By not complying with the legal obligation to decide on the constitutional appeals in question within 18 months at the latest and at the same time treading on his own decision to make a priority decision in this case, because it is about protecting the rights and freedoms of citizens, the President of the Constitutional Court Dr. Dragoljub Drašković, with unbearable lightness, undermines the constitutional position of one of the most important institutions in Montenegro, competent to protect constitutionality and legality and human rights and freedoms guaranteed by the constitution, announced today Danilo Saranović, deputy of Democratic Montenegro in the Parliament of Montenegro.
He called on Drašković to "submit his resignation without delay".
Šaranović said that on June 28 of this year, in the name of Democratic Montenegro, among other things, he called on the Constitutional Court of Montenegro to comply with the Law on the Constitutional Court and to decide on the submitted constitutional appeals due to the violation of the right to peaceful enjoyment of the property of former workers "Radoje Dakić". by the deadline prescribed by law.
Šaranović stated that Article 39 paragraph 2 of the Law on the Constitutional Court stipulates that "in every case the Constitutional Court must decide within 18 months at the latest from the date of initiation of proceedings before that court".
"It is scandalous and socially unacceptable for the Constitutional Court to ignore the legally prescribed deadline in which it is obliged to decide on the submitted constitutional appeal, which it itself concluded should be decided on as a priority because it is a case of special importance for the protection of human rights and freedoms". Saranovic said.
According to him, the eighteen-month period in which the Constitutional Court had to decide on the submitted constitutional appeals of the former employees of "Radoj Dakić" expired on August 28 of this year.
"And the Constitutional Court, I repeat the reminder, already concluded in October last year that it will decide on the constitutional appeals of the former employees of "Radoj Dakić" as a matter of priority, because it judged that it was,,...a case of special importance for the protection of the rights and freedoms of citizens. The quoted binding norms did not, unfortunately, present any problem for the President of the Constitutional Court to ensure the use of the collective annual leave of all judges of the Constitutional Court in August. was obliged to decide on constitutional appeals, the President of the Constitutional Court "does not take this case out of the drawer", said Šaranović.
The Democrat MP also said that the protector of human rights and freedoms of Montenegro issued an Opinion in December last year in which he clearly stated that it was a violation of the human right to the peaceful enjoyment of property by the former "Dakić residents" and called on the Government of Montenegro to take measures in order to enforce legally binding decisions from the court cases of former employees of "Radoj Dakić", at the same time indicating that the principle of justice and fairness imposes an obligation on the state to treat all former employees to whom this right is recognized.
"The defense counsel particularly pointed out the important fact that the subject of the friendly settlement between the State of Montenegro and five former employees of "Radoj Dakić" was designated by the International Court in Strasbourg as WECL, which designates cases where the Court in Strasbourg in its earlier decisions took firm positions and created practice in a specific respect, i.e. that the issues that are the subject of a friendly settlement between the State of Montenegro and five former employees of "Radoj Dakić" have already been dealt with, Šaranović said.
He claims that all of the above points to the conclusion that the President of the Constitutional Court of Montenegro has decided that, despite the clear deadlines established by the Law, as well as his own conclusions that this case should be decided on a priority basis, he has decided to only follow the relationship of the Government and the authorities in Montenegro to to this problem which, as it has been manifesting for more than a decade, is ignorant and profoundly inhumane and inhuman.
"The President of the Constitutional Court is acting in the stated manner because, by blocking the decision in this case, he is blocking and delaying the possibility of submitting a corresponding petition to the International Court of Human Rights in Strasbourg, which will, with absolute certainty, decide in favor of the former employees of "Radoj Dakić". This is the least we demand. from the current president of the Constitutional Court to resign from that position without delay because, by keeping the specific case in the drawer, he clearly declared that he only cares about pleasing the first people in power in Montenegro, not caring about the fact that in this way enables the continuation of more than a decade of violation of the human right to the peaceful enjoyment of property by almost 1.800 citizens of Montenegro - former employees of "Radoj Dakić", Šaranović concluded.
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