The current Constitution of Montenegro was adopted on 22 October 2007.
This Constitution is divided into 8 Chapters and 158 articles, the titles of the Chapters are: Basic provisions (1); Human rights and liberties (2); Organization of powers (3); Economic system (4); Constitutionality and legality (5); Constitutional court of Montenegro (6); Change of the constitution (7); and Transitional and final provision (8). The Appendix containing the Constitutional Law for the implementation of the Constitution of the Republic of Montenegro is an integral part of this document.
Article 1 (The State): Montenegro is an independent and sovereign state, with the republican form of government. Montenegro is a civil, democratic, ecological and the state of social justice, based on the rule of law; Article 83 (Composition of the Parliament): The Parliament shall consist of the Members of the Parliament elected directly on the basis of the general and equal electoral right and by secret ballot. The Parliament shall have 81 Members; article 82 (Responsibility of the Parliament): The Parliament shall: 1. Adopt the Constitution; 2. Adopt laws; 3. Adopt other regulations and general acts (decisions, conclusions, resolutions, declarations and recommendations); 4. Proclaim the state of war and the state of emergency; 5. Adopt the budget and the final statement of the budget; 6. Adopt the National security strategy and Defense strategy; 7. Adopt the Development plan and Spatial plan of Montenegro; 8. Decide on the use of units of the Army of Montenegro in the international forces; 9. Regulate the state administration system; 10. Perform supervision of the army and security services; 11. Call for the national referendum; 12. Elect and dismiss from duty the Prime Minister and members of the Government; 13. Elect and dismiss from duty the President of the Supreme Court, the President and the judges of the Constitutional Court; 14. Appoint and dismiss from duty: the Supreme State Prosecutor and State Prosecutors, the Protector of human rights and liberties (Ombudsman), the Governor of the Central Bank and members of the Council of the Central Bank of Montenegro, the President and members of the Senate of the State Audit Institution, and other officials stipulated by the law; 15. Decide on immunity rights; 16. Grant amnesty; 17. Confirm international agreements; 18. Call for public loans and decide on credits of Montenegro; 19. Decide on the use of state property above the value stipulated by the law; 20. Perform other duties stipulated by the Constitution or the law.
article 11 (Division of powers): The power shall be regulated following the principle of the division of powers into the legislative, executive and judicial. The legislative power shall be exercised by the Parliament, the executive power by the Government and the judicial by courts. The power is limited by the Constitution and the law. The relationship between powers shall be based on balance and mutual control. Montenegro shall be represented by the President of Montenegro. Constitutionality and legality shall be protected by the Constitutional Court. Army and security services shall be under democratic and civil control.
Article 9 (Legal order): The ratified and published international agreements and generally accepted rules of international law shall make an integral part of the internal legal order, shall have the supremacy over the national legislation and shall be directly applicable when they regulate the relations differently from the internal legislation; Article 15 (Relations with other states and international Organizations): Montenegro shall cooperate and develop friendly relations with other states, regional and international organizations, based on the principles and rules of international law. Montenegro may accede to international organizations. The Parliament shall decide on the manner of accession to the European Union. Montenegro shall not enter into a union with another state by which it loses its independence and full international personality; article 17 (Grounds and equality): Rights and liberties shall be exercised on the basis of the Constitution and the confirmed international agreements; article 81 (PROTECTOR OF HUMAN RIGHTS AND LIBERTIES): The protector of human rights and liberties of Montenegro shall be independent and autonomous authority that takes measures to protect human rights and liberties. The protector of human rights and liberties shall exercise duties on the basis of the Constitution, the law and the confirmed international agreements, observing also the principles of justice and fairness; article 118 (Principles of the judiciary): The court is autonomous and independent. The court shall rule on the basis of the Constitution, laws and confirmed and published international agreements.
The current Constitution of Montenegro was ratified and adopted by the Constitutional Parliament of Montenegro on 19 October 2007 on an extraordinary session by achieving the required two-thirds supermajority of votes. The new Constitution defines Montenegro as a civic, democratic and environmentally friendly country with social justice, established by the sovereign rights of its government. The preamble identifies the nationalities and national minorities of Montenegro as Montenegrins, Serbs, Bosniaks, Albanians, Muslims, Croats and others as citizens of Montenegro, free, equal and loyal to a civic and democratic Montenegro. This Constitution further defines the conviction that the state is responsible for the preservation of nature, environment, implementation of sustainable development, balanced development of all its regions and the establishment of social justice.
Article 23 (Environment): Everyone shall have the right to a healthy environment. Everyone shall have the right to receive timely and full information about the status of the environment, to influence the decision-making regarding the issues of importance for the environment, and to legal protection of these rights. Everyone, the state in particular, shall be bound to preserve and improve the Environment; article 59 (Entrepreneurship): Freedom of entrepreneurship shall be guaranteed. Freedom of entrepreneurship may be limited only if so necessary in order to protect the health of the people, environment, natural resources, cultural heritage or security and defense of Montenegro.
Article 58 (Property): Property rights shall be guaranteed. No one shall be deprived of or restricted in property rights, unless when so required by the public interest, with rightful compensation; article 60 (Right to succession): The right to succession shall be guaranteed; article 139 (Principles): Economic system shall be based on a free and open market, freedom of entrepreneurship and competition, independence of the economic entities and their responsibility for the obligations accepted in the legal undertakings, protection and equality of all forms of property; article 141 (State property): Assets in state property shall belong to the state of Montenegro; article 41 (Inviolability of home): Home shall be inviolable. No one shall enter the dwelling place or other premises against the will of the possessor thereof and search them without a court warrant. The search of premises shall be conducted in the presence of two witnesses. A person in official capacity may enter other people's dwelling place or other premises without the court warrant and conduct the search without the presence of witnesses if so necessary for the prevention of execution of a criminal offence, immediate apprehension of a perpetrator or to save people and property.
No Right to Food related provisions or principles.
No right to water-related provisions or principles.
Article 8 (Prohibition of discrimination): Direct or indirect discrimination on any grounds shall be prohibited. Regulations and introduction of special measures aimed at creating the conditions for the exercise of national, gender and overall equality and protection of persons who are in an unequal position on any grounds shall not be considered discrimination; article 18 (Gender equality): The state shall guarantee the equality of women and men and shall develop the policy of equal opportunities.
No Indigenous rights related provisions or principles.
See article 23 and article 59.
Article 78 (Protection of natural and cultural heritage): Everyone shall be obliged to preserve natural and cultural heritage of general interest. The state shall protect the national and cultural heritage.
Freedom of entrepreneurship may be limited only if so necessary in order to protect the health of the people, environment, natural resources, cultural heritage or security and defense of Montenegro. (Art. 59)
No Energy related provisions.
No Agriculture related provisions.
No Livesctock related provisions.
No Fisheries related provisions.
No Forestry related provisions.
