Montenegro
13. 05. 2022. 00:00 >> 16:01
DF WROTE TO THE CONSTITUTIONAL COURT
DF initiated a review of the constitutionality of postponing the elections
The Parliamentary Club of the Democratic Front (DF) submitted a proposal to the Constitutional Court to assess the constitutionality of the amendments to the Law on Local Self-Government, which postponed the local elections to October 23.
The DF believes that such a law would create a "dangerous and unconstitutional precedent according to which, with the intervention of the legislator, it is possible to arbitrarily change the electoral system while the previously scheduled election actions last."
"Thus, for example, if the disputed regulation remains in the legal order of Montenegro, it could happen that the legislator decides in September to move the deadline for holding local elections to March 2023 at the latest. Given the allegations of this proposal, it is clear that procedural conditions for this case are met and it could be considered a matter of priority at the Constitutional Court ", states the DF.
It is clear, as they pointed out, that "the regulation is unconstitutional in its entirety, and completely contrary to ratified international agreements."
"Therefore, the law was not adopted by a two-thirds majority as required by the Constitution, but by a simple one. In addition, it is a direct violation of the prohibition of retroactive effect of the law, given that elections were called earlier in June and July. Furthermore, the proponent of such a law stated that it should be a temporary replacement for comprehensive electoral reform, where such legislative activity required a two-thirds majority, “the DF said.
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