Neobičan slučaj kontinuiteta državnih institucija Crne Gore
The curious case of the continuity of Montenegrin legal institutions

Summary/Abstract: In this article, the author draws the reader’s attention to the curious manner in which the continuity of Montenegrin state institutions is presented and the fact that it might very well be in collison with the decisions of the Constitutional principles of Montenegro. There are numerous points of collision: the first and the most obvious one is the fact that the manner that the Montenegrin Parliament and the Prime Minister base their continuity on, is inconsistent with the decision made by the Constitutional Court of Montenegro stating that, in terms of the legal order of Montenegro, Presidential mandates are only the ones achieved within the country of Montengro, i. e., after it had reached full international sovereignity and subjectivity. On the other hand, even the attempt to present this continuity as a symbolic and historic one, has difficulties answering the question: how exactly can such continuity be aligned with the constitutional principle of Montenegro being a civil state, considering that it can only be based on a specific understanding of the continuity of Montengerin people’s statehood. At the end, such continuity also is problematic in terms of aligning with the principle of primacy of international order and overall unity of the Montenegrin legal order.

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