Part 2 of 14
Constitution of Montenegro: Structure and Key Provisions
Adopted on 19 October 2007 — 8 parts, 158 articles
Historical significance and founding principles
The Constitution of Montenegro, adopted on 19 October 2007 and officially proclaimed on 22 October of the same year, is the fundamental legal document defining the state and economic structure of the republic. This historically significant act replaced the 1992 constitution and was adopted shortly after Montenegro gained independence following the 2006 referendum.
The first article of the Constitution defines Montenegro as a civil, democratic, ecological state and a state of social justice, based on the rule of law. Particularly noteworthy is Montenegro's characterisation as an ecological state — this underscores the priority of environmental protection in state policy. This provision reflects Montenegro's unique constitutional identity.
The Constitution enshrines the state sovereignty and territorial integrity of Montenegro, declaring its territory unified and inalienable. The country functions as a unitary state. A cornerstone constitutional principle is the separation of powers into legislative, executive and judicial branches; the President does not formally belong to any of the three branches — ensuring a system of checks and balances.
Structure of the Constitution — eight parts
Defines the fundamental principles of Montenegro's state structure. Enshrines the state system, describes state symbols (flag, coat of arms and anthem), designates the capital (Podgorica) and historic centre (Cetinje), establishes the state language, and regulates the relationship between the state and religious organisations. Key provision: religious communities are separated from the state.
Establishes equality before the law regardless of personal characteristics, guarantees personal inviolability, the right to a fair trial and other fundamental rights. Special attention is given to the rights of national minorities: protection from forced assimilation, right to use one's language, education in one's mother tongue, representation in parliament, and establishment of councils for the protection of special rights. Enshrines the protection of motherhood and childhood.
Details the rights and duties of the Skupština (81 deputies, 4-year term, universal direct elections), the President (5-year term, direct elections), the Government (confirmed by the Skupština on the President's proposal), and the procedure for Skupština sessions. Embodies the principle of separation of powers and a system of checks and balances.
Declares the unity of the economic space, establishes the obligation to pay taxes, defines the functions and powers of the Central Bank of Montenegro, and establishes the State Audit Institution. Guarantees the right to property: no one may be deprived of or restricted in property rights without public interest and due compensation. The right to inheritance is also constitutionally protected.
Establishes the principles of constitutionality and legality, defines the hierarchy of legal acts and their conformity with the Constitution. Prohibits (with some exceptions) the retroactive application of laws. Article 9: ratified and published international treaties are an integral part of the national legal order and take precedence over national legislation.
Devoted to the Constitutional Court of Montenegro. Defines its powers: reviewing the conformity of laws with the Constitution and international treaties, examining constitutional complaints about violations of rights and freedoms, resolving disputes about competence between state bodies, and deciding questions of constitutionality under martial law or states of emergency.
Regulates the procedure for amending the Basic Law. Amendments may be proposed by the President, Parliament or no fewer than 25 deputies. For the most important provisions a national referendum is required. The strict procedure ensures the stability of the constitutional order.
Regulates the continuity of state bodies and legislation during the transitional period, ensuring uninterrupted functioning of state institutions.
Rights of national minorities
The Constitution grants national minorities a wide range of special rights. They are guaranteed:
- •The right to use national symbols
- •The right to use their language and script in private, public and official spheres
- •The right to education in their language
- •The right to genuine representation in the Parliament of Montenegro and in local self-government assemblies
- •The right to establish councils for the protection and development of special rights
Property rights guarantees
The Constitution provides that no one may be deprived of or restricted in property rights unless this is justified by public interest and with due compensation. The right to inheritance is also constitutionally protected. These guarantees create the legal foundation for a market economy and protection of the economic interests of citizens, including foreign investors and new residents.
Constitutional amendment procedure
A proposal to amend or revise the Constitution may be submitted by the President, Parliament or no fewer than 25 deputies. The proposal must identify the specific provisions to be changed and provide justification. For changes to particularly important provisions a national referendum is required. The strict procedure ensures the stability of the Basic Law and protects it from situational political changes.