Podgorica, (MINA) – President of Montenegro Jakov Milatovic has requested a review of the constitutionality of Article 15 of the Law on the Constitutional Court, which stipulates that a Constitutional Court judge whose term of office has expired may continue to perform duties until a new one is elected.

The President’s office announced that Milatovic submitted on Monday a motion to the Constitutional Court for a review of the constitutionality of the Article 15.

In his explanation, Milatovic stated that the amended Article 15 of the Law on the Constitutional Court, as was the case with previous version of the same article which is no longer in force, contradicts the provisions of the Constitution of Montenegro.

In the explanation, it is added that by amendment 16, paragraph 2 of the Constitution, which replaced Article 153, it was established that judges of the Constitutional Court are elected for a 12 years term.

“According, it is clear that the provision of Article 15 of the Law on the Constitutional Court is in contradiction with Amendment 16, Paragraph 2 of the Constitution of Montenegro”, the explanation states.

Milatovic pointed out that the earlier version contained a similar provision, which had been considered constitutionally contentious by legal experts.

The explanation further added that, given previous experience in appointing the missing judges of the Constitutional Court, it is certain that the process of selection of new judges could be delayed indefinitely in the future for political reasons, while the contested provision creates an unconstitutional basis.