AMENDMENT IX
Judicial Council:
1) elects and dismisses the president of the Supreme Court;
2) elects and dismisses the president of the Judicial Council;
3) Submits an annual report to the Assembly on the work of the Judicial Council and the overall situation in the judiciary;
4) elects and dismisses the judge, court president and lay judge;
5) considers the report on the work of the court, petitions and complaints about the work of the court and takes positions on them;
6) determines the termination of the judicial function;
7) determine the number of judges and lay judges;
8) proposes to the Government the amount of funds for the work of the courts;
9) performs other duties established by law.
The Judicial Council decides by a majority vote of all members, except in cases prescribed by the Constitution.
In proceedings of disciplinary responsibility of judges, the minister responsible for judicial affairs does not vote.
This amendment replaces Article 128 of the Constitution of Montenegro.
AMENDMENT X
The heads of state prosecution offices and state prosecutors perform the work of the State Prosecutor’s Office.
The Supreme State Prosecutor is elected and dismissed by the Parliament of Montenegro after a hearing in the competent working body of the Parliament on the proposal of the Prosecutor’s Council, following a public invitation.
The Supreme State Prosecutor and heads of state prosecution offices are elected for five years.
The function of the state prosecutor is permanent. Exceptionally, a person elected for the first time as a state prosecutor is elected for four years.
The head of the State Prosecutor’s Office and the State Prosecutor shall cease to function and be dismissed from exercising their functions in cases and according to the procedure prescribed by law.
The head of the state prosecution and the state prosecutor shall be dismissed from office if he is sentenced to unconditional imprisonment by a final judgment.
This amendment replaces Article 135 of the Constitution of Montenegro.
AMENDMENT XI
The Prosecutor’s Council ensures the independence of the State Prosecutor’s Office.
The Supreme State Prosecutor presides over the Prosecutor’s Council, except in disciplinary proceedings.
The composition, election, mandate, organization and way of working of the Prosecutor’s Council are regulated by law.
Prosecutorial Council:
1) determines the proposal for the election of the Supreme State Prosecutor;
2) elects and dismisses the heads of state prosecution offices and the state prosecutor;
3) determines the termination of the function of the heads of state prosecution offices and state prosecutors;
4) proposes to the Government the amount of funds for the work of the State Prosecutor’s Office;
5) Submits an annual report on the work of the State Prosecutor’s Office to the Assembly;
6) performs other duties established by law.
The Prosecutor’s Council decides by majority vote of all members.
This amendment replaces Article 136 of the Constitution of Montenegro.
AMENDMENT XII
The head of the state prosecution and the state prosecutor enjoy functional immunity and cannot be held accountable for an opinion or a decision made in performing their duties unless it is a criminal offence.
This amendment replaces Article 137 of the Constitution of Montenegro.
AMENDMENT XIII
The head of the State Prosecutor’s Office and the State Prosecutor may not perform parliamentary and other public functions or other professional activities.
This amendment replaces Article 138 of the Constitution of Montenegro.
AMENDMENT XIV
The president and members of the State Audit Institution Senate enjoy functional immunity. They cannot be held accountable for an opinion or a decision made in performing their duties unless it is a criminal offence.
This amendment supplements Article 144 of the Constitution of Montenegro.
AMENDMENT XV
This amendment supplements Article 151 of the Constitution of Montenegro.
AMENDMENT XVI
The Constitutional Court has seven judges.
Judges of the Constitutional Court are elected for 12 years.
Judges of the Constitutional Court are elected and dismissed by the Assembly: two judges on the proposal of the President of Montenegro and five judges on the proposal of the competent working body of the Assembly following a public invitation that proposes the investigation.
The Constitutional Court judge is chosen from distinguished lawyers with at least 40 years of age and 15 years of work experience in the legal profession.
The judges of the Constitutional Court elect the president of the Constitutional Court from among their members for three years.
The same person can be elected only once as president and judge of the Constitutional Court.
The president and judge of the Constitutional Court cannot hold parliamentary or other public functions or perform other activities.
This amendment replaces Article 153 of the Constitution of Montenegro.
B.P.