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05-Apr-2023
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If the president were to announce the adopted laws, he would legitimize the work of the dissolved Assembly

Undeniable legal facts and notorious truths are the best allies of the legal and legitimate institutional behavior of the President of Montenegro in the current constitutional and legal situation and matter. As a reminder, on March 15 this year, at midnight, it was definitely confirmed that the mandate proposed by the Assembly did not have the sincere, realistic and concrete support of the changing parliamentary majority to form the 44th Government - neither last year, nor this year - at any time. it is stated in the press release of Boris Bastijančić, adviser to the President for the constitutional system and legal issues, on the occasion of the promulgation of adopted laws in the Parliament after its mandate ended.
We transmit the announcement in its entirety:
"By wasting the prescribed period of 90 days for such an announced act, established by a pseudo-law that innovated the Law on the President of Montenegro, a clear basis was created, i.e. the necessary legal conditions were met and the generally known factual situation was rounded off, that in the end, according to in accordance with the letter and spirit of the Constitution, specifically on the basis of Article 92 paragraph 3 and norms of greater force than the law, and with the same result, the head of state passed the Decree on the dissolution of the 27th convocation of the Assembly of Montenegro, which he did on March 16. On that day, the Assembly of Montenegro And this is quite clear, easy to understand by simply reading the Constitution of Montenegro, specifically Article 84 paragraph 2, which expressly states: "The mandate of the Assembly may end before the time for which it was elected by dissolving or shortening the mandate of the Assembly.
Following the normalized constitutional course of institutional action, interpreting and applying Article 92 paragraph 5 of the highest legal act, along with the system-related norms of the Law on the Election of Councilors and Members of Parliament, the next day the President of Montenegro issued a Decision on calling for early elections for Members of Parliament, setting June 11 as the date their maintenance.
Certainly, from a formal and substantive point of view, with strict respect for the Constitution of Montenegro, laws and the overall legal system of the country, all in the light of the rule of law and the inviolable public interest, the respective legal acts of the head of state are legal, sustainable, legitimate and very necessary for our society and in his best interest.
In accordance with everything mentioned, all competent state bodies acted in an appropriate, established, known and expected way, except for the Parliament of Montenegro, which, according to the statements of its management, continues its work at "full capacity", as if nothing had happened in the meantime, that is, despite the Decree on its dissolution which is in force and the termination of its mandate by force of the constitution. The non-appearance of 40 deputies to the convened sessions, while certain deputies who attend them do not hesitate to publicly and indisputably qualify that work as illegitimate, speaks volumes about the current work and capacity of the highest legislative chamber.
If the President of Montenegro were to promulgate the laws adopted on March 20 and later, he would legitimize the work of the dissolved Assembly, whose mandate has ended, and in that case effectively delegitimize his own Decree, thus joining the inappropriate anti-constitutional round of extended duration, which numerous distinguished Montenegrin lawyers warn about almost daily , NGO sector and relevant international partners.
Therefore, bearing in mind the above, let the democratic Montenegrin public authoritatively (evaluate) whose institutional behavior is unacceptable, not only from a legal point of view but also from a common sense logic".
M. J.

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