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…
Author: 2j4ck
The State Prosecutor’s Office is a unique and independent state body that prosecutes perpetrators of criminal offences and other punishable offences that are prosecuted ex officio. The heads of state prosecution offices and state prosecutors perform the tasks 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…
The court is autonomous and independent—the court judges based on the Constitution, laws and confirmed and published international treaties. The establishment of quick and extraordinary courts is prohibited. The court judges in a panel, except when the law stipulates that a single judge should consider. Jury judges also participate in the trial when it is established by law. The case before the court is public, and the judgments are pronounced publicly. Exceptionally, the court can exclude the public from the discussion or part of it for reasons that are necessary in a democratic society, only to the extent required: in…
The responsibilities of the Government of Montenegro are to: 1) Leads the internal and external policy of Montenegro; 2) Executes laws, other regulations and general acts; 3) Makes decrees, decisions and other acts for the execution of laws; 4) Concludes international contracts; 5) Proposes the development plan and spatial plan of Montenegro; 6) Proposes the budget and final budget account; 7) Proposes a national security strategy and a defence strategy; 8) Decides on the recognition of states and the establishment of diplomatic and consular relations with other states; 9) Proposes ambassadors and heads of other diplomatic missions of Montenegro abroad;…
The responsibilities of the President of Montenegro are to: Represent Montenegro in the country and abroad; Command the Army based on the Council for Defense and Security decisions; Promulgate laws by decree; Call elections for the Assembly of Montenegro; Propose to the Assembly mandates for the composition of the Government after discussions with political representatives of the parties represented in the Assembly, two judges of the Constitutional Court and the protector of human rights and freedoms, appoint and recall ambassadors and heads of other diplomatic missions of Montenegro abroad, at the proposal of the Government and with the opinion of…
In the second part of the content related to the legislative power in Montenegro, we will discuss how the Constitution defines decision-making and dissolution of the Assembly, proposing laws and other acts, and promulgating regulations. The Assembly decides by the majority of the deputies’ votes at a session attended by more than half of all deputies unless otherwise stipulated by the Constitution. By a majority vote of all deputies, the Assembly passes laws regulating the way to exercise the freedom and rights of citizens, Montenegrin citizenship, referendum, material obligations of citizens, state symbols and the use and use of state…
Regarding the division of power in Montenegro, we will first talk about the Parliament of Montenegro as the home of legitimately elected representatives of citizens. The responsibilities of the Parliament of Montenegro are to: enact the Constitution, enact laws, enact other regulations and general acts, declare a state of war and emergency, enact the budget and final budget account, enact the security strategy and national defense strategy, enact the development plan and spatial plan of Montenegro, decides on the use of units of the Army of Montenegro in international forces, regulates the system of state administration, supervises the Army and…
Minority rights and freedoms are defined in a special section of the Constitution of Montenegro. It is prescribed that members of minority nations and other minority national communities are guaranteed all the rights and freedoms they can use individually or in a community with others. Primarily, freedom of expression, preservation, development and public expression of national, ethnic, cultural and religious distinctiveness is guaranteed, as well as the choice, use and public display of national symbols and celebration of national holidays. Members of minorities have the right to use their language and script in private, public and official use, as well…
In the section related to economic, social and cultural rights and freedoms, the property right is defined primarily. It cannot be limited, nor can a person be deprived of the right to property unless it is in the public interest and with fair compensation. Natural resources are state-owned and in general use. Freedom of entrepreneurship is guaranteed, which can only be limited to protecting human health, the environment, natural resources, cultural heritage, and the security and defence of Montenegro. The right of inheritance is also guaranteed, and a foreign person can be the subject of property rights by the law.…
In the part of the Constitution that defines political rights and freedoms, the right to vote is first of all standardized, i.e. every citizen who has reached the age of 18 and has resided in Montenegro for at least two years has the right to vote and be elected. Voting rights are universal and equal and are exercised in elections. Elections are free, and voting is secret. Everyone is guaranteed the right to freedom of thought, conscience and religion, as well as to change religion or belief and to manifest religion or belief through customs or rituals. Freedom of expression…