The Rules of Procedure of the Parliament of Montenegro precisely established that the proposal for changes in the composition of the government and the dismissal of officials must be submitted no later than three days before the day set for holding the session, the Association of Lawyers of Montenegro pointed out.
The Association said that the deadlines and procedures precisely determine the prime minister's obligations regarding the procedure for proposing members of the government.
"This is all the more so since, in this particular case, not only the composition but also the "structure of the Government" changes, so we point out that the Rules of Procedure of the Assembly precisely establish that the proposal must be submitted "no later than three days before the day set for holding the session" and that in writing form, which "correspondingly applies to the procedure of dismissal" of officials," the announcement reads.
They add that in accordance with Article 1 paragraph 2 of the Constitution of Montenegro, which defines that Montenegro is "based on the rule of law", it is to be expected that the provisions of the Rules of Procedure of the Assembly (Articles 174-176 and Article 179) will not be "devastated by actions that make the said provision of the Constitution meaningless" and this opens up the possibility of contesting the decision on the election before the Constitutional Court due to violations of a "formal nature".
They also state that the fact that the current 44th Government did not propose the adoption of the Law on Government confirms the Association's position that, among other things, the issue of the structure of the government, the number of vice-presidents and ministers, the composition and organization of ministries, as well as other current issues, do not want to be adequately regulated, in accordance with the law solutions in other functional European democracies, but leave it in the domain of "discretionary action.
"It is precisely this fact that can lead to the fact that Montenegro will receive a composition of the Government that will be "endemic" on the European continent in terms of numbers and structure".
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