President of Montenegro, Jakov Milatović, has issued a statement expressing concerns over recent developments in the country’s legislative processes, which he believes threaten the constitutional order. Milatović emphasized that Montenegro is at a critical juncture in terms of preserving its legal and constitutional framework.
In his statement, Milatović reiterated that he would announce a public call for the appointment of judges to the Constitutional Court, but only after the Court formally determines that a judge’s function has been terminated or their removal is warranted, as stipulated by the Constitution. He clarified that the President does not hold the authority to decide on the cessation of a judge’s function, which lies exclusively with the Constitutional Court, nor does he have the power to dismiss judges, as that is within the jurisdiction of the Montenegrin Parliament.
Milatović also expressed his deep concern over the actions taken by the Constitutional Committee of the Parliament, which, according to him, have jeopardized legal security and overstepped the Constitutional Court’s authority. He stressed that the Constitutional Court plays an essential role in maintaining the legality and constitutionality of the state and must operate with full functionality, integrity, and independence.
He further explained that the procedures for the appointment and dismissal of judges to the Constitutional Court must adhere strictly to the rules set out in Montenegro’s Constitution and the Law on the Constitutional Court. According to these legal provisions, the Parliament is responsible for electing and removing judges, while the Constitutional Court must notify the Parliament when a judge’s term ends or if they need to be removed.
Milatović emphasized that the country is facing a critical moment in which the constitutional and legal order is being undermined, which could have detrimental consequences for Montenegro’s democratic development and European integration. He expressed concern over the potential long-term damage caused by the current government’s actions, which he described as hasty and made without proper legal grounding, especially when it comes to the functioning of the most important state institutions.
In conclusion, Milatović affirmed that he would continue to act within the scope of his constitutional powers, while highlighting the growing institutional anomalies that are becoming increasingly evident in Montenegro.
