IVP: As of today, the Constitutional Court is without a president

The IVP states that, although the European Court of Human Rights stated on November 3, 2015 that a constitutional appeal in Montenegro can in principle be considered an effective legal remedy, the Constitutional Court still, as a rule, decides on cases in the field of normative control in an untimely manner ( assessment of the constitutionality and legality of general acts)
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Desanka Lopičić, Photo: "Vijesti" Archive
Desanka Lopičić, Photo: "Vijesti" Archive
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.
Ažurirano: 16.01.2017. 13:24h

As of today, the Constitutional Court is without a president, given that Desanka Lopičić's mandate has expired, and a new president has not been elected, the Institute for the Rule of Law (IVP) announced.

The IVP considers it worrying that the judges did not conduct the procedure for electing the president of the Constitutional Court in a timely manner, given that the Constitutional Court is facing a large number of pending cases.

"During the mandate of President Lopičić, the Constitutional Court adopted Rules of Procedure that contain unconstitutional and illegal solutions, which is why the IVP submitted initiatives for the evaluation of constitutionality and legality, which have not yet been decided," the statement added.

The IVP states that, although the European Court of Human Rights stated on November 3, 2015 that a constitutional appeal in Montenegro can in principle be considered an effective legal remedy, the Constitutional Court still, as a rule, decides on cases in the field of normative control in an untimely manner ( assessment of the constitutionality and legality of general acts).

The IVP reminds that Amendment XVI to the Constitution of Montenegro stipulates that the judges of the Constitutional Court elect the President of the Constitutional Court from among their members for a period of three years, as well as that the same person can be elected only once as the President of the Constitutional Court.

"This means that the current president Lopičić cannot be elected president for a second time, but the candidates can be the other judges of that court: Mevlida Muratović, Miodrag Iličković, Hamdija Šarkinović, Dragoljub Drašković, Milorad Gogić and Budimir Šćepanović," the IVP stated. .

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