Podgorica, (MINA) - President Jakov Milatovic has returned the Law amending the Law on the Constitutional Court, adopted by the Parliament on Friday, for reconsideration.

In his explanation, Milatovic recalled that Article 3 of the adopted law prescribes, among other things, the possibility for a Constitutional Court judge, whose mandate has ended due to meeting old-age pension requirements or the expiration of the term of office, to continue to perform the function until the election of a new judge.

He said that he fully supports efforts to constitutionally introduce unblocking mechanisms in the legal order that would enable continuous and smooth functioning of institutions, but that the provision of Article 3 of the adopted Law is disputed in terms of its compliance with Amendment 16 paragraph 2 of the Constitution of Montenegro.

“With that amendment, the Constitution clearly and imperatively stipulates that the mandate of the Constitutional Court judges lasts 12 years, leaving no basis for extending the mandate or continuing the function after its expiration”, emphasized Milatovic.

He stated that the provision of Article 3 of the adopted law allows judges to continue their work even after the expiration of the constitutionally defined term.

“By comparing the previous norm, which limited the exercise of the function to one year after the expiration of the mandate, and the new solution, according to which this possibility is unlimited in duration (that is, it lasts until the election of a new judge), it can be concluded that the new article does not resolve the existing problem, but on the contrary, makes it even more complex”, the explanation reads.

Milatovic pointed that he had submitted a proposal to the Constitutional Court for the evaluation of the constitutionality of the existing Article 15, as well as that the proceedings on that proposal are ongoing.