Amendments I to XVI form an integral part of the Constitution of Montenegro and enter into force on the day of promulgation.
AMENDMENT I
No one can be punished for an act which, before it was committed, was not prescribed by the law or a regulation based on the law as a punishable act, nor can he be sentenced to a punishment that was not foreseen for that act.
Criminal acts and criminal sanctions can only be prescribed by law.
This amendment replaces Article 33 of the Constitution of Montenegro.
AMENDMENT II
A milder regulation
Criminal and other punishable acts are determined, and the punishments for them are imposed according to the law or regulation that was valid at the time of the commission of the act unless the new law or regulation is more lenient for the perpetrator.
This amendment replaces the title of Article 34 and Article 34 of the Constitution of Montenegro.
AMENDMENT III
13) elects and dismisses the judges of the Constitutional Court, the supreme state prosecutor and four members of the Judicial Council from among distinguished lawyers;
14) appoints and dismisses: the protector of human rights and freedoms; 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 holders of positions determined by law;
This amendment replaces points 13 and 14 of Article 82 of the Constitution of Montenegro.
AMENDMENT IV
By a majority vote of all deputies, the Assembly passes laws regulating the way citizens’ freedoms and rights are exercised, Montenegrin citizenship, the referendum, material obligations of citizens, state symbols and the use and use of state symbols, defence and security, the army, the establishment, merger and abolition of municipalities; declares a state of war and emergency; adopts a spatial plan; adopts the rules of procedure of the Assembly; decides on calling a state referendum; decides on the shortening of the mandate; decides on the dismissal of the President of Montenegro; elects and dismisses the President and members of the Government and decides on trust in the Government; appoints and dismisses the protector of human rights and freedoms.
In the first vote by a two-thirds majority and the second vote by a three-fifths majority of all M.P.s no earlier than one month later, the Assembly elects and dismisses judges of the Constitutional Court, the Supreme State Prosecutor and four members of the Judicial Council from among distinguished lawyers.
In the first vote, the Assembly elects the Supreme State Prosecutor on the proposal of the Prosecutorial Council. If the proposed candidate does not get the required majority, the Assembly, in a second vote, elects the supreme state prosecutor from among all the candidates who meet the legal requirements.
This amendment replaces paragraph 2 of Article 91 and supplements Article 91 of the Constitution of Montenegro.
AMENDMENT V
5) proposes to the Assembly: a representative for the composition of the Government after discussions with the representatives of the political parties represented in the Assembly; two judges of the Constitutional Court and defenders of human rights and freedoms;
This amendment replaces item 5 of Article 95 of the Constitution of Montenegro.
AMENDMENT VI
5. JUDICIARY
This amendment replaces the title of Chapter 5, “COURT”, in Part Three – Organization of Government.
AMENDMENT VII
The Supreme Court ensures uniform application of the law by the courts and performs other duties prescribed by law.
The President of the Supreme Court is elected and dismissed by the Judicial Council by a two-thirds majority on the proposal of the General Session of the Supreme Court.
The President of the Supreme Court is elected for five years.
The same person can be elected President of the Supreme Court a maximum of two times.
This amendment replaces para—2, 3 and 4 of Article 124 and supplements Article 124 of the Constitution of Montenegro.
AMENDMENT VIII
The Judicial Council has a president and nine members.
Members of the Judicial Council are:
1) President of the Supreme Court;
2) four judges elected and dismissed by the Conference of Judges, taking into account the equal representation of courts and judges;
3) four distinguished lawyers who are elected and dismissed by the Assembly on the proposal of the competent working body of the Assembly by public invitation;
4) minister responsible for judicial affairs.
The Judicial Council elects the president of the Judicial Council from among its members who are not holders of judicial office by a two-thirds majority of the members of the Judicial Council.
A minister responsible for judicial affairs must be elected as someone other than the president of the Judicial Council.
The President of the Judicial Council has the deciding vote in case of an equal number of votes.
The President of Montenegro announces the composition of the Judicial Council.
The mandate of the Judicial Council is four years.
This amendment replaces Article 127 of the Constitution of Montenegro.
B.P.