Social Democrat (SD) MP and Council of Europe official in the Parliament of Montenegro Nikola Zirojević announced today that he, together with independent MP Miodrag Laković, Adrijan Vuksanović (HGI), Boris Mugoš and Branislav Nenezić (SD), submitted a Proposal for the assessment of the constitutionality of the Law on Internal Affairs.
He said this at a press conference with Adrijan Vuksanović and Laković.
Zirojević said that, despite numerous warnings to the parliamentary majority and the Government, the majority remained in that position, even after President Jakov Milatović returned it for reconsideration.
He pointed out that the adoption of this law led to a political crisis that could jeopardize Montenegro's European path, but also caused confusion among all honorable members of the Police Administration (UP).
"What is particularly problematic are the so-called security obstacles and the way they are determined. We have said many times that such mechanisms strengthen political control and threaten the constitutional rights of political officials," he said.
The SD MP said that, under this law, police officers are being tried in advance, without the right to defense and the presumption of innocence, but also without being informed of what they are being charged with.
"The commission's decisions may be based on unreliable and undetermined, or arbitrarily determined, facts. Everything I have stated is not in accordance with the Constitution and the rights of citizens, namely the following: the right to protection of rights and freedoms (Article 19 of the Constitution), the right to a fair and public trial (Article 32 of the Constitution), the presumption of innocence (Article 35 of the Constitution), the right to defense (Article 37 of the Constitution)," he explained.
As he added, the procedure for determining security concerns is contrary to the right to a fair and public trial before an independent, impartial and legally established court.
"It is also not in line with the right to a fair trial, which is established by Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The European Court of Human Rights, on the other hand, views the right to a fair trial as one of the key prerequisites for strengthening the principle of the rule of law in a state. We have the firm position of the European Court that security reasons cannot be the basis for denying a clear and fair procedure and its justification," he said.
Zirojević said that the Law, in addition to this, introduces a new basis for termination of employment - based on a report with the opinion of the commission, which was adopted in an invisible and non-transparent procedure before the proceedings were conducted before the competent court.
"This is contrary to the grounds for termination of employment and the protection of employee rights defined in the Labor Law and the Law on Civil Servants and State Employees. We have the EU Charter of Fundamental Rights, which guarantees the right to be heard and the right to defense, which must be respected before the decision of the authority. Unlawful termination of employment is contrary to the constitutional principle of the right to work (Article 62 of the Constitution). The essence of guaranteeing the right to work does not only apply to the establishment of employment, but also during and upon its termination," he pointed out.
He asked what happens if a police officer proves not guilty after losing his job.
"The state will be exposed to great material damage. We have seen similar examples in the education sector. Such an official will have to be reinstated by force of law," he said.
Zirojević also pointed out that no effective legal remedy is foreseen against the commission's decision.
"The new Article 214a directly threatens the principle of constitutionality and legality in the part of the prohibition of retroactive effect of laws and other regulations defined in Article 147, paragraph 1 of the Constitution," he said.
He also explained that the provision stipulating that the law enters into force on the day of publication in the Official Gazette is contrary to the Constitution, because the reasons for urgency have not been established.
He also said that they had listed the request for a constitutional review as a priority, so that a decision could be made on it as soon as possible.
"We are requesting that the Constitutional Court order that the disputed decisions not be made until that court's decision is made. We are also requesting that our requests be published on the Constitutional Court's website. The initiatives for the assessment of constitutionality are listed on several more pages," said Zirojević, adding that for initiatives submitted by five MPs, the procedure is considered to have been initiated immediately and that the deadlines begin to run.
He told the "honorable members of the Police Administration" that "there is someone who can stand behind them."
"Finally, I urge all Police Directorate officers to feel free to contact us regarding any problem," Zirojević concluded.
Vuksanović: In this way, we also think of the citizens and all those who do their job with honor
Croatian Civic Initiative (HGI) MP Adrijan Vuksanović said that after hearing from the president, trade unions, and the non-governmental sector, "and that wasn't enough," they are using this legal mechanism.
"We live in a society where various events occur that overwhelm our public, which is prone to forgetfulness, and in this way we are bringing this issue to the forefront," he said.
"In this way, we think of both citizens and all those who honorably perform their jobs in police structures. This is an easy and simple case for the Constitutional Court because, speaking with many experts, this law is not in line with the legal matter, but also with elementary logic," added Vuksanović.
Laković: The Law on Internal Affairs threatens the constitutional right to the presumption of innocence
Independent MP Miodrag Laković said that he was pleased to sign the proposal for the constitutional review, and that he understood it as a parliamentary and human obligation.
He also said that the Law on Internal Affairs is unconstitutional, and that many norms are contrary to the basic principles of the Constitution.
"It threatens the constitutional right to the presumption of innocence and the constitutional right to defense. If we are committed to the rule of law, then police officers should believe in the rule of law and fairness because they provide evidence for criminal proceedings. If police officers do not believe that the system will be fair, it will affect the sharpness of their work, their enthusiasm and results, their loyalty, and thus, all of this will affect the security of the entire society," said Laković.
He added that they expect that the Constitutional Court will give priority to considering their proposal for a review of constitutionality and that they will receive a unified assessment - that the Constitutional Court will not be divided, as in some cases.
"I want to encourage my former colleagues from the Police Directorate not to lose faith in justice and that justice will certainly come," said Laković.
Zirojević: If the Constitutional Court does not rule this law unconstitutional, then we do not have a Constitutional Court
When asked by journalists what would happen if the Constitutional Court did not rule this law unconstitutional, Zirojević said that "the situation is clear and that no professional legal knowledge is needed to conclude that these provisions are deeply unconstitutional", but also that "if the Constitutional Court makes such a decision, then we do not have a Constitutional Court in Montenegro".
"If it fails this test, which is more than obvious, we no longer have a Constitutional Court and then it is pointless to communicate with the Constitutional Court in any way. However, I believe that the Constitutional Court is home to knowledge and experience, that the judges of the Constitutional Court are people of integrity and that they will not tarnish their knowledge, experience, and their names and surnames in this way," he said.
Vuksanović said that these laws have attracted attention outside of Montenegro.
"I think that those who voted for it are also convinced that the Constitutional Court will declare this law unconstitutional, but that they need a vacuum for certain of their needs," said Vuksanović.
When asked to comment on Prime Minister Milojko Spajić's invitation to the opposition, and the sentence that "coffee and cake" await them, Zirojević said that he "will have coffee and cake with him when he changes partners", and Laković said that "it is bad that part of the opposition does not participate in the committees", but also that he "remains on the letter he gave for the formation of the 44th Government and that he will support everything he sees towards the EU, but that he will be critical of everything he considers bad".
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