The Venice Commission (VC) has recommended not to adopt the Law on Amendments to the Law on the President. The VC recommends that the amendments in question not be adopted through an ordinary law, and therefore that the Law on Amendments to the Law on the President not be adopted, and calls on the responsibility of state institutions, every member of parliament and all political parties to participate constructively in resolving the current impasse and to find constructive compromises required for making the necessary vital decisions, including and especially with regard to the election of judges of the Constitutional Court, say the VC Conclusions, CdM learns.
On 9 November, President of Montenegro Milo Djukanovic asked the VC for an urgent opinion on the constitutionality of the Law on Amendments to the Law on the President of Montenegro, which he vetoed and sent back to the Parliament.
Parliament has scheduled another vote on the law for December 12, 2022.
“Representatives of the parliamentary majority, as well as the parliamentary opposition, also expressed their interest in receiving the VC’s opinion before the next parliamentary session”, the conclusions state.
It is noted that questions of constitutionality are decided by the constitutional courts, and the VC does not want, nor does it have a mandate, to interfere in the role of these courts.
However, according to the VC, the Constitutional Court of Montenegro cannot currently operate due to the lack of a quorum, and the law is to be reviewed by the Parliament. In this context, the VC exceptionally accepted to give its opinion on the constitutionality of the Law.
The European Commission said yesterday that it expected the VC to announce its opinion on the amendments to the President Law by the end of the week and that it would support its assessment.
