- PART ONE BASIC PROVISIONS
- The State Article 1
- Sovereignty Article 2
- State territory Article 3
- State symbols Article 4
- Capital and Old Royal Capital 5
- Human rights and liberties Article 6
- Prohibition of infliction of hatred Article 7
- Prohibition of discrimination Article 8
- Legal order Article 9
- Limits of liberties Article 10
- Division of powers Article 11
- Montenegrin citizenship Article 12
- Language and alphabet Article 13
- Separation of the religious communities from the State Article 14
- Relations with other states and international organizations Article 15
- Legislation Article 16
- PART TWO HUMAN RIGHTS AND LIBERTIES
- 1. COMMON PROVISIONS
- 2. PERSONAL RIGHTS AND LIBERTIES
- Prohibition of death penalty Article 26
- Bio-medicine Article 27
- Dignity and inviolability of person Article 28
- Deprivation of liberty Article 29
- Detention Article 30
- Respect for person Article 31
- Fair and public trial Article 32
- Principle of legality Article 33
- More lenient law Article 34
- Presumption of innocence Article 35
- Ne bis in idem Article 36
- Right to defense Article 37
- Compensation of damage for illegal action Article 38
- Movement and residence Article 39
- Right to privacy Article 40
- Inviolability of home Article 41
- Confidentiality of correspondence Article 42
- Personal data Article 43
- Right to asylum Article 44
- 3. POLITICAL RIGHTS AND LIBERTIES
- Electoral right Article 45
- Freedom of thought, conscience and religion Article 46
- Freedom of expression Article 47
- Objection of conscience Article 48
- Freedom of press Article 49
- Prohibition of censorship Article 50
- Access to information Article 51
- Freedom of assembly Article 52
- Freedom of association Article 53
- Prohibition of organizing Article 54
- Prohibition of operation and establishment Article 55
- Right to address international organizations Article 56
- Right of recourse Article 57
- 4. ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND LIBERTIES
- Article 58 Property
- Entrepreneurship Article 59
- Right to succession Article 60
- Rights of foreign nationals Article 61
- Right to work Article 62
- Prohibition of forced labor Article 63
- Rights of the employed Article 64
- Social Council Article 65
- Strike Article 66
- Social insurance Article 67
- Protection of persons with disability Article 68
- Health protection Article 69
- Consumer protection Article 70
- Marriage Article 71
- Family Article 72
- Protection of mother and child Article 73
- Rights of a child Article 74
- Education Article 75
- Freedom of creation Article 76
- Science, culture and arts Article 77
- Protection of natural and cultural heritage Article 78
- 5. SPECIAL – MINORITY RIGHTS
- 6. PROTECTOR OF HUMAN RIGHTS AND LIBERTIES
- PART THREE O ORGANIZATION OF POWERS
- 1. PARLIAMENT OF MONTENEGRO
- Responsibility Article 82
- Composition of the Parliament Article 83
- Mandate of the Parliament Article 84
- Rights and responsibilities of the Members of the Parliament Article 85
- Immunity Article 86
- Cessation of mandate of the Member of the Parliament Article 87
- Constitution of the Parliament Article 88
- Speaker and Deputy Speaker of the Parliament Article 89
- Sessions of the Parliament Article 90
- Decision-making Article 91
- Dissolution of Parliament Article 92
- Proposing laws and other acts Article 93
- Proclamation of laws Article 94
- 2. PRESIDENT OF MONTENEGRO
- 3. GOVERNMENT OF MONTENEGRO
- Responsibility Article 100
- Decrees with legal power Article 101
- Composition of the Government Article 102
- Election Article 103
- Incompatibility of duties Article 104
- Resignation and impeachment Article 105
- Issue of confidence Article 106
- Issue of no confidence Article 107
- Interpellation Article 108
- Parliamentary investigation Article 109
- Cessation of mandate Article 110
- Civil service Article 111
- Delegation and entrusting of duties Article 112
- 4. LOCAL SELF-GOVERNMENT
- 5. THE COURT
- Principles of the judiciary Article 118
- Panel of judges Article 119
- Publicity of trial Article 120
- Standing duty Article 121
- Functional immunity Article 122
- Incompatibility of duties Article 123
- Supreme Court Article 124
- Election of judges Article 125
- Judicial Council Article 126
- Composition of the Judicial Council Article 127
- Responsibility of the Judicial Council Article 128
- 6. ARMY OF MONTENEGRO
- 7. DEFENSE AND SECURITY COUNCIL
- 8. STATE PROSECUTION
- 1. PARLIAMENT OF MONTENEGRO
- PART FOUR ECONOMIC ORDER
- PART FIVE CONSTITUTIONALITY AND LEGALITY
- PART SIX CONSTITUTIONAL COURT OF MONTENEGRO
- PART SEVEN CHANGE OF THE CONSTITUTION
- PART EIGHT TRANSITIONAL AND FINAL PROVISION
Stemming from:
The decision of the citizens of Montenegro to live in an independent and sovereign state of
Montenegro, made in the referendum held on May 21, 2006;
The commitment of the citizens of Montenegro to live in a state in which the basic values are freedom, peace, tolerance, respect for human rights and liberties, multiculturalism, democracy and the rule of law;
The determination that we, as free and equal citizens, members of peoples and national minorities who live in Montenegro: Montenegrins, Serbs, Bosniacs, Albanians, Muslims, Croats and the others, are committed to democratic and civic Montenegro;
The conviction that the state is responsible for the preservation of nature, sound environment, sustainable development, balanced development of all its regions and the establishment of social justice;
The dedication to cooperation on equal footing with other nations and states and to the
European and Euro-Atlantic integrations,
the Constitutional assembly of the Republic of Montenegro, at its third sitting of the second regular session in 2007, held on 19 October 2007, adopts
THE CONSTITUTION OF MONTENEGRO
Montenegro is an independent and sovereign state, with the republican form of rule.
Montenegro is a civil, democratic, ecological and the state of social justice, based on the rule of law.
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 recognized.
The territory of Montenegro is unified and inalienable.
Montenegro shall have a coat of arms, a flag and a national anthem.
The coat of arms of Montenegro shall be the golden double-headed eagle with lion on its chest.
The flag of Montenegro shall be red in color, with the coat of arms in the center and the
golden brim.
The national anthem of Montenegro shall be “Oj svijetla majska zoro”.
The capital of Montenegro shall be Podgorica,
The Old Royal Capital of Montenegro shall be Cetinje.
Montenegro shall guarantee and protect rights and liberties. The rights and liberties shall be inviolable.
Everyone shall be obliged to respect the rights and liberties of others.
Infliction or encouragement of hatred or intolerance on any grounds shall be prohibited.
Direct or indirect discrimination on any grounds shall be prohibited.
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.
Special measures may only be applied until the achievement of the aims for which they were undertaken.
The ratified and published international agreements and generally accepted rules of international law shall make an integral part of the internal legal order, shall have the supremacy over the national legislation and shall be directly applicable when they regulate the relations differently from the internal legislation.
In Montenegro, what is not prohibited by the Constitution and the law shall be free/ permitted.
Everybody is obliged to abide by the Constitution and the law.
The power shall be regulated following the principle of the division of powers into the legislative, executive and judicial.
The legislative power shall be exercised by the Parliament, the executive power by the
Government and the judicial by the court.
The power is limited by the Constitution and the law.
The relationship between powers shall be based on balance and mutual control.
Montenegro shall be represented by the President of Montenegro.
Constitutionality and legality shall be protected by the Constitutional Court.
Army and security services shall be under democratic and civil control.
In Montenegro there shall be a Montenegrin citizenship.
Montenegro shall protect the rights and interests of the Montenegrin citizens.
Montenegrin citizen shall not be expelled or extradited to other state, except in accordance with the international obligations of Montenegro.
The official language in Montenegro shall be Montenegrin. Cyrillic and Latin alphabet shall be equal.
Serbian, Bosniac, Albanian and Croatian shall also be in the official use.
Religious communities shall be separated from the state.
Religious communities shall be equal and free in the exercise of religious rites and religious affairs.
Montenegro shall cooperate and develop friendly relations with other states, regional and international organizations, based on the principles and rules of international law.
Montenegro may accede to international organizations.
The Parliament shall decide on the manner of accession to the European Union. Montenegro shall not enter into a union with another state by which it loses its independence and full international personality.
The law, in accordance with the Constitution, shall regulate the following:
1) the manner of exercise of human rights and liberties, when this is necessary for their exercise;
2) the manner of exercise of the special minority rights;
3) the manner of establishment, organization and competences of the authorities and the
procedure before those authorities, if so required for their operation;
4) the system of local self-government;
5) other matters of interest for Montenegro.
PART ONE
BASIC PROVISIONS
The State Article 1
Sovereignty Article 2
State territory Article 3
State symbols Article 4
Capital and Old Royal Capital 5
Human rights and liberties Article 6
Prohibition of infliction of hatred Article 7
Prohibition of discrimination Article 8
Legal order Article 9
Limits of liberties Article 10
Division of powers Article 11
Montenegrin citizenship Article 12
Language and alphabet Article 13
Separation of the religious communities from the State Article 14
Relations with other states and international organizations Article 15
Legislation Article 16