The President of Montenegro, Filip Vujanović, should not pass the Decree on the Promulgation of the Law on the Execution of the Decision of the Constitutional Court, which abolished allowances for mothers with three or more children, because there are no conditions for that, according to Democratic Montenegro.
That party, in a letter to Vujanović signed by the member of the Presidency of the Democrats, Neven Gošović, stated the reasons why, as they said, the president of the state should not pass the Decree on the Promulgation of the Law on the Execution of the Decision of the Constitutional Court, which assessed that the provisions of the law mothers have the right to a lifetime benefit based on the birth of three or more children, do not agree with the Constitution.
"It is about the Law that contains a collision of norms, which makes its uniform application impossible," says the statement of the Democrats.
As it is stated, the provisions of Article 12 of that Law prescribe that upon its entry into force, the execution of final, i.e. legally binding, decisions of centers for social work, which reduced compensation for mothers based on the birth of three or more children, is suspended
"Several thousand decisions that were appealed to the Ministry of Labor and Social Welfare, i.e. lawsuits to the administrative court, are still not final, i.e. legally binding, and their application cannot be suspended on the day the newly adopted Law enters into force," announced the Democrats.
As they said, on the other hand, according to the provisions of Article 30 of that Law, mothers whose employment has ended due to the exercise of their right to compensation, have a deadline of XNUMX days to submit a request for the monthly compensation provided for in the newly adopted Law.
"Also, according to Article 10 of that Law, beneficiaries of rights based on the time spent on the records of the unemployment office of the Employment Office are given a deadline of 15 days to reapply to the records of the Employment Office," the announcement states.
It is added that beneficiaries of the right to compensation have a legal right and interest to protect their rights in the initiated administrative or court proceedings, especially if it is taken into account that the newly adopted Law significantly reduces or completely abolishes those rights.
"However, the use of the previously determined right to compensation until the finality, i.e. the finality of the contested decisions, prevents thousands of beneficiaries of the compensation, complainants or lawsuits, from being able to submit a request for exercising the rights provided for in the newly adopted Law within the stipulated period of 30, i.e. 15 days from the date of entry on the strength of this Law," the Democrats state.
It is clear, as they add, that the beneficiaries of the right to compensation cannot use that right on both grounds, until the finality, that is, the legal force of the existing decisions, and at the same time apply for the realization of the rights provided by the newly enacted Law within the deadline set by the law.
"Such a collision of the norms of one and the same law puts thousands of beneficiaries of the right to compensation based on the birth of three or more children in an extremely unacceptable legal position, that they cannot know what they should do," according to the Democrats.
They pointed out that the Constitution of Montenegro established that the president of the state is obliged to promulgate the law within seven days from the day of adoption of the law, or to return the law to the Parliament for a new decision.
According to Democratic Montenegro, the public is aware of Vujanović's position that he applies the constitutional authority to return the law to the Parliament for re-decision only in the case when he judges that the adopted law contains a conflict of norms.
"As the newly adopted Law on the Execution of the Decision of the Constitutional Court contains an inadmissible collision of the aforementioned norms, there are no conditions for the adoption of the Decree on the promulgation of that Law", according to the Democrats.
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