constitution and the law.
Article 101
JUDICIAL COUNCIL
Courts of law shall adjudicate in a council, except in cases specified by law when a
single judge shall rule. JUDGES Judicial functions shall be performed by the judge and
jurors.
Article 102
PUBLIC TRIALS
Trial before the court of law shall be public. In exceptional cases only the court may
decide that the public shall not be allowed to attend the trial or any part thereof.
Article
103
PERMANENT FUNCTION
Judges shall have a life tenure. A judge's tenure of office may be terminated at his own
request or when he meets conditions for retirement, and if he should be sentenced to a
prison sentence without the right of appeal. A judge may be dismissed if he has been
convicted of an offence making him unsuitable to perform judicial functions, or when he
performs his judicial function unprofessionally and unconsciencously, or when he has
permanently lost the working capacity for performing judicial function. A judge may not be
transferred against his will.
Article 104
SUPREME COURT
The Supreme Court shall be deemed to the highest instance court of law in the Republic.
Article 105
PUBLIC PROSECUTOR
Public Prosecutor shall perform the tasks of criminal persecution, shall apply legal
remedies for protection of constitutionality and legality and shall represent the Republic
in property and legal matters.
COMPETENCE
Public Prosecutor shall perform his function on the basis of the Constitution and law.
TERM OF OFFICE
Public Prosecutor shall be elected for the term of office of five years.
Article 106
INCOMPATIBILITY OF FUNCTION
Judges and the Public Prosecutor may not be delegates or perform any other public function
and neither engage in any professional activity.
- PART FOUR -
CONSTITUTIONALITY AND LEGALITY
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Article 107
CONSTITUTIONALITY AND LEGALITY
The law must be in conformity with the Constitution, and all other regulations and
enactments must be in conformity with the Constitution and law.
Article 108
VACATIO LEGIS
Statutes, other laws and general enactments shall be published prior to coming into force.
Statutes, other laws and general enactments shall come into force on the eighth day from
the day of publication. Exceptionally, when justified reasons shall prevail as prescribed
during their adoption, provision is made for the statutes, other laws and general
enactments to come into force on the day of publication.
Article 109
RETROACTIVE EFFECT
Statutes, other laws and general enactments may not have a retroactive effect.
Exceptionally, only certain provisions of statutes, if so required by the public interest,
as prescribed when they were adopted, may have a retroactive effect.
Article 110
LEGALITY OF INDIVIDUAL ENACTMENTS
The Court of law shall decide on the legality of particular enactments in an
administrative suit, on the basis of which the state administration authorities and
authorities with public authorisation are ruling on the rights and obligations, if for a
certain matter no other judicial remedy has been prescribed. Exceptionally, in certain
types of administrative matters, administrative suit may be dismissed by decree.
CONSTITUTIONAL COURT
Article 111
COMPOSITION OF COURT
The Constitutional Court shall have five justices. The term of office of a justice of the
Constitutional Court shall be nine years and the justice may not be re-elected.
ELECTION
Justice of the Constitutional Court shall be elected from among the distinguished legal
experts with at least 15 years of professional experience.
TERM OF OFFICE
President of the Constitutional Court shall be elected from among the justices of the
Constitutional Court, for a term of office of three years.
INCOMPATIBILITY OF FUNCTION
President and justices of the Constitutional Court may not be deputies and perform any
other public function and neither engage in any other professional activity.
Article 112
TERMINATION OF FUNCTION
Justice of the Constitutional Court shall terminate his office for which he has been
elected at his own request, or after meeting the requirements for retirement, or if he is
sentenced to a term of imprisonment without the right of appeal.
DISMISSAL
Justice of the Constitutional Court shall be dismissed from duty if he is sentenced for
the offence which makes him unsuitable for the function or if he has permanently lost the
capacity for performing his function of justice of the Constitutional Court.
SUSPENSION
The Constitutional Court may decide to suspend the justice of the Constitutional Court if
against him criminal proceedings have been instigated and he shall not perform his
function for the duration of the proceedings.
Article 113
The Constitutional Court shall:
1) decide on the conformity of law with the Constitution;
2) decide on conformity of other regulations and general enactments with the Constitution
and law;
3) determine whether the President of the Republic has committed a violation of the
Constitution;
4) decide on constitutional complaints for violation, by individual enactments or deeds,
of the freedoms and rights of man and citizen as prescribed by the Constitution, whenever
this protection is not within the competencies of the Federal Constitutional Court and
whenever some other legal remedy is not prescribed;
COMPETENCIES
5) rule on the conflict of competencies between the administrative and judicial
authorities, on conflict of competence between these authorities and authorities of the
local self-government and in conflicts of competencies between the units of the local
self-government;
6) decide on conformity of statutes of a political party or association of citizens;
7) decide on banning of a political party and association of citizens;
8) decide on electoral disputes and disputes connected with a referendum, which are not
within the competencies of the regular courts of law;
9) performs other task prescribed by the Constitution. The Constitutional Court may rule
on constitutionality and legality of laws which have ceased to be in force, if from the
moment they have ceased to be in force until the procedure has been initiated a period of
not more than one year has elapsed.
Article 114
INITIATING PROCEEDINGS
All persons are entitled to initiate the proceedings of assessing the constitutionality
and legality. Proceedings before the Constitutional Court shall be initiated by state
agencies and legal entities after finding that their rights or interest have been violated
by the act whose constitutionality and legality are being challenged. The Constitutional
Court may itself initiate the proceedings for assessing the constitutionality and
legality.
Article 115
CESSATION OF VALIDITY
When the Constitutional Court shall decide that the statute, other regulation or a general
enactment is not in conformity with the Constitution or law, such a statute, other
regulation or general enactment shall cease to be in force with the day of publication of
ruling to that effect by the Constitutional Court.
PROVISIONS ORDER
During the proceedings and until the ruling, the Constitutional Court may order a
suspension in the execution of an individual act or deed undertaken on the basis of the
statute, other regulation or a general enactment whose constitutionality i.e. legality is
being assessed, if such an execution would cause irreparable damage.
Article 116
DECISION
The Constitutional Court shall decide by a majority of vote of the justices. The decision
of the Constitutional Court shall be generally binding and final. Decision of the
Constitutional Court shall be published together with the opinion of justices who did not
vote in favour of the decision. Whenever necessary execution of the decision of the
Constitutional Court shall be enforced by the Government.
- PART FIVE -
AMENDMENTS TO THE CONSTITUTION
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Article 117
PROPOSAL OF AMENDMENTS
A proposal to amend the Constitution may be submitted by at least 10.000 voters, by not
less than 25 deputies, by the President of the Republic and by the Prime Minister. A
proposal to amend the Constitution shall contain the provisions where amendments are
requested and an adequate explanation thereof. The Assembly shall decide on the proposal
for amending the Constitution by the two third majority of votes of all of its deputies.
If the proposal to amend the Constitution should not be adopted, the same proposal may not
be submitted again before one year has elapsed from the day the proposal was refused.
Article 118
AMENDMENTS
The Constitution shall be amended by the Constitutional amendments. DRAFT The Assembly
shall provide the draft of the amendment to the Constitution. The Assembly shall decide on
the amendment to the Constitution by the two third majority of votes of all of its
deputies.
Article 119
SIGNIFICANT AMENDMENTS AND A NEW CONSTITUTION
If the proposal to amend the Constitution shall pertain to the provisions regulating the
status of the country and the form of rule, if it restricts freedoms and right or if the
adoption of a new constitution is proposed, with the day of adoption of the amendment to
that effect the Assembly shall be dissolved and a new Assembly convened within 90 days
from the day such an amendment was adopted. The new Assembly shall decide by a two-third
majority of votes of all the deputies only on those amendments to the Constitution which
are contained in the adopted amendment, i.e. the adopted amendment for the promulgation of
the new constitution.
- PART SIX -
FINAL PROVISIONS
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Article 120
CONSTITUTIONAL LAW
The Republic of Montenegro shall pass a constitutional law for purpose of enforcement of
the Constitution. The Constitutional law shall be adopted and shall come into force
simultaneously with the Constitution of the Republic of Montenegro.
Article 121
COMING INTO FORCE
The present Constitution shall come into force with the day of its promulgation.
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