Podgorica, (MINA) - The chain of command in the army must not be subject to broad legal interpretation, but must remain strictly within the framework of the Constitution, said retired admiral and former Chief of the General Staff of the Army of Montenegro (VCG), Dragan Samardzic.

He said this commenting on President Jakov Milatovic’ initiative submitted to the Constitutional Court to examine the constitutionality of certain provisions of the Law on the Armed Forces, which grant the Minister of Defense the authority to decide on the use of the Armed Forces and to appoint, dismiss and promote officers.

Samardzic told the daily Pobjeda that only a clearly defined and hierarchically consistent system can guarantee the effective decision-making and full democratic control over the army, and that it is therefore good that the Constitutional Court will review these provisions.

According to him, the initiative to assess the constitutionality of certain provisions of the Law “opens up an important issue of constitutional balance within the defense system”.

“The Constitution clearly defined that the Defense and Security Council is the key body responsible for commanding the army at the strategic level, especially when it comes to the use of the Army and the management of officers’ careers”, said Samardzic.

He said that any legal solution that de facto transfers this competence to the executive branch deserves serious constitutional review.

Samardzic sees as particularly problematic those provisions that allow the minister to appoint acting officers.