The head of the Europe Now Movement (PES) parliamentary group, Vasilije Čarapić, announced today that the expert debate organized by the Constitutional Court of Montenegro regarding the assessment of the constitutionality of the Agreement with the UAE looks more like an organized action aimed at leading the public to wrong conclusions, than a debate that should help with a specific issue.
"The 'expert discussion' organized by the Constitutional Court regarding the assessment of the constitutionality of the Agreement with the UAE was reduced to an assessment of the compliance of the Agreement with the practice of foreign Constitutional Courts and the practice of the SFRY court, while avoiding the issue of the compliance of the Agreement with the Constitution of Montenegro and the previous practice of our Constitutional Court, especially in the context of Article 149 of the Constitution, which regulates the jurisdiction of the Constitutional Court. Moreover, one of the key experts who based his thesis on foreign legislation, calls the norms of the Montenegrin Constitution that are in conflict with his thesis technical errors, which is a very dangerous position that probably reflects his attitude towards Montenegro," Čarapić stated on the Iks (X) network.
According to him, additionally, the argument that is being put forward is aimed at reconsidering the previous position of the Constitutional Court of Montenegro regarding the majority required for the ratification of an international agreement.
Čarapić pointed out that, specifically, the Constitutional Court of Montenegro, in the case of the ratification of the NATO agreement, took the position that a simple majority is required for ratification, and taking a different position in the case of the Agreement with the UAE opens the way for the Constitutional Court to re-examine the NATO agreement, which may be the hidden political reason for this entire procedure.
"In conclusion, this expert debate looks more like an organized action aimed at leading the public to wrong conclusions than a debate that should help with a specific issue, which in my opinion is also proven by the decision of Professor Zoran Rašović, the leading legal authority in this field in Montenegro, to decline the invitation to participate in it," concluded Čarapić.
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).
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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.
The Parliament adopted this Bill in April, after which President Jakov Milatović returned it for reconsideration. The law was then adopted once again in early June of this year.
Constitutional Court President Snežana Armenko said that the court is facing one of the most serious and important constitutional issues that the current composition of the Constitutional Court has faced during its mandate.
She emphasized that the initiatives submitted to assess the constitutionality of the Law on Ratification of this Agreement have raised various issues in the fields of constitutional, private international, public international and property law and have led the Constitutional Court to invite experts in these fields to provide relevant answers.
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