The Constitutional Court initiates the procedure for the evaluation of the constitutionality of the Government Regulation on the representative before the European Court

Requests for the issuance of a temporary measure to suspend the execution of all individual acts or actions that have been passed or taken, as well as acts and actions that could be passed or taken based on provision 16.a of the Decree on the representative of Montenegro before the European Court of Human Rights, have been rejected. rights

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From one of the sessions of the Constitutional Court, Photo: Boris Pejović
From one of the sessions of the Constitutional Court, Photo: Boris Pejović
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

At today's session, the Constitutional Court issued a decision on the initiation of the procedure for the evaluation of the constitutionality and legality of the Regulation on Amendments to the Regulation on the Representative of Montenegro before the European Court of Human Rights, which was adopted by the Government.

The decision was adopted by the majority of votes, with the dissenting opinion of judges Snežana Armenko and Momirka Tešić and the unanimous dissenting opinion of judges Milorad Gogić and Faruk Resulbegović,

Requests for the issuance of a temporary measure to suspend the execution of all individual acts or actions that have been passed or taken, as well as acts and actions that could be passed or taken based on provision 16.a of the Decree on the representative of Montenegro before the European Court of Human Rights, have been rejected. rights.

Several initiatives were submitted to the Constitutional Court for the evaluation of the constitutionality of the amendments to the Regulation on the representative of Montenegro before the European Court of Human Rights, but they were combined into one case.

In the meantime, the Government, without waiting for the decision of the Constitutional Court, at the session on February 2, at the proposal of the Minister of Justice, elected Katarina Peković as the new representative of Montenegro before the European Court, while dismissing the previous representative Valentina Pavličić.

Pavličić filed a lawsuit against the Government in the Administrative Court, in order to annul the Government's decision on the termination of her mandate as a representative of Montenegro before the European Court, "due to a significant violation of the provisions of the administrative procedure and incorrect application of substantive law".

Along with the lawsuit, she filed a request for postponement of the execution of the decision made by the Government at the session on February 2 of this year.

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