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 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.
The Assembly decides with a two-thirds majority of all deputies on the laws governing the electoral system and property rights of foreigners. In the first vote by a two-thirds majority and in the second vote by a majority of all deputies no earlier than three months later, the Assembly decides on the laws regulating the way of exercising acquired minority rights and using Army units in international forces. In the first vote by a two-thirds majority and the second vote by a three-fifths majority of all deputies no earlier than one month later, the Assembly elects and dismisses the 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. Suppose the proposed candidate needs to get the required majority. In that case, the Assembly, in a second vote, elects the supreme state prosecutor from among all the candidates who meet the legal requirements.
The Assembly is dissolved if it does not elect a Government within 90 days from when the President of Montenegro first proposes a representative. Suppose the Assembly only performs the powers established by the Constitution briefly. In that case, the Government may dissolve the Assembly after hearing the opinion of the President of the Assembly and the President of the clubs of deputies in the Assembly. The Assembly is dissolved by decree of the President of Montenegro. The Assembly cannot be dissolved during a state of war or emergency if a vote of no confidence in the Government has been initiated, as well as in the first three months after its Constitution and three months before the end of the mandate. The President of Montenegro announces elections on the first day following the dissolution of the Assembly.
The Government and deputies have the right to propose laws and other acts. Six thousand voters can also offer rules through the deputies they authorize. At least 25 M.P.s can submit a proposal for calling a state referendum, the President of Montenegro, the Government or at least 10% of citizens who have the right to vote.
The President of Montenegro must promulgate the law within seven days from the date of adoption, or within three days if the ordinance was adopted under an urgent procedure, or return the law to the Assembly for re-decision. The President of Montenegro is obliged to announce the re-voted law.
B.P.