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Rakočević: The only way out of the stalemate is through constitutional changes

Rakočević

The only way out of the stalemate the Supreme State Prosecutor’s Office has reached is through constitutional changes, said Mr Velimir Rakočević, criminologist and member of the Prosecutorial Council. Those amendments, however, will have to be introduced in the next 12 months.

As Mr Rakočević explained, current solution according to which two-thirds majority is required to elect supreme state prosecutor is unsustainable and doesn’t exist in any other country.

“Constitution should definitely be amended by requesting simple majority to elect Supreme State Prosecutor. There’s an alternative: Government choosing the Supreme State Prosecutor as it is the case in many European countries, for example in Slovenia or Czech Republic”, said Mr Rakočević.

The objective of such proposal is to place the election of the supreme state prosecutor out of the parliament. If it is unacceptable that the Government is in charge of that, then there is the simple majority, which is in accordance with democratic principles. It is very difficult, almost impossible, reach a two-thirds majority consensus as the system could end in a stalemate.

According to Mr Rakočević, this solution has proved to be a legal pillar that led to blockage.

“This state of having acting state prosecutor can’t last for too long, one year maximum. Meanwhile, legal prerequisites must be created so that Parliament can vote amendments. A solution must be found”, says Mr Rakočević.

In compliance with the Constitution, bill to amend the Constitution can be submitted by the president of Montenegro, Government or at least 25 MPs. Proposal to amend the Constitution can suggest amendments to specific provisions or adoption of new ones. Proposal to amend the Constitution is considered adopted in Parliament if it has two-thirds majority.

 

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