Podgorica, (MINA) - President Jakov Milatovic has submitted a proposal to the Constitutional Court for the review of the constitutionality of Article 54 of the Law on the Constitutional Court of Montenegro, which specifies the entities that can initiate proceedings for assessing a law’s compliance with the Constitution and international treaties.

In the explanation of the proposal, Milatovic argues that the contested provision of Article 54 paragraph 1 point 2 of the Law on the Constitutional Court is not in accordance with the provision of Article 150 paragraph 2 of the Constitution of Montenegro.

“The provisions of Article 54 paragraph 1, of the Law on the Constitutional Court of Montenegro define which entities can submit a proposal for the assessment of compliance of the law with the Constitution and ratified international treaties, i.e., other regulations and general acts with the Constitution and the law,” the explanation says.

It is stated that in contested point 2 of the same article, allows “another state body” to initiate such proceedings only if the law or regulation in question is applied by that body in its work. 

He said that the provisions of Article 150, Paragraph 2 of the Constitution of Montenegro established that proceedings before the Constitutional Court for the assessment of constitutionality and legality can be initiated by the court, any state body, a local self-government body or five members of the Parliament.

“Therefore, the Constitution of Montenegro does not foresee any restrictions when it comes to state bodies, authorized to initiate proceedings for the evaluation of constitutionality and legality”, said Milatovic.

Milatovic remarked that it is clear that in this way the provision of Article 150 paragraph 2 of the Constitution is being derogated from and that constitutional provision is being “deconstitutionalize”".

The explanation further stated that, when it comes to the President of Montenegro, this limitation is particularly controversial, given the President’s constitutional role in the legislative process.

“The President has the authority to return the adopted laws for re-decision to the Parliament of Montenegro (without restrictions regarding the jurisdiction for implementation), as well as the practice of using these powers to a significant extent when there are doubts regarding its compliance with the Constitution”, the explanation reads.