The relationship between the Supreme Court and the Constitutional Court is not "rival", because they are united by the same task - the protection of rights, said Acting President of the Supreme Court Vesna Vučković, at the round table "Application of Article 5 of the European Convention on Human Rights in the Practice of Constitutional and Regular Courts in Montenegro Gori", which was organized with the support of the Office of the Council of Europe and the Delegation of the European Union in Montenegro.
"After almost five years, during which we had Covid-19, as well as an incomplete composition of the Constitutional Court and the Supreme Court, we have the opportunity to renew cooperation on issues that are mutually significant for both courts. First of all, it is the application of Article 5 of the European Convention on Human Rights in the practice of the Constitutional and regular courts in Montenegro. Therefore, I welcome the willingness of the Constitutional Court to actively participate in the judicial dialogue," said Vučković.
She reminded, as announced by the Supreme Court, that the constitutional and legal basis for determining the relationship between the Constitutional Court and the Supreme Court is found in the provisions of the Constitution, on the position of those two state bodies and the provisions of the Law on the Constitutional Court of Montenegro, which regulate the procedures before the Constitutional Court, in particular those on the constitutional appeal.
"Ultimately, we share the same task, that is, we participate together in a unique system of protection of human rights and basic freedoms." The provisions of the Constitution of Montenegro on personal rights and freedoms are of particular importance for considering the relationship between these two courts. Regarding the relationship between the constitutional and regular courts in the function of the constitutional protection of citizens' rights, I will remind you of the words of the judge of the Federal Constitutional Court of the Slovak Republic, Hans Joachim Jentsch, who states that a 'partner relationship' must be sought here in which both of these bodies fulfill a unique constitutional task and social goal - protection of citizens' rights guaranteed by the constitution", stated Vučković.
"The relationship between these two courts is not 'rivalry', because they are united by the same task they accomplish - the protection of rights, i.e. the values that a society protects with that right. It is precisely these values that oblige us to provide citizens with quality protection of human rights and fundamental freedoms in the shortest possible time, especially when we discuss the right to freedom and security from the Convention. It is certain that we agree that the application of this Convention right, i.e. its limitations, is challenging in cases of serious and organized crime and that there is a need for an equal understanding of the standards from the practice of the European Court of Human Rights." , added the Acting President of the Supreme Court.
As she pointed out, the right to freedom and security is considered the most important basic human right. "The way in which it is protected in practice by regular courts, and how by the Constitutional Court, is a question that sometimes opens up some dilemmas for us. What is the impact of the decisions of the Constitutional Court on the judicial practice of regular courts, are just some of the questions we will discuss discuss today with the participation of respected experts," it added.
Vučković also pointed out that the degree of rule of law in a democratic state depends on the relationship between the Constitutional Court and the regular judiciary.
"That request obliges this generation of judges to discuss and exchange opinions on the application of Strasbourg jurisprudence not only in criminal matters, but also in civil matters, which is why I expect at the end of the working meeting that we will have a date for holding the next round table, dedicated to civil law," she concluded. Vuckovic.
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