The Civic Alliance welcomes the election of the seventh judge of the Constitutional Court of Montenegro, which finally completes the composition of this important institution. The Constitutional Court can now perform its duties in full capacity and make decisions without hindrance.
Events from the previous period have more than clearly supported our claims that the election of only three judges of the Constitutional Court only resulted in a formal, but not essential, unblocking of the institution. This problem especially came to the fore in situations where the judges of the Constitutional Court were not able to make a decision due to an even number of judges.
We remind you that the Constitutional Court is of vital importance, because it initiates proceedings for the assessment of the conformity of laws with the Constitution, as well as proposals for the assessment of the conformity of other regulations and general acts. The Constitutional Court considers constitutional appeals due to violation of human rights, proposals to initiate proceedings against the President of Montenegro due to violation of the Constitution, decides on conflicts of jurisdiction, and considers proposals to ban the work of political parties or non-governmental organizations, as well as appeals in election disputes and disputes related to with the referendum.
The Constitutional Court faces more than 3,000 pending cases, especially in connection with constitutional appeals and initiatives for the evaluation of the constitutionality of legal acts. This has led us to a serious risk of losing the effectiveness of the constitutional appeal as a legal remedy in the national judicial system of Montenegro.
We expect that the Constitutional Court will intensify its work in the coming period and resolve all backlogged cases as soon as possible. The Constitutional Court of Montenegro must play a key role in maintaining the constitutional and legal order, protecting the rights of citizens, deciding on constitutional issues and contributing to the stability of the country’s legal system.
Only now can we talk about the essential unblocking of this institution, which laid the foundation for the implementation of the necessary reforms in the judiciary. Now it is up to the executive and legislative authorities to take responsibility and continue working to achieve judicial efficiency.
