The Administrative Court announced that, in a decision dated February 2, they dismissed as inadmissible the lawsuit filed by the MP from Podgorica, by which it challenged the public call issued by the President of Montenegro on October 1, 2025, for the nomination of a candidate for the Protector of Human Rights and Freedoms of Montenegro and the President's decision dated December 4, 2025 on the nomination of a candidate for the Protector.
On December 27th of last year, Siniša Bjeković was elected for a new term at the head of that institution with the unanimous support of 50 MPs, at the proposal of the President of the Republic, Jakov Milatović.
"In the preliminary examination of the lawsuit, the court found that the lawsuit should be dismissed, taking into account the legal provisions of Article 7, paragraph 1 of the Law on the Protector of Human Rights and Freedoms of Montenegro ('Official Gazette of Montenegro', No. 42/11, 32/14, 21/17) according to which the Protector is appointed in accordance with the Constitution, as well as the provisions of Article 95, paragraph 1, item 5 of the Constitution of Montenegro, according to which the President of Montenegro proposes to the Parliament the Protector of Human Rights and Freedoms of Montenegro," the statement reads.
"By applying the provision of Article 13, paragraph 1, item 2 of the Law on Administrative Disputes ('Official Gazette of Montenegro', no. 54/16, 11/24, 53/25), which stipulates that an administrative dispute cannot be conducted against an act adopted in a matter in which the Parliament of Montenegro and the President of Montenegro decide directly on the basis of their constitutional powers, and by assessing the legal nature of the act contested by the lawsuit in relation to the constitutional and legal provisions, this court has found that an administrative dispute cannot be conducted against the proposal of the President of Montenegro to appoint M.Sc. S. B. as the Protector of Human Rights and Freedoms of Montenegro, and the public call that the President announced for proposing candidates for the Protector of Human Rights and Freedoms of Montenegro, because they were adopted in a matter in which the President of Montenegro decides directly on the basis of their constitutional powers," the Administrative Court announced.
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