Centre for Civic Education (CCE) assesses that the President of the Constitutional Court, Snežana Armenko, allowed herself to be instrumentalized for the political interests of the ruling majority, thereby violating a number of imperative provisions, including the Constitution itself. In a democratic society, even if she was not consciously involved, she should now either voluntarily resign or be dismissed from her position as President and Judge of the Constitutional Court.
“The law is the law, no matter how harsh it may be,” states Article 988 of the General Property Code for the Principality of Montenegro, written by jurist Valtazar Bogišić, the founder of legal thought in Montenegro.
CCE reminds that the Constitution of Montenegro, the Law on the Constitutional Court, and the Rules of Procedure of the Constitutional Court clearly define the procedures for determining the fulfillment of conditions for the termination of a judge’s function. This implies that Constitutional Court judges must reach an agreement during a session before informing the Parliament.
CCE emphasizes that the President of the Constitutional Court should not have placed herself above these norms, regardless of her personal and professional views on a specific legal matter. Namely, due to her position, she was required to be the first to respect these provisions and procedures.
Furthermore, no creative interpretations, especially those coming from politicians, should take precedence over explicit constitutional provisions. The Parliament, by voting for the appointment of Constitutional Court judges, granted them the mandate to protect the Constitution and legality. Subsequently, with the support of the President of the Constitutional Court, Armenko, it assumed the powers of the Constitutional Court, which is solely authorized to determine the grounds for the termination of a judge’s mandate.
Lawyers often hold differing opinions. However, the CCE firmly maintains undisputable position that taking the law into one’s own hands, when a majority for a certain position cannot be achieved through the existing constitutional and legislative framework and the competent institutions, represents the most dangerous violation of the principles of the rule of law.
Damir Suljević, Human Rights Programme Coordinator