There is no provision in the Constitution of Montenegro that authorizes the Constitutional Court to assess whether a ratified and published international treaty is in accordance with the Constitution, Darko Dragović, a member of parliament from the Europe Now Movement (PES), announced today.
The Constitutional Court today began a public hearing on the constitutionality of the Law on Ratification of the Agreement on Cooperation in the Field of Tourism and Real Estate Development between the Governments of Montenegro and the United Arab Emirates (UAE).
A review of the constitutionality of this Law was requested by Budva Municipal Assembly councilor Đorđe Zenović and the non-governmental organization (NGO) Center for the Protection and Study of Birds.
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"The Constitutional Court of Montenegro is not a 'supraconstitutional' body, but is obliged to act within the limits of its jurisdiction prescribed by Article 149 of the Constitution. The Constitutional Court is, among other things, competent to decide on the compliance of laws with the Constitution and with ratified and published international treaties. There is no provision in the Constitution of Montenegro on the basis of which the Constitutional Court is authorized to assess whether a ratified and published international treaty is in accordance with the Constitution, nor can the Constitutional Court expand its own jurisdiction through its interpretation," Dragović pointed out in a statement.
He added that "we can open an expert theoretical debate on whether such a constitutional solution is good or not, but as long as it is an integral part of the constitutional system, we must all respect it."
"Therefore, comparing the practice of the Constitutional Court of Montenegro with the practice of the constitutional courts of Germany and the former SFRY, while at the same time not comparing the constitutional norms that regulate this matter, is unacceptable and introduces legal uncertainty," said Dragović.
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