The President of Bar Municipality Dušan Raičević and the President of Tuzi Municipality Nik Đeljošaj submitted to the Constitutional Court a proposal for the evaluation of the constitutionality of the provisions of the Law on Prevention of Corruption, it was announced from the Municipality of Bar.
"The proposal requires an interpretation regarding whether the articles of this Law are in accordance with the Constitution of Montenegro, above all with the principles related to the freedoms of citizens, the rights and duties of elected representatives, and the clear incompatibility of functions in cases recognized by the Constitution, when it is about the incompatibility of the functions of the President of the Municipality and the deputy in the Assembly", the press release states.
The essence of the proposal is the suspicion, as stated, that the Law is not harmonized with the basic provisions of the Constitution.
"The Constitution clearly stipulates that the citizen is the bearer of the sovereignty of the state, and that every government is formed on the basis of the electoral will. It also stipulates that every citizen of legal age residing in Montenegro can be elected as a deputy in the Assembly of Montenegro, in which he represents the just expressed the electoral will of the citizens, in direct and secret elections", added in the announcement of the Municipality of Bar.
It is stated that the MP is obliged to perform his function and represent the will of the citizens, either professionally or voluntarily, without compensation, according to his own decision.
"On the other hand, the position of the President of the Municipality is a professional position to which a person is elected by the members of the Municipal Assembly, and not directly in direct elections, as a kind of manager of the local administration, a person who must perform the position of president professionally, as an employee of this position. Additionally, until 2015, this interpretation did not exist, nor was the president of the municipality prevented from performing his parliamentary duties," it was announced.
The Constitution as the highest legal act, as they said, but even the Law on the Election of Councilors and Members of Parliament, which regulates the subject area, does not clearly recognize the function of the President of the Municipality as incompatible with the function of a member of the Parliament of Montenegro.
"Such an interpretation can be considered, at the very least, imprecise and unclear, but also something that directly encroaches on the voting rights of both elected deputies and citizens who voted, encroaches on the principles of the Constitution of Montenegro and the foundations of sovereignty, which rests on the will of the citizens. The repeal of the Act can only cause damage and irreparable consequences for the persons who hold these positions, as well as for the citizens, the local administration, but also the entire principle of democracy and constitutionality, and it is of particular importance that the Constitutional Court convenes a session at which it will decide on constitutionality as soon as possible. of these provisions, and to which he will also invite the proposers in order to be able to justify all this," the announcement states.
Such a proposal, said Đeljošaj and Raičević, will certainly contribute to the strengthening of the rule of law and the rule of law, to the legal security of citizens who must clearly know what to expect from the law, but also to the overall improvement of the legal system, which, according to them, has so far not dealt with the details. of this Law, which can be extremely harmful or beneficial for the preservation of the legal system and principles of democracy in Montenegro.
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