Constitutional Commission of Montenegro

“ No penal action shall be taken against and no detention shall be assigned to a Member of the Parliament, without the consent of the Parliament, unless the Member has been caught performing a criminal offense for which there is a prescribed sentence of over five years of imprisonment. The President of Montenegro, the Prime Minister and members of the Government, the President of the Supreme Court, the President and the judges of the Constitutional Court, and the Supreme State Prosecutor shall enjoy the same immunity as the Members of the Parliament. ”

“ A foreign national shall not be expelled from Montenegro to where due to his race, religion, language or association with a nation he/she is threatened with death sentence, torture, inhuman degradation, persecution or serious violation of rights guaranteed by this Constitution. A foreign national may be expelled from Montenegro solely on the basis of a court decision and in a procedure provided for by the law. ”

“ Political organizing in public bodies shall be prohibited. A judge of the Constitutional Court, a judge, a state prosecutor and his deputy, an Ombudsman, a member of the Council of the Central Bank, a member of the Senate of the State Audit Institution, a professional member of the Army, Police and other security services shall not be a member of any political organization. Political organizing and actions of foreign nationals and political organizations with the seat outside of Montenegro shall be prohibited. ”

“ 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 2 (Sovereignty) Bearer of sovereignty is the citizen with Montenegrin citizenship. The citizen shall exercise power directly and through the freely elected representatives. The power not stemming from the freely expressed will of the citizens in democratic election in accordance with the law, can neither be established nor recognised. ”

“ The state of war shall be proclaimed when there is direct danger of war for Montenegro, when Montenegro is attacked or war is declared against it. If the Parliament is not able to meet, the Defense and Security Council shall adopt the decision to proclaim the state of war and submit it to the Parliament for confirmation as soon as the Parliament is able to meet. ”

“ 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. ”

“ The judge and the lay judge shall enjoy functional immunity. The judge and the lay judge shall not be held responsible for the expressed opinion or vote at the time of adoption of the decision of the court, unless this represents a criminal offense. In the proceedings initiated because of the criminal offense made in the performance of judicial duty, the judge shall not be detained without the approval of the Judicial Council. ”

“ Everyone shall have the right to health protection. Each child, pregnant woman, elderly person and person with disability shall have the right to health protection from public revenues, if they do not exercise this right on some other grounds. ”

“ The operation of political and other organizations directed towards forceful destruction of the constitutional order, infringement of the territorial integrity of Montenegro, violation of guaranteed freedoms and rights or instigating national, racial, and religious and other hatred and intolerance shall be prohibited. ”

“ Any form of violence, inhuman or degrading behavior against a person deprived of liberty or whose liberty has been limited, and any extortion of confession and statement shall be prohibited and punishable. ”

“ 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. ”

“ The judicial duty shall be permanent. The duty of a judge shall cease at his/her own request, when he/she fulfills the requirements for age pension and if the judge has been sentenced to an unconditional imprisonment sentence. ”

“ Concurrently, person deprived of liberty shall be informed that he/she is not obliged to give any statement. At the request of the person deprived of his/her liberty, the authority shall immediately inform about the deprivation of liberty the person of own choosing of the person deprived of his/her liberty. ”

“ Parents shall be obliged to take care of their children, to bring them up and educate them. Children shall take care of their own parents in need of assistance. Children born out of wedlock shall have the same rights and responsibilities as children born in marriage. ”

“ Law and other regulation shall not have retroactive effect. Exceptionally, if required so by the public interest established in the process of law adoption, individual provisions of the law may have retroactive effect. Provision of the Criminal code may have retroactive effect only if it is more lenient for the perpetrator of a criminal offense. Article 148 (Legality of individual acts) Individual legal act shall be in conformity with the law. Final individual legal acts shall enjoy court protection. ”

“ The state shall encourage and support the development of education, science, culture, arts, sport, physical and technical culture. The state shall protect the scientific, cultural, artistic and historic values. ”