The Constitutional Court of Montenegro issued a decision on the initiation of the procedure for the evaluation of the constitutionality and legality of the Decision on the amendment of the Statute of the Municipality of Nikšić, which, among other things, stipulates that this municipality has a glory - the Patron Saint's Day.
The decision to amend the Statute of the Municipality of Nikšić stipulates that May 12, the day of St. Basil the Wonderworker of Ostrog, will be the glory of the Municipality of Nikšić. The amendment to the Statute was adopted at the session of the Municipal Assembly (MO) of the city in April last year.
At yesterday's session, the judges of the Constitutional Court found that the Nikšić Municipal Assembly did not make the disputed decision according to the procedure prescribed by law. The Constitutional Court announced that formally and nomotechnically, the provisions that amended the Statute were included after the provision on the Municipal holiday, but essentially refer to the normative arrangement of the holiday in which the Municipality celebrates its glory - Patron's Day, and according to the Constitutional Court, they are subject to an obligation from Article 22 paragraph 5 of the Law on Local Self-Government, according to which the Government gives its consent to the provisions of the statute establishing the municipal holiday.
"In the specific case, the Constitutional Court, after reviewing the contested act and the responses to the initiatives, found that the Nikšić Municipal Assembly did not pass the contested Decision according to the procedure prescribed by the Law, that is, that the Municipal Assembly, in accordance with Article 22 paragraph 5 of the Law, before passing the contested decision, did not obtain the consent of the Government of Montenegro", judged the judges of the Constitutional Court.
In this way, as announced, the adopter of the act, according to the Constitutional Court, violated the principle of legality, from provision 145 of the Constitution, which implies that secondary legal acts must be in accordance with the Constitution and the law, not only in terms of material legality (the content of the contested act ), but also in terms of formal legality, which dictates that the legal act must be passed by an authorized body and according to the procedure prescribed for its passing.
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