Constitutional Court: Proceedings initiated to review the constitutionality and legality of certain provisions of the Constitutional Court in the field of education

The Constitutional Court of Montenegro, at its session held today, initiated proceedings to assess the constitutionality and legality of certain provisions of the Sectoral Collective Agreement (GKU) for the field of education, as the question of their compliance with the Constitution and the law is well-founded, the Constitutional Court announced today.

The statement added that the procedure was initiated by accepting the initiative of the Protector of Property and Legal Interests of Montenegro.

"The Constitutional Court has assessed that the question of whether the salaries of teachers are regulated by the Sector Agreement differently from the manner prescribed by a higher legal act – the Law on Salaries of Employees in the Public Sector, or whether the constitutional principle of the compatibility of legal regulations has been violated has been violated. For the sake of precision, the constitutionality and legality of Art. 16, 17, 19, 22, 23, 24 and 31 of the Sectoral Collective Agreement for the field of education," the Constitutional Court's statement states.

The judicial institution said that they emphasize that the Constitutional Court, in accordance with the Constitution, does not evaluate the constitutionality and legality of the General Collective Agreement for individual areas in relation to the General Collective Agreement, but only in relation to the Constitution and the law.

"Initiating the procedure for the assessment of constitutionality and legality also implies submitting a solution to the Government of Montenegro and the representative education union so that they can provide answers to the allegations made, so that the contracting parties can respond to the disputed provisions of the Branch Agreement by agreement even before the court's final decision, in accordance with its legal positions," the Constitutional Court said.