Развој идеје владавине права и промјена устава као предуслов европских интеграција (примјер Црне Горе)
Development of the Idea of the Rule of Law and Amendment to the Constitution as a Precondition of the European Integrations (The Case of Montenegro)

Author(s): Mladen Vukčević, Danilo Ćupić
Subject(s): Constitutional Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Rule of law;Constitution of Montenegro;Constitutional revision;Judical authority;European integration;
Summary/Abstract: The subject of this paper is the development of the idea of the rule of law in Montenegrin history and constitutionality, with a special reference to the current revision of the Constitution of Montenegro, in part related to changes in the judiciary. This paper presents a chronological overview of the provisions referring to the constitutional position of the fundamental legal principle and its implementation in different historical periods, starting from 1905 to 2007, from the first constitution up to the adoption of the current Constitution of Montenegro and the amendment I–XVI in 2013.The central part of the work is the analysis of the constitutional provisions which regulate the judiciary in the Constitution of Montenegro in the context of the requirement that they should undergo a revision in the process of European integration. In this sense, the comparison is done between, on the one hand, the approved amending changes which tend to eliminate the influence of political factors on the performance of the functions of the judiciary, and on the other hand, the potential scope and limitations of the solutions that have been proposed.

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