The Constitutional Court repealed the Regulation on Amendments to the Regulation on the Representative of Montenegro before the European Court of Human Rights now that it can no longer produce an effect, because the Government appointed a new representative a long time ago, Human Rights Action (HRA) announced.
"The Constitutional Court failed to pass a decision on the suspension of the application of the Regulation, i.e. the individual decision that dismissed the previous representative and prevented the occurrence of harmful consequences. So much for the effectiveness of constitutional protection in Montenegro. Such an approach will certainly not bring us into the EU," HRA said.
HRA, as they say, timely pointed out that the disputed Regulation was an "ad hominem" act, aimed at eliminating a politically undesirable person, against the Constitution and the principle of the rule of law.
They remind that they protested against the Government's decision to dismiss the state representative in January 2024, even though the Constitutional Court announced that it would consider this case as a priority.
"We warned that such behavior, in the event that the Constitutional Court determines the unconstitutionality of the Government Regulation, will negatively affect the reputation of Montenegro with European institutions. The Government of Montenegro is responsible to the vast majority of citizens of Montenegro who want the country to achieve EU membership as soon as possible "That membership will certainly not be realized in the near future with such thuggish decisions that defy the rule of law. On the other hand, the Constitutional Court of Montenegro would have to serve its purpose and provide effective protection of the constitution from the arbitrariness of the authorities," they said.
At today's session, the Constitutional Court made a decision to repeal the amended Regulation on the representative of Montenegro before the European Court of Human Rights.
The court's decision came two days after the ruling of the Administrative Court, which found that the Government illegally dismissed Valentina Pavličić from the position of protector before the European Court of Human Rights.
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By decision of the Government of Montenegro, on February 2, Pavličić's mandate ended due to the entry into force of the new Regulation on the representative of Montenegro before the European Court of Human Rights.
The Constitutional Court rejected the initiative to initiate a procedure for the evaluation of the constitutionality and legality of the Decision on the method and criteria for solving the housing needs of officials, while the procedure for the evaluation of the constitutionality and legality of the provisions of Article 32 para. 2 and 3 of the Branch collective agreement for the field of education concluded by the representative trade union of education in Montenegro and the Government of Montenegro.
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