“The President reminded that he submitted several proposals to the Constitutional Court for the assessment of constitutionality, namely:” – the provisions of Article 38 paragraph 1 items 2, 6, 7, and 9 of the Law on the Armed Forces of Montenegro, as well as the provisions of Article 38 paragraph 1 item 11 and Article 103 paragraphs 2 and 5 of the same Law; proposal from February 16, 2026; the provisions of Article 15 of the Law on the Constitutional Court of Montenegro (“Official Gazette of Montenegro”, no. 11/15, 55/19, 92/25) proposal from March 31, 2026; the provisions of Article 15 of the Law on the Constitutional Court of Montenegro (“Official Gazette of Montenegro”, no. 11/15, 55/19, 92/25, 31/26, and 71/26); proposal from June 12, 2026,” it was specified in the statement from the President’s Public Relations Office.
Considering the consequences that the application of the contested legal provisions produces in practice on a daily basis, and their questionable nature from the aspect of constitutionality, Milatović believes that a timely decision by the Constitutional Court on these issues would be of exceptional importance for the protection of the public interest.
“In this context, particular attention was drawn to the positions taken by the Administrative Court of Montenegro in judgment number U.br. 2541/26 from May 11, 2026, which relate to the application of the contested provisions of the Law on the Armed Forces,” the statement noted.
The President also reminded of the fact that the function of a judge of the Constitutional Court is currently performed by a person whose constitutional mandate as a judge of the Constitutional Court has expired, and who participates daily in making decisions of that institution.
“Fully respecting the independence of the Constitutional Court and its right to independently decide on matters within its jurisdiction, and considering the necessity of preserving legal certainty, I point out the need for the Constitutional Court to recognize the urgency and social significance of these cases, and to make final decisions on the submitted proposals,” Milatović stated.
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