June 9, 2020 - "Based on Article 150 of the Constitution of Montenegro, which authorizes the Constitutional Court to initiate proceedings on its own initiative to assess constitutionality and/or legality, as well as to issue orders for the suspension of the execution of individual acts or action if their execution could have irreparable harmful consequences, we propose that the Court, in accordance with the appended act, exercise their right to discretion and thereby contribute to the reduction of existing tensions."
Radić Legal Office from Belgrade has proposed to the Constitutional Court of Montenegro to initiate proceedings on its own initiative in order to assess constitutionality and legality and to suspend the execution of decisions related to the ban on Serbian citizens entering Montenegro, on priests from the Serbian Orthodox Church (SOC) performing religious rites, and the ban on all other citizens expressing disagreement with the Law on Freedom of Religion.
"Based on Article 150 of the Constitution of Montenegro, which authorizes the Constitutional Court to initiate proceedings on its own initiative to assess constitutionality and/or legality, as well as to issue orders for the suspension of the execution of individual acts or actions if their execution could have irreparable harmful consequences, we propose the Court should, in accordance with the appended act, exercise their right to discretion and thus contribute to the reduction of the existing tensions, " Radić Legal Office stated in a letter.
They consider it unconstitutional and illegal to ban Serbian citizens from entering Montenegro, to prohibit SOC priests from performing religious rites, to ban SOC believers spontaneously celebrating holidays once a year, as well as banning other citizens from expressing disagreement with the Law "which unconstitutionally and illegally confiscates immovable property, ".
They propose to the Constitutional Court that they conclude that the decision establishing the National Coordination Body for Infectious Diseases runs contrary to the provisions of the Law on Protection of the Population from Infectious Diseases, and particularly the aspect whereby the Minister, contrary to his authority, appoints the Deputy Prime Minister as Head of the NCB.
They also believe that the Order on temporary measures to prevent the new coronavirus entering the country, and to suppress and prevent the transmission of the new coronavirus, is unconstitutional and illegal because the Ministry of Health "is usurping the powers of the Assembly and determining prison sentences".
"The Constitutional Court is expected to issue a decision on its own initiative suspending all misdemeanor and criminal proceedings initiated against SOC clergy and Montenegrin citizens for alleged non-compliance with health regulations combatting dangerous contagious diseases," the lawyers stated.
The legal firm has previously been hired on several occasions on behalf of the Serbian Orthodox Church.
Source: Biljana Matijašević, Vijesti Online
