PART 1. BASIC PROVISIONS
Article 1. The State
Montenegro is an independent and sovereign state, with the republican form of government.
Montenegro is a civil, democratic, ecological and the state of social justice, based on the rule of law.
Article 2. Sovereignty
Bearer of sovereignty is the citizen with Montenegrin citizenship.
The citizen shall exercise power directly and through the freely elected representatives.
The power not stemming from the freely expressed will of the citizens in democratic election in accordance with the law, can neither be established nor recognised.
Article 3. State territory
The territory of Montenegro is unified and inalienable.
Article 4. State symbols
Montenegro shall have a coat of arms, a flag and a national anthem.
The coat of arms of Montenegro shall be the golden double-headed eagle with lion on its chest.
The flag of Montenegro shall be red in color, with the coat of arms in the center and the golden brim.
The national anthem of Montenegro shall be “Oj svijetla majska zoro”.
Article 5. Capital and Old Royal Capital
The capital of Montenegro shall be Podgorica,
The Old Royal Capital of Montenegro shall be Cetinje.
Article 6. Human rights and liberties
Montenegro shall guarantee and protect rights and liberties.
The rights and liberties shall be inviolable.
Everyone shall be obliged to respect the rights and liberties of others.
Article 7. Prohibition of infliction of hatred
Infliction or encouragement of hatred or intolerance on any grounds shall be prohibited.
Article 8. Prohibition of discrimination
Direct or indirect discrimination on any grounds shall be prohibited.
Regulations and introduction of special measures aimed at creating the conditions for the exercise of national, gender and overall equality and protection of persons who are in an unequal position on any grounds shall not be considered discrimination.
Special measures may only be applied until the achievement of the aims for which they were undertaken.
Article 9. Legal order
The ratified and published international agreements and generally accepted rules of international law shall make an integral part of the internal legal order, shall have the supremacy over the national legislation and shall be directly applicable when they regulate the relations differently from the internal legislation.
Article 10. Limits of liberties
In Montenegro, anything not prohibited by the Constitution and the law shall be free.
Everybody is obliged to abide by the Constitution and the law.
Article 11. Division of powers
The power shall be regulated following the principle of the division of powers into the legislative, executive and judicial.
The legislative power shall be exercised by the Parliament, the executive power by the Government and the judicial by courts.
The power is limited by the Constitution and the law.
The relationship between powers shall be based on balance and mutual control.
Montenegro shall be represented by the President of Montenegro.
Constitutionality and legality shall be protected by the Constitutional Court.
Army and security services shall be under democratic and civil control.
Article 12. Montenegrin citizenship
In Montenegro there shall be a Montenegrin citizenship.
Montenegro shall protect the rights and interests of the Montenegrin citizens.
Montenegrin citizen shall not be expelled or extradited to other state, except in accordance with the international obligations of Montenegro.
Article 13. Language and alphabet
The official language in Montenegro shall be Montenegrin.
Cyrillic and Latin alphabet shall be equal.
Serbian, Bosniac, Albanian and Croatian shall also be in the official use.
Article 14. Separation of the religious communities from the State
Religious communities shall be separated from the state.
Religious communities shall be equal and free in the exercise of religious rites and religious affairs.
Article 15. Relations with other states and international organizations
Montenegro shall cooperate and develop friendly relations with other states, regional and international organizations, based on the principles and rules of international law.
Montenegro may accede to international organizations.
The Parliament shall decide on the manner of accession to the European Union.
Montenegro shall not enter into a union with another state by which it loses its independence and full international personality.
Article 16. Legislation
The law, in accordance with the Constitution, shall regulate:
- the manner of exercise of human rights and liberties, when this is necessary for their exercise;
- the manner of exercise of the special minority rights;
- the manner of establishment, organization and competences of the authorities and the procedure before those authorities, if so required for their operation;
- the system of local self-government;
- other matters of interest for Montenegro.
