Đukanović sent back for reconsideration the amendment of the Law on the President

The President of Montenegro, Milo Đukanović, returned the amendments to the Law on the President, which were adopted on November 2, to the Assembly for reconsideration.
The amendments to the Law, which were voted for by 41 MPs, provide that, if the President of the State proposes a representative for the composition of the government, the candidate who has the clear support of the majority of MPs will be considered as the representative.
Advisor to the President of the State for the Constitutional System and Legal Affairs, Boris Bastijančić, announced that Đukanović's letter was delivered today to the President of the Assembly, Danijela Đurović.
Bastijančić said that Đukanović indicated in the letter that the potential promulgation of this law, its entry into force and the actions of the President of Montenegro in accordance with its text, effect, meaning and spirit would inevitably open up the question of preserving constitutionality and legality.
"And legal security in the political and legal system of the State, under the auspices of inter-institutional nomotechnical contamination and confusion of the constitutional competences of the most important state bodies, which base their legitimacy of government on the will of citizens expressed through separate election processes held at certain time intervals according to established and reliable procedures", he stated is Bastijančić.
As he said, stating the reasons for returning the Law to the Assembly for re-decision, Đukanović stated that it would create obviously undemocratic assumptions for the destruction of a constitutional good such as the principle of power sharing based on balance and mutual control.
"And not on the usurpation of a part of the executive power, which is held by the President of Montenegro, and that by the Assembly as the highest house of state legislative activities, which would, otherwise, be approached in the end with the legal engineering in question," added Bastijančić.
He said that there would be an unfounded move towards disrespecting the constitutional ban on the retroactive effect of laws and other regulations, with a direct reflection on the field of the Montenegrin constitutional system and the postulates of constitutional law in general, with the highest degree of danger of the probable collapse of the state legal order, the dismantling of institutions and flagrant disregard of universal legal principles. values ​​of modern democratic systems of government.
As Bastijančić said, the domestic professional public, the non-governmental sector, as well as representatives of respectable international subjects and partners, proactively, clearly and worriedly point to this.
Bastijančić said that the parliamentary organization of government, which is in force in Montenegro, as one of the classified forms of government in the constitutional and general theory of law, as well as in legal and political practice, would "essentially slip and actually transform into a centralized parliamentary system".
"And not through the well-known complex constitutional revision procedure of our highest legal act, but through the inadmissible derogation of constitutional norms by legal, i.e., normative encroachment on an unknown and unacceptable European-continental system of law - a system whose legacy is the heritage and the Montenegrin legal climate", pointed out Bastijančić .
As he said, Đukanović is of the opinion that, viewed through the prism of the rule of law, all of this would inevitably lead to the establishment of a suitable environment where, together with the previous questionable and atypical actions of the parliamentary leadership and the changing parliamentary majority, the imperative of permanently affirming the standards of the impersonal structure of government is ignored.
"Then the essential substantive and procedural legitimacy of the law, as a feature by which legally regulated states and organized societies strikingly differ and separate from those that are not," stated Bastijančić.

I.Božović