Constitution of Montenegro
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2008-07-11T19:05:33Z
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/* Constitution of the Princedom of Montenegro */
{{Politics of Montenegro}}
The current '''Constitution of Montenegro''' was ratified and adopted by the [[Constitutional Parliament of Montenegro|Constitutional Parliament]] of [[Montenegro]] on [[19 October]] [[2007]] during a disputatious session as its proponents fought to achieve the required two-thirds [[supermajority]] of votes. The Constitution was officially proclaimed as the Constitution of Montenegro on [[22 October]] [[2007]]. This Constitution replaced the Constitution of [[1992]].
==Constitution==
The new Constitution defines [[Montenegro]] as a civic, [[democratic]] and [[environmentally friendly]] country with [[social justice]], established by the [[sovereignty|sovereign rights]] of its government.<ref name="Pobjeda">{{cite news|title=Crna Gora otvorila vrata evropske budućnosti|language=Serbian|publisher=[[Pobjeda]]|date=[[2007-10-20]]|url=http://www.pobjeda.cg.yu/naslovna.phtml?akcija=vijest&id=128282}}</ref><ref name="CafedelMontenegro">{{cite news|title=Crna Gora dobila novi Ustav|language=Serbian|publisher=[[Radio Antena M|Antena M]]|date=[[2007-10-20]]|url=http://www.cafemontenegro.cg.yu/index.php?group=23&news=7498}}</ref>
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.<ref name="Pobjeda" /><ref name="CafedelMontenegro" />
The new Constitution replaced the official language of the state from Serbian to [[Montenegrin language|Montenegrin]], but also recognises [[Serbian language|Serbian]], [[Bosnian language|Bosnian]], [[Albanian language|Albanian]] and [[Croatian language|Croatian]]. It also declares [[Cyrillic alphabet|Cyrillic]] and [[Latin alphabet|Latin]] scripts to be of equal standing in law.<ref name="Pobjeda" /><ref name="CafedelMontenegro" />
The new Constitution also officially recognised the current [[Flag of Montenegro|flag]] and [[Coat of arms of Montenegro|coat of arms]] as legitimate state symbols, as well as the current [[Oj, svijetla majska zoro|Montenegrin anthem]].<ref name="Pobjeda" /><ref name="CafedelMontenegro" />
The new Constitution states that a citizen of Montenegro is not allowed to be made a refugee- nor may he be extradited to another country, unless in compliance with a [[extradition treaty|treaty]] which Montenegro has with a foreign country. <ref name="Pobjeda" /><ref name="CafedelMontenegro" />
The new Constitution also guarantees that [[Separation of church and state|religion is separate from the state]].<ref name="Pobjeda" /><ref name="CafedelMontenegro" />
It also states that the [[President of Montenegro|President]] serves a five-year [[term of office|term]] and may only serve two terms. In order to be eligible for the position a person must be a citizen of Montenegro and must have lived in Montenegro for 10 of the 15 years prior to his candidature.<ref name="CafedelMontenegro" />
===Voting for the Constitution===
On [[19 October]] [[2007]], the Constitutional Parliament of Montenegro held a session filled with angry debating to attain the two-third supermajority of votes required to ratify the draft Constitution. 55 of the 76 members present voted in favour<ref name="Pobjeda" /><ref name="Vijesti">{{cite news|title=Ustav otvara evropska vrata|language=Serbian|publisher=[[Vijesti]]|date=[[2007-10-20]]|url =http://www.vijesti.cg.yu/arhiva.php?akcija=vijest&id=250837}}</ref><ref name="Dan">{{cite news|title=Parlamentarna dvotrećinska većina usvojila najviši pravni akt, a iz opozicije tvrde režim je donio ustav za kartel|language=Serbian|publisher=[[Dan (newspaper)|Dan]]|date=[[2007-10-20]]|url=http://www.dan.cg.yu/?nivo=3&rubrika=Vijest%20dana&datum=2007-10-20&clanak=121644}}</ref>, the two-thirds supermajority was therefore achieved, and the Constitution duly ratified.
The ruling [[Democratic Party of Socialists of Montenegro]] (which includes the [[Croatian Civic Initiative]]) and the [[Social Democratic Party of Montenegro]], as well as the opposition [[Movement for Changes]], [[Bosniak Party of Montenegro|Bosniac Party]] and the [[Liberal Party of Montenegro]] voted in favour of the Constitution. The [[Socialist People's Party of Montenegro]], [[People's Party (Montenegro)|People's Party]], [[Democratic Serb Party]] and members of the [[Serb List]] opposed it<ref name="Pobjeda" /><ref name="Vijesti" /><ref name="Dan" />. The ethnic [[Albanian]] minority representatives ([[Democratic League in Montenegro]] and [[Albanian Alternative]]) abstained from voting<ref name="Pobjeda" /><ref name="Vijesti" /><ref name="Dan" />. The sole representative (and leader) of the [[Democratic Union of Albanians]], Ferhat Dinoša, was abroad and therefore wasn't able to make it to the session.<ref name="Vijesti" /> However, there are reports that Dinoša refused to vote because he didn't want to be for the new Constitution, nor against it when Montenegro needed a Constitution.<ref name="Pobjeda" /><ref name="Dan" /> Vaselj Siništaj, the sole representative and leader of the [[Albanian Alternative]], refused to vote because he wasn't given a guarantee by [[Socialdemocratic Party of Montenegro|SDP]] that [[Malesija, Montenegro|Malesija]] would become a full-fledged municipality, independendent from the [[Podgorica|Municipality of Podgorica]], after SDP had refused to sign an agreement that approved a referendum that would be held in six months on whether Malesija([[Tuzi]]) would become a municipality. <ref name="Pobjeda" /><ref name="Dan" /><ref name="Vijesti2">{{cite news|title=Albanci nijesu ljuti na vlast|language=Serbian|publisher=[[Vijesti]]|date=[[2007-10-21]]|url=http://www.vijesti.cg.yu/naslovna.php?akcija=vijest&id=250863}}</ref> This agreement was, however, already signed by [[Democratic Party of Socialists of Montenegro|DPS]], [[Movement for Changes|PzP]], [[Bosniak Party|BS]], [[Democratic Union of Albanians|DUA]], [[Albanian Alternative|AA]] and [[Croatian Civic Initiative|HGI]] and had also established that the crosses will be removed from the flag and coat of arms of Montenegro, and the [[Venice Commission]] will supervise how the judicial council functions. <ref name="Vijesti3">{{cite news|title=Referendum u Tuzima, sa grba se skidaju krstovi|language=Serbian|publisher=[[Vijesti]]|date=[[2007-10-19]]|url=http://www.vijesti.cg.yu/arhiva.php?akcija=vijest&id=250699}}</ref><ref name="AntenaM">{{cite news|title=Ustav bez podrške Albanske alternative|language=Serbian|publisher=[[Radio Antena M|Antena M]]|date=[[2007-10-19]]|url=http://www.antenam.net/look/article.tpl?IdLanguage=11&IdPublication=1&NrArticle=10882&NrIssue=779&NrSection=10}}</ref><ref name="CafedelMontenegro2">{{cite news|title=Potpisan politički sporazum|language=Serbian|publisher=[[Cafe del Montenegro]]|date=[[2007-10-19]]|url=http://www.cafemontenegro.cg.yu/index.php?group=23&news=7352}}</ref> Siništaj later reported, however, that he believes that this Constitution was made for "future generations and better for tomorrow's Montenegro".<ref name="Vijesti2" /> Also, none of the amendments from any of the opposition parties were passed<ref name="Pobjeda" /><ref name="Vijesti" /><ref name="Dan" />.
Miodrag Živković, leader of the [[Liberal Party of Montenegro]], announced that the text of the Constitution should be acceptable by all the people of Montenegro.<ref name="Pobjeda" /><ref name="Vijesti" /> However, Nebojša Medojević, leader of the [[Movement for Changes]], announced that nobody is completely satisfied with the new Constitution, but on the other hand can't be completely satisfied with the Constitution.<ref name="B92">">{{cite news|title=Različite ocene o novom Ustavu CG|language=Serbian|publisher=[[B92]]|date=[[2007-10-21]]|url=http://www.b92.net/info/vesti/index.php?yyyy=2007&mm=10&dd=20&nav_id=268671&nav_category=167&order=hrono}}</ref> Medojević also announced that this will be the Constitution of all citizens of Montenegro, which will open the doors to the European Union. <ref name="Vijesti" />
[[Milo Đukanović]] announced to the press that the Constitution will "open the European doors to Montenegro's future". <ref name="B92" />
Kemal Purišić of the [[Bosniak Party]] announced that the new Constitution will give Bosniaks more rights and that there will be more democratic institutions in Montenegro for government control. <ref name="Vijesti" />
==Controversy==
The pro-Serbian parties in Montenegro declare the new Constitution ''[[Serbophobia|"Anti-Serbian"]]'', which may deepen political divisions within Montenegro, and promised not to respect the new constitution- accusing it of being against the principles of a multicultural and multi-ethnic Montenegro.<ref name="Vijesti" /> Predrag Popović, leader of the [[People's Party (Montenegro)|People's Party]], announced that he is still unable to believe that Serbs will be "pushed" into becoming a national minority, thus not bringing any good to Montenegro. He has also announced that this element will further enforced divisions and that this new Constitution will not create a European Montenegro, but will rather push it into conflict.<ref name="Vijesti" />
Dobrilo Dedeić, a representative of the [[Serbian List]], ripped up a revised edition of the proposal of the Montenegrin Constitution on [[18 October]] [[2007]], a day before its adoption, declaring it to be discriminatory toward the Serbian people and stating that it will not bring reconciliation to Montenegro. He also announced that the Serbian List, as well as the Serbian people, will not respect the new Constitution and will quickly begin debate on the Serbian issue in Montenegro. He has also said that the Serbian people will remember the names of those who voted for a Constitution that discriminates against them. He also announced that the Serbian List will respect the new Constitution as much as the ruling coalition respected the former Constitution of Montenegro (i.e. the Constitution of the federal [[Serbia and Montenegro]]). <ref name="MINA">{{cite news|title=Dedeić iscijepao tekst Predloga ustava|language=Serbian|publisher=[[Montenegro News Agency|MINA]]|date=[[2007-10-20]]|url=http://64.182.248.202/index.php3?akcija=clanak&no=15327}}</ref>
Goran Danilović of the [[Serb People's Party (Montenegro)|Serbian People's Party]] envisions that political crises and battles will begin in Montenegro after the Constitution is adopted, because it isn't designed to bring about political reconciliation. Danilović also announced that he believes the new Constitution to be discriminatory to Serbs in Montenegro. <ref name="B92" />
According to Dragan Šoć of the [[People's Party (Montenegro)|People's Party]], the Constitution of Montenegro as adopted is divisive. <ref name="B92" />
The Albanian minority parties consider the new Constitution to be against the interests of the Albanian people. Mehmet Bardhi, leader of the [[Democratic League in Montenegro]], announced that the Montenegrin government has missed the opportunity, through its lack of readiness, to use the new Constitution to fix Montenegrin-Albanian relations in Montenegro. <ref name="B92" />
==Previous Montenegrin Constitutions==
===Constitution of Montenegro in union with Serbia===
The Constitution of the Republic of Montenegro was approved by [[Montenegro]]'s [[Parliament of Montenegro|Parliament]] on [[October 12]], [[1992]]. This established Montenegro as a [[democratic]] [[ecological]] and [[social]] constituent [[republic]] of the [[Federal Republic of Yugoslavia]], with [[Serbian language|Serbian]] as its official language. [[Cetinje]] is defined as the state's capital. Power is vested in its citizens, who exercise it directly through the election of representatives to the Parliament. Decisions related to changes in constitutional status or to an alteration of borders are subject to a vote of the citizens of Montenegro exercised in a [[referendum]]. In the current constitution, there are 121 articles.
===Constitution of the Socialist Republic of Montenegro===
The Constitution of the republic within [[SFRY]] was brought in 1974. The "Socialist Republic of Montenegro" was defined as a constitutive republic of the [[Socialist Federal Republic of Yugoslavia]]. The capital was [[Titograd]]. Montenegro was defined a free non-national civic state, with [[Serbo-Croatian]] its official language.
===Constitution of the Princedom of Montenegro===
The Constitution of the [[Princedom of Montenegro]] was introduced in 1905 in an effort to secularize the realm and limit the monarch's rule. It defined Montenegro as a [[nation-state]] of the [[Serbs|Serbian people]].
Montenegro thus became a constitutional absolutist monarchy. It defined three branches of authority:
* National Assembly (instead of the Senate long ago abolished by Prince Nicholas)
* the Cabinet of Ministers
* the Great Court.
The National Assembly enacted laws; however, Prince Nicholas kept the power of adoption, and could himself enact laws of significant national importance. The Prince (Књаз) was the hereditary [[head of state]] and commander of the army. He also named diplomatic representatives of the state.
The Cabinet of Ministers was named and replaced by the prince, and the government was overseen by the parliament. The constitution guaranteed citizens' freedoms: equality under the law, personal freedoms and freedom of conscience.
Montenegro's flag was a red-light blue-white tricolor and a variation of the princedom's coat of arms, a double-headed eagle, was adopted as state. All three major religions were recognized (Eastern Orthodoxy, Roman Catholicism and Islam), and the [[Metropolitanate of Montenegro and the Littoral|Montenegrin Church]] sanctioned. The capital was [[Cetinje]].
==References==
<references />
==External links==
*{{sr icon}} [http://www.snp.cg.yu/strana.asp?kat=1&id=1278 Constitution of Montenegro]
*[http://www.legislationline.org/upload/legislations/01/9c/b4b8702679c8b42794267c691488.htm Constitution of Montenegro] hosted by the OSCE Office for Democratic Institutions and Human Rights
*[http://www.mediaclub.cg.yu/Ustav/ 1992 Constitution of Montenegro]
{{Constitution of Europe}}
[[Category:Constitutions|Montenegro]]
[[Category:Montenegrin law]]
[[Category:Politics of Montenegro]]
[[fr:Constitution du Monténégro]]
[[id:Konstitusi Montenegro]]