PART 3. ORGANIZATION OF POWERS
1. PARLIAMENT OF MONTENEGRO
Article 82. Responsibility
The Parliament shall:
- Adopt the Constitution;
- Adopt laws;
- Adopt other regulations and general acts (decisions, conclusions, resolutions, declarations and recommendations);
- Proclaim the state of war and the state of emergency;
- Adopt the budget and the final statement of the budget;
- Adopt the National security strategy and Defense strategy;
- Adopt the Development plan and Spatial plan of Montenegro;
- Decide on the use of units of the Army of Montenegro in the international forces;
- Regulate the state administration system;
- Perform supervision of the army and security services;
- Call for the national referendum;
- Elect and dismiss from duty the Prime Minister and members of the Government;
- Elect and release from duty the judges of the Constitutional Court, Supreme State Prosecutor and four members of the Judicial Council out of reputable lawyers;
- appoint and release from duty: the Protector of Human Rights and Liberties; the Governor of the Central Bank and members of the Council of the Central Bank of Montenegro; president and members of the Senate of the State Audit Institution and other officials as defined by the law;
- Decide on immunity rights;
- Grant amnesty;
- Confirm international agreements;
- Call for public loans and decide on credits of Montenegro;
- Decide on the use of state property above the value stipulated by the law;
- Perform other duties stipulated by the Constitution or the law.
Article 83. Composition of the Parliament
The Parliament shall consist of the Members of the Parliament elected directly on the basis of the general and equal electoral right and by secret ballot.
The Parliament shall have 81 Members.
Article 84. Mandate of the Parliament
The mandate of the Parliament shall last for four years.
The mandate of the parliament may cease prior to the expiry of the period for which it was elected by dissolving it or reducing the mandate of the Parliament.
If the mandate of the Parliament expires during the state of war or the state of emergency, the mandate shall be extended for the period of up to 90 days upon termination of the circumstances that have caused such state.
At the proposal of the President of Montenegro, the Government or minimum 25 MP’s, the Parliament may reduce the duration of its mandate.
Article 85. Rights and responsibilities of the Members of the Parliament
Member of the Parliament shall decide and vote according to his/her own conviction.
Member of the Parliament shall have the right to perform the duty of an MP as an occupation.
Article 86. Immunity
Member of the Parliament shall enjoy immunity.
Member of the Parliament shall not be called to criminal or other account or detained because of the expressed opinion or vote in the performance of his/her duty as a Member of the Parliament.
No penal action shall be taken against and no detention shall be assigned to a Member of the Parliament, without the consent of the Parliament, unless the Member has been caught performing a criminal offense for which there is a prescribed sentence of over five years of imprisonment.
The President of Montenegro, the Prime Minister and members of the Government, the President of the Supreme Court, the President and the judges of the Constitutional Court, and the Supreme State Prosecutor shall enjoy the same immunity as the Member of the Parliament.
Article 87. Cessation of mandate of the Member of the Parliament
Mandate of a Member of the Parliament shall cease prior to the expiry of the period for which he/she was elected:
- By resignation;
- If he/she was convicted by an enforceable decision of the court to an imprisonment sentence of minimum six months;
- If he/she was deprived of the ability to work by an enforceable decision;
- Due to cessation of Montenegrin citizenship;
Article 88. Constitution of the Parliament
The first session of the newly elected composition of the Parliament shall be called for by the Speaker of the previous composition of the Parliament and it shall be held within 15 days from the date of publication of the final results of the elections.
Article 89. Speaker and Deputy Speaker of the Parliament
The Parliament shall have a Speaker and one or more Deputy Speakers, elected from its own composition for the period of four years.
Speaker of the Parliament shall represent the Parliament, call for the sessions of the Parliament and chair them, take care of the enforcement of the Rules of Procedure of the Parliament, call for elections for the President of Montenegro and perform other affairs stipulated by the Constitution, the law and the Rules of Procedure of the Parliament.
The Deputy Speaker shall substitute the Speaker of the Parliament in the performance of affairs when the Speaker is prevented to do so or when the Speaker entrusts the Deputy Speaker the duty to substitute him.
Article 90. Sessions of the Parliament
The Parliament shall work in regular and extraordinary sessions.
Regular sessions shall be held twice a year.
The first regular session shall start on the first working day in March and shall last until the end of July, and the second one shall start on the first working day in October and shall last until the end of December.
Extraordinary session shall be called for at the request of the President of Montenegro, the Government or minimum one third of the total number of Members of the Parliament.
Article 91. Decision-making
The Parliament shall decide by majority vote of the present Members of the Parliament in the session attended by over one half of the total number of Members, unless otherwise regulated by the Constitution.
With majority vote of all its Members, the Parliament shall adopt laws regulating the following: manner of exercising liberties and rights of citizens, Montenegrin citizenship, referendum, material responsibilities of citizens, state symbols and use and application of state symbols, defence and security, army; founding, merger and abolition of municipalities; and shall proclaim state of war and state of emergency; adopt spatial plans; pass the Rules of Procedure of the Parliament; make decisions regarding the calling for state referendum; make decisions on reducing terms of office; make decisions on releasing the president of Montenegro from duty; elect and release Prime Minister and members of the Government from duty and make decisions on confidence in the Government; appoint and release the Protector of Human Rights and Liberties from duty.
The Parliament shall elect and release from duty the judges of the Constitutional Court, the Supreme State Prosecutor and four members of the Judicial Council from among reputable lawyers by two-third majority vote in the first voting and by three-fifth majority in the second voting of all the Members of the Parliament no sooner than a month.
In the first voting the Parliament shall elect the Supreme State Prosecutor at proposal of the Prosecution Council. If the proposed candidate is not supported by the required majority, in the second voting the Parliament shall elect the Supreme State Prosecutor from among all the candidates that meet the legal requirements.
Article 92. Dissolution of Parliament
The Parliament shall be dissolved if it fails to elect the Government within 90 days from the date when the President of Montenegro proposed for the first time the candidate for the position of the Prime Minister.
If the Parliament does not perform its duties established by the law for a longer period of time, the Government may dissolve the Parliament upon hearing the opinion of the Speaker of the Parliament and the presidents of the caucuses in the Parliament.
The Parliament shall be dissolved by the Ordinance of the President of Montenegro.
The Parliament shall not be dissolved during the state of war or state of emergency, if the ballot procedure of no confidence in the Government has been initiated, and in the first three months from its constitution and the three months prior to the expiry of its mandate.
The President of Montenegro shall call for the elections the first day after the dissolution of the Parliament.
Article 93. Proposing laws and other acts
The right to propose laws and other acts shall be granted to the Government and the Member of the Parliament.
The right to propose laws shall also be granted to six thousand voters, through the Member of the Parliament they authorized.
The proposal to call for the national referendum may be submitted by: at least 25 Members of the Parliament, the President of Montenegro, the Government or at least 10% of the citizens with the right to vote.
Article 94. Proclamation of laws
The President of Montenegro shall proclaim the law within seven days from the day of adoption of the law, that is, within three days if the law has been adopted under a speedy procedure or send the law back to the Parliament for new decision-making process.
The President of Montenegro shall proclaim the re-adopted law.
2. PRESIDENT OF MONTENEGRO
Article 95. Responsibility
The President of Montenegro:
- Represents Montenegro in the country and abroad;
- Commands over the Army on the basis of the decisions of the Defense and Security Council;
- Proclaims laws by Ordinance;
- Calls for the elections for the Parliament;
- Propose to the Parliament: the Prime Minister-Designate for composition of the Government after the completion of the discussions with the representatives of political parties represented in the Parliament; two judges of the Constitutional Court and the Protector of Human rights and Liberties;
- Appoints and revokes ambassadors and heads of other diplomatic missions of Montenegro abroad, at the proposal of the Government and after obtaining the opinion of the Parliamentary Committee responsible for international relations;
- Accepts letters of accreditation and revocation of the foreign diplomats;
- Awards medals and honors of Montenegro;
- Grants amnesty;
- Performs other tasks stipulated by the Constitution or the law.
Article 96. Election
The President of Montenegro shall be elected on the basis of a general and equal electoral right, through direct and secret ballot.
A Montenegrin citizen residing in Montenegro for minimum 10 years in the past 15 years may be elected for the President of Montenegro.
The Speaker of the Parliament shall call for the elections for the President of Montenegro.
Article 97. Mandate
The President of Montenegro shall be elected for the period of five years.
The same person may be elected the President of Montenegro maximum two times.
The President of Montenegro shall assume the duty on the date of taking an oath before the Members of the Parliament.
If the mandate of the President expires during the state of war or the state of emergency, the mandate shall be extended for maximum 90 days after the end of circumstances that have caused that state.
The President of Montenegro shall not perform any other public duty.
Article 98. Cessation of mandate
The mandate of the President of Montenegro shall end with the expiry of time for which he/she was elected, by resignation, if he/she is permanently unable to perform the duty of the President and by impeachment.
The President shall be held responsible for the violation of the Constitution.
The procedure to determine whether the President of Montenegro has violated the Constitution shall be initiated by the Parliament, at the proposal of minimum 25 Members of the Parliament.
The Parliament shall submit the proposal to initiate the procedure to the President of Montenegro for plead.
The Constitutional Court shall decide on existence or non-existence of violation of the Constitution and shall publish the decision and submit it to the Parliament and the President of Montenegro without delay.
The Parliament may impeach the President of Montenegro when the Constitutional Court finds that he/she has violated the Constitution.
Article 99. Discharge of duties in case of impediment or cessation of mandate
In case of cessation of mandate of the President of Montenegro, until the election of the new President, as well as in the case of temporary impediment of the President to discharge his/her duties, the Speaker of the Parliament shall discharge this duty.
3. GOVERNMENT OF MONTENEGRO
Article 100. Responsibility
The Government shall:
- Manage internal and foreign policy of Montenegro;
- Enforce laws, other regulations and general acts;
- Adopt decrees, decisions and other acts for the enforcement of laws;
- Sign international agreements;
- Propose the Development plan and Spatial plan of Montenegro;
- Propose the Budget and the Final Statement of the Budget;
- Propose the National Security Strategy and Defense Strategy;
- Decide on the recognition of states and establishment of diplomatic and consular relations with other states;
- Nominate ambassadors and heads of diplomatic missions of Montenegro abroad;
- Perform other tasks stipulated by the Constitution or the law.
Article 101. Decrees with legal power
During the state of war or the state of emergency, the Government may adopt decrees with legal power, if the Parliament is not able to meet.
The Government shall submit the decrees with legal power to the Parliament for confirmation as soon as the Parliament is able to meet.
Article 102. Composition of the Government
The Government shall consist of the Prime Minister, one or more Deputy Prime Ministers and the ministers.
The Prime Minister represents the Government and manages its work.
Article 103. Election
The President of Montenegro proposes the mandator within 30 days from the day of constitution of the Parliament.
The candidate for the position of the Prime Minister presents to the Parliament his/her program and proposes composition of the Government.
The Parliament shall decide simultaneously on the program of the mandator and the proposal for the composition of the Government.
Article 104. Incompatibility of duties
The Prime Minister and the member of the Government shall not discharge duties of a Member of the Parliament or other public duties or professionally perform some other activity.
Article 105. Resignation and impeachment
The Government and the member of the Government may resign from duty.
Resignation of the Prime Minister shall be considered the resignation of the Government.
The Prime Minister may propose to the Parliament to impeach a member of the Government.
Article 106. Issue of confidence
The Government may raise the issue of confidence in it before the Parliament.
Article 107. Issue of no confidence
The Parliament may vote no confidence in the Government.
The proposal for no confidence ballot regarding the Government may be submitted by minimum 27 Members of the Parliament.
If the Government gained confidence, the signatories of the proposal shall not submit a new proposal for no confidence ballot prior to the expiry of the 90 days deadline.
Article 108. Interpellation
The interpellation to examine certain issues regarding the work of the Government may be submitted by minimum 27 Members of the Parliament.
The interpellation shall be submitted in written form and shall be justified.
The Government shall submit an answer within thirty days from the date of receipt of interpellation.
Article 109. Parliamentary investigation
The Parliament may, at the proposal of minimum 27 Members of the Parliament, establish a Fact-finding Commission in order to collect information and facts about the events related to the work of the state authorities.
Article 110. Cessation of mandate
The Government mandate shall cease: with the expiry of the Parliament mandate, by resignation, when it loses confidence and if it fails to propose the Budget by March 31 of the budgetary year.
The Government whose mandate has ceased shall continue with its work until the election of the new composition of the Government.
The Government whose mandate has ceased shall not dissolve the Parliament.
Article 111. Civil service
The duties of the civil service shall be discharged by the ministries and other administrative authorities.
Article 112. Delegation and entrusting of duties
Individual duties of the civil service may be delegated to the local self-government or other legal person by the law.
Individual duties of the civil service may be entrusted to the local self-government or some other legal entity by the regulation of the Government.
4. LOCAL SELF-GOVERNMENT
Article 113. Manner of decision-making
In the local self-government the decisions shall be made directly and through the freely elected representatives.
The right to local self-government shall include the right of citizens and local self-government bodies to regulate and manage certain public and other affairs, in their own responsibility and in the interest of the local population.
Article 114. Form of local self-government
The basic form of the local self-government shall be the municipality.
It shall also be possible to establish other forms of local self-government.
Article 115. Municipality
The municipality shall have the status of a legal entity.
Municipality shall adopt the Statute and General Acts.
Authorities of the municipality shall be the Assembly and the President.
Article 116. Property-related powers and financing
The Municipality shall exercise certain property related powers over the state owned assets in accordance with the law.
The Municipality shall have property.
The Municipality shall be financed from its own resources and the assets of the state.
The Municipality shall have a budget.
Article 117. Autonomy
The Municipality shall be autonomous in the performance of its duties.
The Government may dismiss the municipal Assembly, that is, discharge the President of the municipality from duty, only if the municipal assembly, that is, the President of the municipality, fails to perform the duties thereof for a period longer than six months.
5. JUDICIARY
Article 118. Principles of the judiciary
The court is autonomous and independent.
The court shall rule on the basis of the Constitution, laws and confirmed and published international agreements.
Establishment of court marshal and extraordinary courts shall be prohibited.
Article 119. Panel of judges
The court shall rule in panel, except when the law stipulates that an individual judge shall rule.
Lay-judges shall also participate in the trial in cases stipulated by the law.
Article 120. Publicity of trial
The hearing before the court shall be public and judgments shall be pronounced publicly.
Exceptionally, the court may exclude the public from the hearing or one part of the hearing for the reasons necessary in a democratic society, only to the extent necessary: in the interest of morality; public order; when minors are trialed; in order to protect private life of the parties; in marital disputes; in the proceedings related to guardianship and adoption; in order to protect military, business or official secret; and for the protection of security and defense of Montenegro.
Article 121. Standing duty
The judicial duty shall be permanent.
The duty of a judge shall cease at his/her own request, when he/she fulfills the requirements for age pension and if the judge has been sentenced to an unconditional imprisonment sentence.
The judge shall be released from duty if he/she has been convicted for an act that makes him unworthy for the position of a judge; performs the judicial duty in an unprofessional or negligent manner or loses permanently the ability to perform the judicial duty.
The judge shall not be transferred or sent to another court against his/her will, except by the decision of the Judicial Council in case of reorganization of courts.
Article 122. Functional immunity
The judge and the lay judge shall enjoy functional immunity.
The judge and the lay judge shall not be held responsible for the expressed opinion or vote at the time of adoption of the decision of the court, unless this represents a criminal offense.
In the proceedings initiated because of the criminal offense made in the performance of judicial duty, the judge shall not be detained without the approval of the Judicial Council.
Article 123. Incompatibility of duties
The judge shall not discharge duties of a Member of the Parliament or other public duties or professionally perform some other activity.
Article 124. Supreme Court
The Supreme Court shall be the highest court in Montenegro.
Supreme Court shall ensure uniform application of laws by courts and perform other activities prescribed by law.
The President of the Supreme Court shall be elected and released from duty by two-third majority of the Judicial Council, at proposal of the Supreme Court General Bench.
The President of the Supreme Court shall be elected for the period of five years.
The same person may be elected the president of the Supreme Court no more than two times.
Article 125. Election of judges
A Judge and a president of the court shall be elected and dismissed from duty by the Judicial Council.
The President of the court shall be elected for the period of five years.
The President of the court shall not be a member of the Judicial Council.
Article 126. Judicial Council
The Judicial Council shall be autonomous and independent authority that secures autonomy and independence of the courts and the judges.
Article 127. Composition of the Judicial Council
The Judicial Council shall have a president and nine members.
The members of the Judicial Council shall be:
- president of the Supreme Court;
- four judges to be elected and released from duty by the Conference of Judges, taking into account equal representation of courts and judges;
- four reputable lawyers that are elected and released from duty by the Parliament at proposal of the competent working body of the Parliament upon announced public invitation;
- Minister in charge of judicial affairs.
The President of the Judicial Council shall be elected by the Judicial Council from among its members who do not perform judicial functions, by two-third majority vote of the members of the Judicial Council.
The Minister in charge of judicial affairs may not be elected the president of the Judicial Council.
The vote of the President of the Judicial Council shall be decisive in case of equal number of votes.
The composition of the Judicial Council shall be proclaimed by the President of Montenegro.
The term of office of the Judicial Council shall be four years.
Article 128. Responsibility of the Judicial Council
The Judicial Council shall:
- elect and release from duty the president of the Supreme Court;
- elect and release from duty the president of the Judicial Council;
- submit the Report on the Performance of the Judicial Council and the Overall Judicial Situation to the Parliament;
- elect and release from duty the judge, the president of the court and the lay judge;
- deliberate on the report on the court activities, applications and complaints regarding the work of the court and take a standpoint with regard to them;
- establish the cessation of the judicial duty;
- establish the number of judges and lay judges;
- propose to the Government the amount of funds required for the work of courts;
- perform other duties as stipulated by the law.
The Judicial Council shall make decisions by majority vote of all its members except in the cases prescribed by the Constitution.
The Minister in charge of judicial affairs shall not vote in the disciplinary proceedings related to accountability of judges.
6. ARMY OF MONTENEGRO
Article 129. Principles
The Army shall defend independence, sovereignty and state territory of Montenegro, in accordance with the principles of international law regarding the use of force.
The Army shall be subject to democratic and civil control.
The members of the Army may be part of the international forces.
7. DEFENSE AND SECURITY COUNCIL
Article 130. Responsibility
The Defense and Security Council shall:
- Make decisions on commanding over the Army;
- Analyze and assess the security situation in Montenegro and decide to take adequate measures;
- Appoint, promote and discharge from duty the Army officers;
- Propose to the Parliament proclamation of the state of war and state of emergency;
- Propose the use of Army in international forces;
- Perform other duties stipulated by the Constitution and the law.
Article 131. Composition
The Defense and Security Council of Montenegro shall consist of the President of Montenegro, the Speaker of the Parliament and the Prime Minister.
The President of Montenegro shall act as the President of the Defense and Security Council.
Article 132. Proclamation of the state of war
The state of war shall be proclaimed when there is direct danger of war for Montenegro, when Montenegro is attacked or war is declared against it.
If the Parliament is not able to meet, the Defense and Security Council shall adopt the decision to proclaim the state of war and submit it to the Parliament for confirmation as soon as the Parliament is able to meet.
Article 133. Proclamation of the state of emergency
The state of emergency may be proclaimed in the territory or part of the territory of Montenegro in case of the following:
- Big natural disasters;
- Technical-technological and environmental disasters and epidemics;
- Greater disruption of public peace and order;
- Violation or attempt to abolish the constitutional order.
If the Parliament is not able to meet, the Defense and Security Council shall adopt the decision to proclaim the state of emergency and submit it to the Parliament for confirmation as soon as it is able to meet.
The state of emergency shall last until the circumstances that have caused it have ceased to exist.
8. STATE PROSECUTION
Article 134. Status and responsibility
The State Prosecution shall be a unique and independent state authority that performs the affairs of prosecution of the perpetrators of criminal offenses and other punishable acts who are prosecuted ex officio.
Article 135. Appointment and mandate
The affairs of the State Prosecution shall be carried out by the heads of the state prosecution offices and state prosecutors.
The Supreme State Prosecutor shall be elected and released from duty by the Parliament of Montenegro after the hearing with the competent working body of the Parliament, at proposal of the Prosecution Council, upon the announced public invitation.
The Supreme State Prosecutor and the heads of state prosecution offices shall be elected for the period of five years.
The function of the state prosecutor is permanent. Exceptionally, the person that is elected the state prosecutor for the first time shall be elected for the period of four years.
The term of office of the head of the state prosecution office and the state prosecutor shall cease or the same shall be released from duty in the cases and according to the procedure as defined by the law.
The head of the state prosecution office and the state prosecutor shall be released from duty if they are convicted to effective prison term by the final and binding judgment.
Article 136. Prosecutorial Council
The Prosecution Council shall ensure the autonomy of the state prosecution.
The Supreme State Prosecutor shall chair the Prosecution Council except in a disciplinary proceeding.
The composition, election, mandate, organisation and manner of work of the Prosecution Council shall be regulated by law.
The Prosecution Council shall:
- establish the proposal for the election of the Supreme State Prosecutor;
- elect and release from the duty the heads of the state prosecution offices and state prosecutors;
- establish the termination of the function of the heads of state prosecution offices and state prosecutors;
- propose to the Government the amount of funds for the work of the state prosecution;
- submit the Report on Performance of the State Prosecution to the Parliament;
- perform other activities as defined by the law.
The Prosecution Council shall make decisions by majority vote of all its members.
Article 137. Functional immunity
The head of the state prosecution office and the state prosecutor shall enjoy functional immunity and may not be invited to account for an opinion given or a decision made in performing their duties, except in the case of a criminal act.
Article 138. Incompatibility of duties
The head of the state prosecution office and the state prosecutor may not perform the duty of a Member of the Parliament or other public duty or professionally be engaged in any other activity.
