Part 9 of 14
Constitutional Court of Montenegro
Status, powers and role in the legal system
Historical Background
The Constitutional Court of Montenegro has a rich history with roots in the SFRY period. It was established by the SFRY Constitution in 1963 and began its work on 15 February 1964 as the constitutional body of the Socialist Republic of Montenegro within Yugoslavia. The court's primary task was judicial protection of constitutionality at the republic level.
After the dissolution of the SFRY, the Constitutional Court was reconstituted under the 1992 Constitution of Montenegro. With Montenegro gaining independence in 2006, the court became a fully independent body within the new sovereign state.
The constitutional reform of 2013–2014 introduced significant changes to the status and organisation of the court: strengthening the independence of the constitutional review body, ensuring administrative autonomy, and increasing the transparency and openness of constitutional proceedings. On 27 December 2013, a new composition of the court was formed, which began work at the start of 2014.
Constitutional and Legal Status
The Constitutional Court of Montenegro occupies a special position in the system of state bodies. The current Constitution regulates its status in Chapter 6 and defines in Article 11 that constitutionality and legality are protected by the Constitutional Court.
In Montenegro, as in other republics of the former Yugoslavia, the "Italian approach" to constitutional regulation is used: the court is not explicitly assigned to the judicial branch of power, which further emphasises its independence and autonomy from all branches of government, including the judiciary. This approach provides the Constitutional Court with the special status of guardian of the constitutional order.
Composition and Formation Procedure
Judges of the Constitutional Court are elected to their posts by the Skupština (parliament) of Montenegro on the proposal of the President. The prohibition on re-election promotes renewal of the court's composition and prevents the concentration of power. The President of the Constitutional Court is elected by the judges themselves from among their number for a term of 3 years — this ensures internal autonomy and the principle of collegiality.
As of 2023, only 3 of 7 judges were serving on the Constitutional Court, which created significant problems for the full functioning of this important constitutional review body.
Powers (Article 149 of the Constitution)
The competence of the Constitutional Court is defined in the Constitution exhaustively, and the Law on the Constitutional Court does not expand its scope. The court's powers include:
- •Deciding on the conformity of laws with the Constitution and ratified international treaties
- •Deciding on the conformity of other normative and general acts with the Constitution and the law
- •Reviewing constitutional complaints concerning violations of human rights and freedoms guaranteed by the Constitution, after all effective legal remedies have been exhausted
- •Determining whether the President of Montenegro has violated the Constitution
- •Resolving jurisdictional disputes between courts and other state bodies, and between state bodies and local self-government bodies
- •Deciding on the conformity with the Constitution of measures and actions of state bodies under conditions of war or a state of emergency
- •Protecting the right to local self-government
The Constitutional Complaint as a Mechanism for Protecting Citizens' Rights
One of the most important powers is reviewing constitutional complaints concerning violations of human rights and freedoms guaranteed by the Constitution. A constitutional complaint is a special legal remedy available to citizens and legal entities after all effective legal remedies in the ordinary court system have been exhausted.
The subject of a constitutional complaint may be individual acts of state bodies, local self-government bodies and other bodies exercising public powers, which violate the applicant's constitutional rights.
Upon finding a violation, the Constitutional Court quashes the contested act in whole or in part and refers the case for a fresh hearing. Decisions of the Constitutional Court are final and binding. An act declared unconstitutional loses legal force from the moment the decision is published.
Procedure and Parties Entitled to Apply
The Constitutional Court may initiate proceedings on the initiative of authorised parties — state bodies, local self-government bodies, as well as legal entities and natural persons in cases provided for by law. In addition, the court may initiate a review of the constitutionality of normative acts on its own initiative.
Decisions of the Constitutional Court are published in the Official Gazette of Montenegro and have universally binding force. Through its jurisprudence, the court elaborates the content of constitutional norms, principles and values, contributing to their effective implementation in legislation and law enforcement practice.