Garancija nezavisnosti i samostalnosti sudstva u Ustavu Crne Gore - potreba za revizijom ustavnog rješenja
Guaranteeing Independence of the Judiciary in the Constitution of Montenegro - the need for revision of the constitutional solution

Author(s): Danilo Ćupić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Evaluation research
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; judiciary; independence; international standards; revision; evaluation; Montenegro;
Summary/Abstract: Theoretical and normative analysis of principles of autonomy and independence of the judiciary in the new constitutional arrangements in Montenegro indicate that the authors of the Constitution guarantee the intention of these two postulates as the basic guidelines of the organization and functioning of the judicial system. This especially given the negative experience of the previous prescription and implementation of these principles, and the need to meet the criteria set by international organizations, notably by the Council of Europe. However, the existing constitutional settlement contains a number of ambiguities and inconsistencies with international standards, which are indicated in the paper. Responding to public criticism (scientific, political, NGO, international organizations), the Government of Montenegro has submitted a proposal to amend the Constitution of Montenegro in the area of judiciary, which also contains a number of inadequacies, which are indicated in the paper, with offering appropriate alterantive solutions.

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