Podgorica, (MINA) - President Jakov Milatovic has submitted a request for a review of the constitutionality of Article 15 of the Law on the Constitutional Court of Montenegro, which stipulates that a judge of the Constitutional Court whose mandate has expired can continue to perform that function until a new judge is elected, but not longer than one year.

Milatovic, according to a press release from his office, proposed that the Constitutional Court also issue a decision ordering that, pending a final decision on his proposal, the execution of an individual act of the Parliament adopted on December 28, which established that Desanka Lopicic continues to perform the function of a judge of the Constitutional Court until a new judge is elected, is suspended.

He said that the amendment to the Constitution of Montenegro (which replaced Article 153 of the Constitution) established that judges of the Constitutional Court are elected for a 12-year term.

Milatovic assessed that, accordingly, it is clear that the provision of Article 15 of the Law is in contradiction with that amendment of the Constitution.

“On the contrary, the contested provision of Article 15 of the Law on the Constitutional Court of Montenegro foresees the possibility to extend the exercise of office of a Constitutional Court judge, whose mandate has ended, after the end of the constitutionally prescribed term of office”, the explanation reads.

It is further noted that by doing so, the legislator deconstitutionalizes the cited constitutional provision and derogates from Article 145 of the Constitution, according to which the law must be consistent with the Constitution.