WORLD NEWS FOR MONTENEGRO DIASPORA
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he current political crisis could have been avoided and resolved that the authorities of Montenegro had been managed by the principle of loyal cooperation between state organs. This, among other things, writes in the conclusions of the draft opinion of the Venetian Commission to amend the Law on the President in which the victory had insight.
Disrespecting institutions and citizens
- The rejection of the president to propose a candidate for the prime minister for the formation of the Government or to appoint the one proposed by the Assembly majority, the absence of political consultations or rejection to participate in them, mutual accusations of unconstitutional behavior, threats to the Boycott of Parliament, or by declining, rejecting the election of the Constitutional Court's judge, all To the hasty legislative initiative, which was materialized in the Law on Amendments to the President of the President, there are symptoms of disrespect for institutions and citizens, as well as poor political and constitutional culture - it was assessed in the draft of VK.
The Venetian Commission also recommends that the amendments are not adopted through ordinary law, and therefore the Law on Amendments to the Law on the President is not adopted, and invites the responsibility of the state institutions and each individual Prophet, as well as all political parties to participate in constructive resolving the current cooker.
- The crisis cannot be resolved by the constitutionally problematic changes to the ordinary law. Not all details in the Government formation process can be regulated legally, but much must be left to constitutional conventions. However, they can only develop with the respect of the principle of loyal cooperation. If additional legal provisions are required, they should not be adopted by a simple assembly majority, but a qualified mostly through the inclusive process that gives space for public debate - the Venetian Commission points out.
A qualified majority
However, they add, the achievement of a qualified majority requires the respect of the principle of loyal cooperation.
- If on the one hand of this provision of the law can be considered a pragmatic attempt to supplement the gaps in the Constitution in a way that would facilitate the formation of the Government, on the other hand, the procedural boundaries for the audit of the Constitution must be respected in the Division of Opinion VK.
They also call for finding a constructive compromise necessary to make vital decisions, including a special election of the Constitutional Court judges - concluded in the opinion of the Venetian Commission.
The document in which the victory had insight, it is recalled that Djukanovic asked the Venetian Commission an urgent opinion on the constitutionality of the Law on Amendments to the Law on the President of Montenegro, to which he put Veto and returned it to Parliament.
Parliament scheduled the review of the law for December 12, 2022.
Representatives of the Assembly majority, as well as parliamentary opposition, also expressed interest in gaining the opinion of the Venetian Commission before the next assembly session.
constitutional Court
The conclusions state that constitutional courts are decided by constitutional courts, and that the Venetian Commission does not want, nor does it have a mandate to interfere with the role of these courts. However, he recalls that the Constitutional Court of Montenegro cannot currently function because of the lack of quorum.
The Venetian Commission, according to the statement, analyzed the constitutional provisions on the formation of the Government, which are really scarce, and found that the amendments to the President's Law not only clarify these provisions, but also against them.
- Changing the provisions on the formation of the authorities through the Law on Amendments to the Law on the President, which is an ordinary law, would mean, therefore, a change in the Constitution less than the one that the Constitution requires (41 Voice instead of 54) - states in opinion.
Although the Commission admits that the Constitution would benefit the additional regulations on the formation of the Government, especially to prevent the delays, and realize that the law considered is a "pragmatic attempt to resolve the institutional excavator", it reiterates that all provisions that affect the "check and balance "The predicted constitution should be added through the constitutional audit for which the majority is required - the 53 conclusions of VK opinion states.
Compromise
The Commission regrets the paralysis of the Constitutional Court, which, they point out the consequence of the unpreparedness of political parties to find constructive compromises.
They also believe that the Constitutional Court could have given important guidelines on the interpretation of the constitutional duties of the President and the Parliament.
The Commission, however, also points out that the current political crisis could be avoided and resolved that the authorities of Montenegro had been managed by the principle of loyal cooperation between state organs.
- The Venetian Commission recommends that the amendments are not adopted through ordinary law, and therefore the law on amendments to the Law on the President is not adopted, and invites the responsibility of the state institutions and each individual Prophet, as well as all political parties to participate in the resolution of the current ć and to find constructive compromises necessary to make vital decisions, including a special choice of judge Constitution the court - concluded in the opinion of the Venetian Commission.
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