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Article 148. Legality of individual acts Individual legal act shall be in conformity with the law. Final individual legal acts shall enjoy court protection. PART 6. CONSTITUTIONAL COURT OF Establishment of constitutional court MONTENEGRO Constitutional court powers Constitutional interpretation Article 149. Responsibility The Constitutional Court shall decide on the following: 1. Conformity of laws with the Constitution and confirmed and published Legal status of treaties international agreements; International law 2. Conformity of other regulations and general acts with the Constitution and the law; 3. Constitutional appeal due to the violation of human rights and liberties granted by the Constitution, after all other efficient legal remedies have been exhausted; 4. Whether the President of Montenegro has violated the Constitution, 5. The conflict of responsibilities between courts and other state authorities, between state authorities and local self-government authorities, and between the authorities of the local self-government units; 6. Prohibition of work of a political party or a non-governmental organization; Regulation of political parties 7. Electoral disputes and disputes related to the referendum, which are not the Referenda responsibility of other courts; 8. Conformity with the Constitution of the measures and actions of state Emergency provisions authorities taken during the state of war or the state of emergency; 9. Performs other tasks stipulated by the Constitution. If the regulation ceased to be valid during the procedure for the assessment of constitutionality and legality, and the consequences of its enforcement have not been recovered, the Constitutional Court shall establish whether that regulation was in conformity with the Constitution, that is, with the law during its period of validity. The Constitutional Court shall monitor the enforcement of constitutionality and legality and shall inform the Parliament about the noted cases of unconstitutionality and illegality. Montenegro 2007 (rev. 2013) Page 30 constituteproject.org PDF generated: 27 Apr 2022, 10:50 Constitutionality of legislation Constitutional interpretation Article 150. Initiation of the procedure to assess constitutionality and legality Any person may file an initiative to start the procedure for the assessment of constitutionality and legality. The procedure before the Constitutional Court for the assessment of constitutionality and legality may be initiated by the court, other state authority, local self-government authority and five Members of the Parliament. The Constitutional Court itself may also initiate the procedure for the assessment of constitutionality and legality. During the procedure, the Constitutional Court may order to stop the enforcement of an individual act or actions that have been taken on the basis of the law, other regulation or general act, the constitutionality, i.e. legality of which is being assessed, if the enforcement thereof could cause irreparable damage. Constitutional interpretation Constitutionality of legislation Article 151. Decision of the Constitutional Court The Constitutional Court shall decide by majority vote of all judges. The decision of the Constitutional Court shall be published. The decision of the Constitutional Court shall be generally binding and enforceable. When necessary, the Government shall secure the enforcement of the decision of the Constitutional Court. The Constitutional Court shall decide in respect of a constitutional appeal by a council consisting of three judges. The Council may make only unanimous decisions by all its members. If the Council may not achieve a unanimous decision, the constitutional appeal shall be decided upon by the Constitutional Court in accordance with paragraph 1 of this Article. Constitutionality of legislation Constitutional interpretation Article 152. Cessation of validity of a regulation International law Legal status of treaties When the Constitutional Court establishes that the law is not in conformity with the Constitution and confirmed and published international agreements, that is, that other regulation is not in conformity with the Constitution and the law, that law and other regulation shall cease to be valid on the date of publication of the decision of the Constitutional Court. The law or other regulation, i.e. their individual provisions that were found inconsistent with the Constitution or the law by the decision of the Constitutional Court, shall not be applied to the relations that have occurred prior to the publication of the Constitutional Court decision, if they have not been solved by an absolute ruling by that date.