Montenegro | Constitutional provisions

Text of the Constitution (in english)

European Union
International Treaties
Constitutional reform
Referendum

1. Provisions concerning the European Union

Article 15 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.

2. Provisions concerning International Treaties

Article 9 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 apply directly when they regulate relations differently than the national legislation.

Article 82 The Parliament shall:
17) Confirm international agreements

Article 100 The Government shall:
4) Sign international agreements

Article 145 The law shall be in conformity with the Constitution and confirmed international agreements, and other regulations shall be in conformity with the Constitution and the law.

Article 149 The Constitutional Court shall decide on the following:
1) Conformity of laws with the Constitution and confirmed and published international agreements

3. Provisions concerning Constitutional Reform

Article 155 The proposal to change the Constitution may be submitted by the President of Montenegro, the Government or minimum 25 Members of the Parliament.
With the Proposal to change the Constitution it may be proposed to change or amend individual provisions of the Constitution or to adopt the new Constitution.
The Proposal to change individual provisions of the Constitution shall contain the indication of the provisions for which change is demanded and the justification.
The Proposal to change the Constitution shall be adopted in the Parliament if two thirds of the total number of Members of the Parliament vote in favor of it.
If the proposal to change the Constitution has not been adopted, the same proposal shall not be repeated prior to the expiry of one year from the day when the proposal was rejected.

Article 156 Change of the individual provisions of the Constitution shall be made through amendments.
Draft act on the change of the Constitution shall be prepared by the responsible working body of the Parliament.
Draft act on the change of the Constitution shall be adopted in the Parliament if two thirds of all the Members of the Parliaments vote in favor of it.
The Parliament shall submit the adopted Draft act on the change of the Constitution for public hearing, which shall not last less than one month.
After the end of the public hearing, the responsible working body of the Parliament shall define the Proposal of the act on the change of the Constitution.
The act on the change of the Constitution shall be adopted in the Parliament if two thirds of all the Members of the Parliament vote in favor of it.
Change of the Constitution shall not take place during the state of war and the state of emergency.

Article 157 Change of Articles 1, 2, 3, 4, 12, 13, 15, 45 and 157 shall be final if minimum three fifths of the total number of voters support the change in the national referendum.

4. Provisions concerning referendum

 Article 82 The Parliament shall:
11) Call for the national referendum

Article 91 The Parliament shall decide by majority vote of the present Members of the Parliament in the session attended by over one half of the total number of Members, unless otherwise regulated by the Constitution.
With the majority vote of the total number of Members the Parliament shall adopt the laws that regulate: manner of exercise of liberties and rights of the citizens, Montenegrin citizenship, referendum, material responsibilities of the citizens, state symbols and use of state symbols, defense and security, the army, establishment, merger and abolition of municipalities; proclaims the state of war and state of emergency; adopts the spatial plan; adopts the Rules of Procedure of the Parliament; decides on calling for the referendum; decide on the use of units of the Army of Montenegro in the international forces; decides on the reduction of the mandate; decides on the removal of the President of the Republic from office; elects and dismisses the Prime Minister and members of the Government and decides on the trust in the Government; elects and dismisses the President of the Supreme court, presidents and judges of the Constitutional court; appoints and dismisses the Protector of human rights and liberties.

Article 93 The right to propose laws and other acts shall be granted to the Government and the Member of the Parliament.
The right to propose laws shall also be granted to six thousand voters, through the Member of the Parliament they authorized.
The proposal to call for the national referendum may be submitted by: 25 Members of the Parliament, the President of Montenegro, the Government or minimum 10% of the citizens with the right to vote.

Article 157 Change of Articles 1, 2, 3, 4, 12, 13, 15, 45 and 157 shall be final if minimum three fifths of the total number of voters support the change in the national referendum.