PART 6. CONSTITUTIONAL COURT OF MONTENEGRO
Article 149. Responsibility
The Constitutional Court shall decide on the following:
- Conformity of laws with the Constitution and confirmed and published international agreements;
- Conformity of other regulations and general acts with the Constitution and the law;
- Constitutional appeal due to the violation of human rights and liberties granted by the Constitution, after all other efficient legal remedies have been exhausted;
- Whether the President of Montenegro has violated the Constitution,
- The conflict of responsibilities between courts and other state authorities, between state authorities and local self-government authorities, and between the authorities of the local self-government units;
- Prohibition of work of a political party or a non-governmental organization;
- Electoral disputes and disputes related to the referendum, which are not the responsibility of other courts;
- Conformity with the Constitution of the measures and actions of state authorities taken during the state of war or the state of emergency;
- Performs other tasks stipulated by the Constitution.
If the regulation ceased to be valid during the procedure for the assessment of constitutionality and legality, and the consequences of its enforcement have not been recovered, the Constitutional Court shall establish whether that regulation was in conformity with the Constitution, that is, with the law during its period of validity.
The Constitutional Court shall monitor the enforcement of constitutionality and legality and shall inform the Parliament about the noted cases of unconstitutionality and illegality.
Article 150. Initiation of the procedure to assess constitutionality and legality
Any person may file an initiative to start the procedure for the assessment of constitutionality and legality.
The procedure before the Constitutional Court for the assessment of constitutionality and legality may be initiated by the court, other state authority, local self-government authority and five Members of the Parliament.
The Constitutional Court itself may also initiate the procedure for the assessment of constitutionality and legality.
During the procedure, the Constitutional Court may order to stop the enforcement of an individual act or actions that have been taken on the basis of the law, other regulation or general act, the constitutionality, i.e. legality of which is being assessed, if the enforcement thereof could cause irreparable damage.
Article 151. Decision of the Constitutional Court
The Constitutional Court shall decide by majority vote of all judges.
The decision of the Constitutional Court shall be published.
The decision of the Constitutional Court shall be generally binding and enforceable.
When necessary, the Government shall secure the enforcement of the decision of the Constitutional Court.
The Constitutional Court shall decide in respect of a constitutional appeal by a council consisting of three judges. The Council may make only unanimous decisions by all its members. If the Council may not achieve a unanimous decision, the constitutional appeal shall be decided upon by the Constitutional Court in accordance with paragraph 1 of this Article.
Article 152. Cessation of validity of a regulation
When the Constitutional Court establishes that the law is not in conformity with the Constitution and confirmed and published international agreements, that is, that other regulation is not in conformity with the Constitution and the law, that law and other regulation shall cease to be valid on the date of publication of the decision of the Constitutional Court.
The law or other regulation, i.e. their individual provisions that were found inconsistent with the Constitution or the law by the decision of the Constitutional Court, shall not be applied to the relations that have occurred prior to the publication of the Constitutional Court decision, if they have not been solved by an absolute ruling by that date.
Article 153. Composition and election
The Constitutional Court shall have seven judges.
The Judge of the Constitutional Court shall be elected for the period of 12 years.
The judges of the Constitutional Court shall be elected and released from duty by the Parliament, as follows: two judges at proposal of the President of Montenegro and five judges at proposal of the competent working body of the Parliament upon the announced public invitation carried out by the proposing parties.
The judge of the Constitutional Court shall be elected from among reputable lawyers who have turned at least 40 years of age and have 15 years of service in the legal profession.
Judges of the Constitutional Court shall elect from among their composition the president of the Constitutional Court for the period of three years.
The same person may be elected the president or judge of the Constitutional Court only once.
The president and judge of the Constitutional Court may not perform the duty of a Member of the Parliament or other public duty or professionally be engaged in any other activity.
Article 154. Cessation of duty
The duty of the President and the judge of the Constitutional Court shall cease prior to the expiry of the period for which he/she was elected, at his/her own request, when he/she fulfills the requirements for age pension or if he/she was sentenced to an unconditional imprisonment sentence.
The President and the judge of the Constitutional Court shall be released from duty if he/she has been found guilty of an offense that makes him/her unworthy of the duty, if he/she permanently loses the ability to perform the duty or if he/she expresses publicly his/her political convictions.
The Constitutional Court shall establish the emergence of reasons for cessation of duty or release from duty, in its session and shall inform the Parliament of that case.
The Constitutional Court may decide that the President or the judge of the Constitutional Court that penal action has been initiated against shall not perform the duty for the period of duration of that action.
