Montenegro is sovereign in all matters
which it has not transferred to the jurisdiction of the Federal Republic of Yugoslavia.
Sovereignty is vested in the citizens, who exercise their sovereignty directly and through
their freely elected representatives. Any change in the status of the state, a change of
the form of government and/or any change of frontiers is decided upon exclusively by the
citizens in referendums.
No authority shall be either established or recognized
which does not result from the freely expressed will of the citizens.
The state is founded on the rule of law. The exercise
of authority shall be in conformity with the Constitution and Law.
The government of Montenegro is organized
according to the principle of the division of powers into legislative, executive and
judicial. Legislative power is vested in the Assembly, the executive power in the
Government, and the judicial in the courts of law.
Montenegro is represented by the President
of the Republic.
In Montenegro everything is deemed to be
free if not prohibited by Law. Everyone is obliged to observe the Constitution and the
law. The Constitution and the rule of law are protected by the Constitutional Court.
Freedoms, rights and duties of man and citizen
The Constitutional order of the Republic
of Montenegro guarantees the constitutional rights and freedoms regarding one's
personality, freedom and security in relation to the state - the right to life, equality
before the law, the inviolability of privacy; then the political rights and freedoms which
allow the participation in the political life - the voting/election right, the right to
political organization, and other socioeconomic rights - to work, to property etc.; the
rights and freedoms related to culture, education and science (the system of guarantees
for the exercise of the rights to education and free scientific and/or artistic
creativity); the rights related to medical protection, and other freedoms, rights and
duties of man and citizen. These freedoms, rights and obligations cannot be abolished,
changed or limited by any other regulations unless provided by the Constitution.
Members of national minorities/ethnic
groups are guaranteed the protection of their national, cultural, linguistic and
confessional identity, as well as of a body of other respective rights, in conformity with
the standards of the democratic world.
The basic principle in this area is that recognized and
guaranteed are all freedoms and rights recognized by the international law and by the
principle of direct exercise and enjoyment of such freedoms and rights - which means that
these be realized directly on the constitutional grounds. Also, the principle of equality
of citizens in their freedoms, rights and duties means that there are no privileges on
whatever ground and that all the citizens are equal before law and the state, that is
before its bodies. This means the rule of law and a political system that must have
mechanisms to prevent and/or incapacitate privileges and inequality of citizens.
Organization of the state
The Assembly (Parliament) of the Republic of Montenegro is comprised
of the representatives elected by citizens in direct and secret voting, on the basis
of the general and equitable right to vote. The term of office of the Assembly is four
years.
The Assembly has the president and
one or more vice presidents, elected from among the deputies.
The Assembly:
1. adopts the Constitution
2. enacts laws, other regulations and general enactment’s
3. adopts the physical plan of Montenegro, its budget and the annual balance sheet
4. establishes the principles for the organization of the state administration;
5. ratifies international treaties within the competencies of the Republic
6. announces republican referendums
7. raises public loans and decides on the indebtedness of the state
8. appoints and dismisses the president and the members of the government, the president
and the justices of the Constitutional Court, the president and the judges of all the
courts of law
9. appoints and dismisses the public prosecutor and other officials
10. grants amnesty for criminal offenses as defined by the republican law
11. performs other duties as prescribed by the Constitution.
The President of the Republic is elected in direct elections and by
secret ballot, on the basis of a general and equitable voting right, and for the term of
office of five years.
The President:
1. represents the Republic in the country
and abroad
2. promulgates laws by ordinance
3. calls elections for the Assembly
4. proposes to the Assembly candidates for the Prime Minister, President and Justices of
the Constitutional Court
5. proposes to the Assembly the calling of referendums
6. grants amnesty for criminal offenses as defined by the republican law
7. confers decorations and awards
8. performs other duties in accordance with the Constitution.
The Government is composed of the Prime Minister, one or more Vice
Prime Minister(s) and Ministers. The candidate for the Prime Minister presents to the
Assembly his program and proposes the composition of the Government.
The Government:
1. formulates and conducts the national
and foreign policy
2. drafts and executes acts and other legislation
3. issues regulations, decisions and other enactment’s for the execution of law
4. concludes international treaties within the competencies of the Republic
5. proposes the physical plan, the budget and the annual balance sheet of the Republic
6. determines the organization and mode of work of the state administration (civil
service)
7. exercises supervision over the work of ministries and other state administration
authorities, and annuls and abolishes their enactment’s
8. enacts decrees with the power of law in the state of emergency, in the event of
imminent war danger or in the state of war if the Assembly cannot convene, and submits to
the Assembly's verification the said enactment as soon as the Assembly is in session
9. performs all other tasks as prescribed by the Constitution and Law
The affairs of the state administration
are conducted by the ministries and other civil service bodies.
Local government can be assigned certain
tasks of the state administration by law or they may be entrusted by the Government's
decree to the local government, to institutions and/or to juristic persons.
The judiciary is independent and
autonomous, and the judges have tenure.
The Supreme Court is the highest-instance
court in the Republic.
The Public Prosecutor is responsible for the prosecution
of criminal offences, applies legal remedies for the protection of constitutionality and
legality and legally represents the Republic in property-rights relations. The Public
Prosecutor discharges his duties in conformity with the Constitution and the Law.
Constitutionality and legality
