O ustavnosti nekih instituta Zakona o izvršenju i obezbjeđenju te Zakona o javnim izvršiteljima
Constitutionality of law on enforcement and securing of claims and law on public enforcement officers

Summary/Abstract: By introducing, through the new Law on Enforcement and Securing of claims and Law on Public Enforcement Officers, the institute of Public Enforcement Officer into the Montenegrin legal system, and by determining the enforcement and garnishment procedures, the Montenegrin legislator reformed not only the existing enforcement legislation but, in doing so, reformed the country’s entire judicial system, thereby raising many compelling questions about the constitutionality of the new legislation. The object of this paper is to question the constitutionality of several institutes which were regulated by those Laws without pretending either to final judgment in the matter or, indeed, or that other institutes should not likewise be subjected to the test of constitutionality. Therefore, the intention of this paper is to initiate a broader constitutional questioning of the new enforcement laws, and to call for Constitutional Court to express their opinion.

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