Constitution of Montenegro
Encyclopedia
The current Constitution of Montenegro was ratified and adopted by the Constitutional Parliament of Montenegro
Montenegro
Montenegro Montenegrin: Crna Gora Црна Гора , meaning "Black Mountain") is a country located in Southeastern Europe. It has a coast on the Adriatic Sea to the south-west and is bordered by Croatia to the west, Bosnia and Herzegovina to the northwest, Serbia to the northeast and Albania to the...

 on 19 October 2007 on an extraordinary session by achieving the required two-thirds supermajority
Supermajority
A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority . In some jurisdictions, for example, parliamentary procedure requires that any action that may alter the rights of the minority has a 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
Montenegro
Montenegro Montenegrin: Crna Gora Црна Гора , meaning "Black Mountain") is a country located in Southeastern Europe. It has a coast on the Adriatic Sea to the south-west and is bordered by Croatia to the west, Bosnia and Herzegovina to the northwest, Serbia to the northeast and Albania to the...

 as a civic, democratic and environmentally friendly
Environmentally friendly
Environmentally friendly are terms used to refer to goods and services, laws, guidelines and policies claimed to inflict minimal or no harm on the environment....

 country with social justice
Social justice
Social justice generally refers to the idea of creating a society or institution that is based on the principles of equality and solidarity, that understands and values human rights, and that recognizes the dignity of every human being. The term and modern concept of "social justice" was coined by...

, established by the sovereign rights
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...

 of its government.

The preamble identifies the nationalities and national minorities of Montenegro as Montenegrins, Serbs
Serbs
The Serbs are a South Slavic ethnic group of the Balkans and southern Central Europe. Serbs are located mainly in Serbia, Montenegro and Bosnia and Herzegovina, and form a sizable minority in Croatia, the Republic of Macedonia and Slovenia. Likewise, Serbs are an officially recognized minority in...

, Bosniaks
Bosniaks
The Bosniaks or Bosniacs are a South Slavic ethnic group, living mainly in Bosnia and Herzegovina, with a smaller minority also present in other lands of the Balkan Peninsula especially in Serbia, Montenegro and Croatia...

, Albanians
Albanians
Albanians are a nation and ethnic group native to Albania and neighbouring countries. They speak the Albanian language. More than half of all Albanians live in Albania and Kosovo...

, Muslims, Croats
Croats
Croats are a South Slavic ethnic group mostly living in Croatia, Bosnia and Herzegovina and nearby countries. There are around 4 million Croats living inside Croatia and up to 4.5 million throughout the rest of the world. Responding to political, social and economic pressure, many Croats have...

 and others as citizens of Montenegro, free, equal and loyal to a civic and democratic Montenegro.

The new Constitution replaced the official language of the state from Serbian
Serbian language
Serbian is a form of Serbo-Croatian, a South Slavic language, spoken by Serbs in Serbia, Bosnia and Herzegovina, Montenegro, Croatia and neighbouring countries....

 to Montenegrin
Montenegrin language
Montenegrin is a name used for the Serbo-Croatian language as spoken by Montenegrins; it also refers to an incipient standardized form of the Shtokavian dialect of Serbo-Croatian used as the official language of Montenegro...

, but also recognises Serbian, Bosnian
Bosnian language
Bosnian is a South Slavic language, spoken by Bosniaks. As a standardized form of the Shtokavian dialect, it is one of the three official languages of Bosnia and Herzegovina....

, Albanian
Albanian language
Albanian is an Indo-European language spoken by approximately 7.6 million people, primarily in Albania and Kosovo but also in other areas of the Balkans in which there is an Albanian population, including western Macedonia, southern Montenegro, southern Serbia and northwestern Greece...

 and Croatian
Croatian language
Croatian is the collective name for the standard language and dialects spoken by Croats, principally in Croatia, Bosnia and Herzegovina, the Serbian province of Vojvodina and other neighbouring countries...

. It also declares Cyrillic
Cyrillic alphabet
The Cyrillic script or azbuka is an alphabetic writing system developed in the First Bulgarian Empire during the 10th century AD at the Preslav Literary School...

 and Latin
Latin alphabet
The Latin alphabet, also called the Roman alphabet, is the most recognized alphabet used in the world today. It evolved from a western variety of the Greek alphabet called the Cumaean alphabet, which was adopted and modified by the Etruscans who ruled early Rome...

 scripts to be of equal standing in law.

The new Constitution also officially recognised the current flag
Flag of Montenegro
The flag of Montenegro was officially adopted with the Law on the state symbols and the statehood day of Montenegro on 13 July 2004 at the proposal of the government of Montenegro. It was constitutionally sanctioned with the proclamation of the Constitution on 22 October 2007...

 and coat of arms
Coat of arms of Montenegro
The coat of arms of Montenegro was officially adopted by the law passed in the Parliament on 13 July 2004...

 as legitimate state symbols, as well as the current Montenegrin anthem
Oj, svijetla majska zoro
"Oj, svijetla majska zoro" is the official state anthem of Montenegro. Before becoming the anthem, it was a popular folk song of the Montenegrins, with many variations of its text...

.

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 treaty which Montenegro has with a foreign country.

The new Constitution also guarantees that religion is separate from the state
Separation of church and state
The concept of the separation of church and state refers to the distance in the relationship between organized religion and the nation state....

.

It also states that the President
President of Montenegro
-Presidents of Montenegro:-See also:*President of Serbia and Montenegro*President of Yugoslavia*List of Presidents of Montenegro*Prime Minister of Montenegro-External links:*...

 serves a five-year term
Term of office
Term of office or term in office refers to the length of time a person serves in a particular office.-Prime Minister:In the United Kingdom, the Prime Minister has no term limits...

 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.

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, the two-thirds supermajority was therefore achieved, and the Constitution duly ratified.

The ruling Democratic Party of Socialists of Montenegro
Democratic Party of Socialists of Montenegro
The Democratic Party of Socialists of Montenegro is the ruling social-democratic political party in Montenegro....

 (which includes the Croatian Civic Initiative
Croatian Civic Initiative
The Croatian Civic Initiative is a Croat minority political party in Montenegro. The party was formed in 2002. It first participated in elections in the Tivat municipality that year, and is still based in the town...

) and the Social Democratic Party of Montenegro
Social Democratic Party of Montenegro
The Social Democratic Party of Montenegro is a political party in Montenegro....

, as well as the opposition Movement for Changes
Movement for Changes
Movement for Changes is a political party in Montenegro which has a proclaimed goal to integrate their country into the European Union and to support political and economic reforms to bring it into line with European norms...

, Bosniac Party
Bosniak Party of Montenegro
The Bosniak Party is a Bosniak minority political party in Montenegro....

 and the Liberal Party of Montenegro
Liberal Party of Montenegro
The Liberal Party of Montenegro is a centre-left liberal political party in Montenegro. The party advocated liberalism and the bringing down of Milo Đukanović's rule, seeing it as authoritarian and undemocratic...

 voted in favour of the Constitution. The Socialist People's Party of Montenegro
Socialist People's Party of Montenegro
The Socialist People's Party of Montenegro is a socialist opposition political party in Montenegro. It has 16 MPs in the Parliament of Montenegro, which it won on the 2009 parliamentary election...

, People's Party
People's Party (Montenegro)
The People's Party is an opposition populist political party in Montenegro. It is the main conservative party in Montenegro, as opposed to ruling party and its main opposition, both of which are socialist orientated.At the last legislative elections in Montenegro, in March 2009, NS formed a...

, Democratic Serb Party and members of the Serb List
Serb List
Serb List was a political alliance in Montenegro. In contrast to other political coalitions, the Serb List was not simply a coalition of parties, but an entity on its own; for instance, the MPs elected on its list are not considered to represent the party they originally come from, but the Serb List...

 opposed it. The ethnic Albanian
Albanians
Albanians are a nation and ethnic group native to Albania and neighbouring countries. They speak the Albanian language. More than half of all Albanians live in Albania and Kosovo...

 minority representatives (Democratic League in Montenegro and Albanian Alternative
Albanian Alternative
The Albanian Alternative is a political party in Montenegro.AA is led by Gjergj Camaj. At the last legislative elections in Montenegro, in March 2009, AA won 1 out of 81 seats....

) abstained from voting. The sole representative (and leader) of the Democratic Union of Albanians
Democratic Union of Albanians
The Democratic Union of Albanians is an Albanian minority political party in Montenegro....

, Ferhat Dinoša, was abroad and therefore wasn't able to make it to the session. 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. Vaselj Siništaj, the sole representative and leader of the Albanian Alternative
Albanian Alternative
The Albanian Alternative is a political party in Montenegro.AA is led by Gjergj Camaj. At the last legislative elections in Montenegro, in March 2009, AA won 1 out of 81 seats....

, refused to vote because he wasn't given a guarantee by SDP
Social Democratic Party of Montenegro
The Social Democratic Party of Montenegro is a political party in Montenegro....

 that Malesija would become a full-fledged municipality, independendent from the Municipality of Podgorica
Podgorica
Podgorica , is the capital and largest city of Montenegro.Podgorica's favourable position at the confluence of the Ribnica and Morača rivers and the meeting point of the fertile Zeta Plain and Bjelopavlići Valley has encouraged settlement...

, after SDP had refused to sign an agreement that approved a referendum that would be held in six months on whether Malesija(Tuzi
Tuzi
Tuzi is a town in the Podgorica municipality, Montenegro, located along a main road between the city of Podgorica and the Albanian border crossing, just a few kilometers north of Lake Skadar. The exact location of Tuzi is...

) would become a municipality. This agreement was, however, already signed by DPS
Democratic Party of Socialists of Montenegro
The Democratic Party of Socialists of Montenegro is the ruling social-democratic political party in Montenegro....

, PzP
Movement for Changes
Movement for Changes is a political party in Montenegro which has a proclaimed goal to integrate their country into the European Union and to support political and economic reforms to bring it into line with European norms...

, BS, DUA
Democratic Union of Albanians
The Democratic Union of Albanians is an Albanian minority political party in Montenegro....

, AA
Albanian Alternative
The Albanian Alternative is a political party in Montenegro.AA is led by Gjergj Camaj. At the last legislative elections in Montenegro, in March 2009, AA won 1 out of 81 seats....

 and HGI
Croatian Civic Initiative
The Croatian Civic Initiative is a Croat minority political party in Montenegro. The party was formed in 2002. It first participated in elections in the Tivat municipality that year, and is still based in the town...

 and had also established that the crosses will be removed from the flag and coat of arms of Montenegro, and the Venice Commission
Venice Commission
The Venice Commission is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin wall, at a time of urgent need for constitutional assistance in Central and Eastern Europe...

 will supervise how the judicial council functions. Siništaj later reported, however, that he believes that this Constitution was made for "future generations and better for tomorrow's Montenegro". Also, none of the amendments from any of the opposition parties were passed.

Miodrag Živković, leader of the Liberal Party of Montenegro
Liberal Party of Montenegro
The Liberal Party of Montenegro is a centre-left liberal political party in Montenegro. The party advocated liberalism and the bringing down of Milo Đukanović's rule, seeing it as authoritarian and undemocratic...

, announced that the text of the Constitution should be acceptable by all the people of Montenegro. However, Nebojša Medojević, leader of the Movement for Changes
Movement for Changes
Movement for Changes is a political party in Montenegro which has a proclaimed goal to integrate their country into the European Union and to support political and economic reforms to bring it into line with European norms...

, announced that nobody is completely satisfied with the new Constitution, but on the other hand can't be completely satisfied with the Constitution. Medojević also announced that this will be the Constitution of all citizens of Montenegro, which will open the doors to the European Union.

Milo Đukanović announced to the press that the Constitution will "open the European doors to Montenegro's future".

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.

Controversy

The pro-Serbian parties in Montenegro declare the new Constitution "Anti-Serbian"
Serbophobia
Anti-Serb sentiment is a generic term used to describe a sentiment of hostility or hatred towards Serbs, Serbia or Serbian Orthodoxy...

, 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. Predrag Popović, leader of the People's Party
People's Party (Montenegro)
The People's Party is an opposition populist political party in Montenegro. It is the main conservative party in Montenegro, as opposed to ruling party and its main opposition, both of which are socialist orientated.At the last legislative elections in Montenegro, in March 2009, NS formed a...

, 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.

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
Serbia and Montenegro
Serbia and Montenegro was a country in southeastern Europe, formed from two former republics of the Socialist Federal Republic of Yugoslavia : Serbia and Montenegro. Following the breakup of Yugoslavia, it was established in 1992 as a federation called the Federal Republic of Yugoslavia...

).

Goran Danilović of the 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.

According to Dragan Šoć of the People's Party
People's Party (Montenegro)
The People's Party is an opposition populist political party in Montenegro. It is the main conservative party in Montenegro, as opposed to ruling party and its main opposition, both of which are socialist orientated.At the last legislative elections in Montenegro, in March 2009, NS formed a...

, the Constitution of Montenegro as adopted is divisive.

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.

Constitution of Montenegro in union with Serbia

The Constitution of the Republic of Montenegro was approved by Montenegro
Montenegro
Montenegro Montenegrin: Crna Gora Црна Гора , meaning "Black Mountain") is a country located in Southeastern Europe. It has a coast on the Adriatic Sea to the south-west and is bordered by Croatia to the west, Bosnia and Herzegovina to the northwest, Serbia to the northeast and Albania to the...

's Parliament
Parliament of Montenegro
The Parliament of Montenegro is the unicameral legislature of Montenegro. The Parliament currently has 81 members, each elected for a four-year term. The current Speaker of the Parliament is Ranko Krivokapić, while the deputy speakers are Željko Šturanović and Rifat Rastoder...

 on October 12, 1992. This established Montenegro as a democratic ecological and social
Social
The term social refers to a characteristic of living organisms...

 constituent republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...

 of the Federal Republic of Yugoslavia, with Serbian
Serbian language
Serbian is a form of Serbo-Croatian, a South Slavic language, spoken by Serbs in Serbia, Bosnia and Herzegovina, Montenegro, Croatia and neighbouring countries....

 as its official language. Cetinje
Cetinje
Cetinje , Цетиње / Cetinje , Italian: Cettigne, Greek: Κετίγνη, Ketígni) is a town and Old Royal Capital of Montenegro. It is also a historical and the secondary capital of Montenegro , with the official residence of the President of Montenegro...

 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
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...

. 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
Socialist Federal Republic of Yugoslavia
The Socialist Federal Republic of Yugoslavia was the Yugoslav state that existed from the abolition of the Yugoslav monarchy until it was dissolved in 1992 amid the Yugoslav Wars. It was a socialist state and a federation made up of six socialist republics: Bosnia and Herzegovina, Croatia,...

. The capital was Titograd. Montenegro was defined a free non-national civic state, with Serbo-Croatian
Serbo-Croatian
Serbo-Croatian or Serbo-Croat, less commonly Bosnian/Croatian/Serbian , is a South Slavic language with multiple standards and the primary language of Serbia, Croatia, Bosnia and Herzegovina, and Montenegro...

 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. Prince Nicholas I of Montenegro
Nicholas I of Montenegro
Nikola I Mirkov Petrović-Njegoš was the only king of Montenegro, reigning as king from 1910 to 1918 and as prince from 1860 to 1910. He was also a poet, notably penning "Onamo, 'namo!", a popular song from Montenegro.-Early life:Nikola was born in the village of Njeguši, the ancient home of the...

 wanted to forestall a revolution like the one in Russia
Russian Revolution of 1905
The 1905 Russian Revolution was a wave of mass political and social unrest that spread through vast areas of the Russian Empire. Some of it was directed against the government, while some was undirected. It included worker strikes, peasant unrest, and military mutinies...

 by placating constitutionalists. At that time, Montenegro along with Andorra
Andorra
Andorra , officially the Principality of Andorra , also called the Principality of the Valleys of Andorra, , is a small landlocked country in southwestern Europe, located in the eastern Pyrenees mountains and bordered by Spain and France. It is the sixth smallest nation in Europe having an area of...

, Monaco
Monaco
Monaco , officially the Principality of Monaco , is a sovereign city state on the French Riviera. It is bordered on three sides by its neighbour, France, and its centre is about from Italy. Its area is with a population of 35,986 as of 2011 and is the most densely populated country in the...

, the Russian Empire
Russian Empire
The Russian Empire was a state that existed from 1721 until the Russian Revolution of 1917. It was the successor to the Tsardom of Russia and the predecessor of the Soviet Union...

, the United Kingdom
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....

, and the Ottoman Empire
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...

 (suspended) were the only states in Europe without a written constitution. It was heavily influenced by the Serbian
Kingdom of Serbia
The Kingdom of Serbia was created when Prince Milan Obrenović, ruler of the Principality of Serbia, was crowned King in 1882. The Principality of Serbia was ruled by the Karađorđevic dynasty from 1817 onwards . The Principality, suzerain to the Porte, had expelled all Ottoman troops by 1867, de...

 constitution and came into effect a few months before Russia's. It defined Montenegro as a nation-state
Nation-state
The nation state is a state that self-identifies as deriving its political legitimacy from serving as a sovereign entity for a nation as a sovereign territorial unit. The state is a political and geopolitical entity; the nation is a cultural and/or ethnic entity...

 of the Montenegrins.

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
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...

 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 Montenegrin Church
Metropolitanate of Montenegro and the Littoral
The Metropolitanate of Montenegro is the largest diocese of the Serbian Orthodox Church in Montenegro. Founded in 1219 by Saint Sava, it is now one of the most prominent dioceses in the Serbian Orthodox Church. The current Metropolitan is Amfilohije...

 sanctioned. The capital was Cetinje
Cetinje
Cetinje , Цетиње / Cetinje , Italian: Cettigne, Greek: Κετίγνη, Ketígni) is a town and Old Royal Capital of Montenegro. It is also a historical and the secondary capital of Montenegro , with the official residence of the President of Montenegro...

.

External links

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