Montenegro has never been closer to membership in the European Union (EU), but the steps to be taken are very large and demanding, said the president of the Constitutional Court, Snežana Armenko.
She said this at the International Scientific Meeting: "Montenegro's New Platform for the EU: 2024-2034 - Responsible, Digitized and Green", which was held at the Faculty of Law of the University of Montenegro.
"We have never been closer to membership, but the steps that need to be taken are very big and demanding," said Armenko.
As reported by the Constitutional Court, she said that even when Montenegro becomes a member of the EU, the obligation to progress and strive to achieve the rule of law and the rule of law is not over.
"Because with membership we will not get the rule of law achieved in the end", added Armenko.
As she said, the rule of law is an ideal that everyone strives for and that can hardly be fully achieved.
"However, it is important to recognize the path that must be taken and that should be followed to reach this ideal," said Armenko.
She said that the Constitutional Court, as a court of sui generis and which is on the third border of the system of separation of powers, must be ready in continuity to achieve results for the purpose of the rule of law on the way to the EU.
"Maintaining public trust in the work of the Constitutional Court and preserving its independence in relation to the powers of other branches of government is an important aspect of respecting the basic principles of the rule of law," said Armenko.
According to her, the strength of the state is the strength of its institutions, which must have character and be recognized for that.
"The strength of character of the Constitutional Court, which it should broadcast every day, is reflected in its willingness to clearly express its views based on strong authoritative arguments in its decisions in a timely manner, to be consistent in what it concludes and to firmly stand behind its decisions". said Armenko.
She stated that, from the perspective of the position and functioning of the Constitutional Court, especially at the time of accession to the EU, this implies the simultaneous existence of at least three components - speed and efficiency, transparency and consistency.
"These are the qualities on which the Constitutional Court perseveres and will persevere, showing the strength of the constitutional court's character, strengthening its integrity," emphasized Armenko.
She said that the Constitutional Court, when it is recognized as a true guardian of the Constitution and the law, showing its willingness to take a clear and precise position through timely intervention in decisions and not shying away from "hot political topics", emits speed and efficiency, but also independence.
"When it does as it says and as it said, regardless of the socio-political moment and context, the Constitutional Court shows consistency and essentially emits legal certainty," said Armenko.
As she stated, with transparency and visibility, the Constitutional Court imposes a kind of positive pressure on itself to defend the constitutional intervention it made with its decision with strong positions and arguments.
"On our path to EU accession, we inevitably face the adoption of a large number of laws, some of which are systemic and some of which are lex specialis, while certain issues may be treated differently in different laws and may be inconsistent and raise the question of the unity of the legal order," said Armenko.
She reminded that all laws that are adopted and then published in the Official Gazette become an integral part of the positive legal order.
"In addition to the fact that they must be harmonized with the Constitution and the constitutional order of Montenegro, they must also be harmonized with the constitutional order of the EU. This is the so-called system alignment," said Armenko.
As she said, when creating new international obligations through the adoption of laws that will be adopted with harmonization with EU legal acquis, it is assumed that the state will not deviate from its earlier obligations assumed by concluded international agreements.
"In a situation where certain laws simultaneously activate several legal instruments prescribed by different international treaties, international jurisprudence and academic opinion tries to interpret them in a way to coordinate their effects and avoid any possible conflict between them," explained Armenko.
She added that two or more different obligations must be harmonized, as far as possible, in order to produce effects that are fully in line with the law that needs to be adopted and harmonized with the EU acquis.
"It will inevitably be a challenge to the Constitutional Court in the period that follows due to the diversification and expansion of international law," said Armenko.
She said that a major challenge in the coming period will be the systemic harmonization of constitutional judicial practice at both the national and European levels.
"Because in this regard, the Constitutional Court is obliged to respect not only international treaties, but also the positions of European courts expressed in decisions concerning the application of various international treaties, resolutions and directives," added Armenko.
She said that the legal state must also be a constitutional state.
"It is quite clear that the laws and other general acts that are passed and will be passed in the coming period, can affect the constitutionality, legality, but also the human rights guaranteed by the Constitution", stressed Armenko.
She recalled the statement of the former president of the European Court for Human Rights, Robert Spano, that whenever there is a crisis in society, there is tension between constitutional rights and public interest.
"However, every new challenge, which is undoubtedly our path to the EU, where we are all trying to make our contribution as fully as possible from the aspect of our jurisdiction, is actually an indicator of how fragile the constitutional order can be if the Constitutional Court does not watch over the Constitution, protecting ga," said Armenko.
She said that the Constitutional Court will try to pave the constitutional road to the EU with its constitutional court activism, overcoming the obstacles it is already facing.
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