Constitution of the Republic of Montenegro (1992, as amended 2006) (excerpts related to Elections) (English)
THE CONSTITUTION OF MONTENEGRO
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Sovereignty
Article 2
Bearer of sovereignty is the citizen with Montenegrin citizenship.
The citizen shall exercise power directly and through the freely elected
representatives.
The power that is not stemming from the freely expressed will of the citizens in
the democratic elections, in accordance with the law, shall not be established nor
recognized.
Electoral right
Article 45
The right to elect and stand for elections shall be granted to the citizen of
Montenegro who is 18 years of age or above and who has minimum two years of
residence in Montenegro.
The electoral right shall be exercised in elections.
The electoral right shall be general and equal.
Elections shall be free and direct, by secret ballot.
Composition of the Parliament
Article 83
The Parliament shall consist of the Members of the Parliament elected directly on
the basis of the general and equal electoral right and by secret ballot.
The Parliament shall have 81 Members.
Mandate of the Parliament
Article 84
The mandate of the Parliament shall last for four years.
The mandate of the parliament may cease prior to the expiry of the period for
which it was elected by dissolving it or reducing the mandate of the Parliament.
If the mandate of the Parliament expires during the state of war or the state of
emergency, the mandate shall be extended for the period of up to 90 days upon
termination of the circumstances that have caused such state.
At the proposal of the President of Montenegro, the Government or minimum 25
MP’s, the Parliament may reduce the duration of its mandate.
Cessation of mandate of the Member of the Parliament
Article 87
Mandate of a Member of the Parliament shall cease prior to the expiry of the
period for which he/she was elected:
1) By resignation;
2) If he/she was convicted by an enforceable decision of the court to an
unconditional imprisonment sentence of minimum six months;
3) If he/she was deprived of the ability to work by an enforceable decision;
4) Due to cessation of Montenegrin citizenship.
Election
Article 96
The President of Montenegro shall be elected on the basis of a general and equal
electoral right, through direct and secret ballot.
A Montenegrin citizen residing in Montenegro for minimum 10 years in the past
15 years may be elected for the President of Montenegro.
The Speaker of the Parliament shall call for the elections for the President of
Montenegro.
Mandate
Article 97
The President of Montenegro shall be elected for the period of five years.
The same person may be elected the President of Montenegro maximum two
times.
The President of Montenegro shall assume the duty on the date of taking an oath
before the Members of the Parliament.
If the mandate of the President expires during the state of war or the state of
emergency, the mandate shall be extended for maximum 90 days after the end of
circumstances that have caused that state.
The President of Montenegro shall not perform any other public duty.
Cessation of mandate
Article 98
The mandate of the President of Montenegro shall end with the expiry of time for
which he/she was elected, by resignation, if he/she is permanently unable to perform the
duty of the President and by impeachment.
The President shall be held responsible for the violation of the Constitution.
The procedure to determine whether the President of Montenegro has violated the
Constitution shall be initiated by the Parliament, at the proposal of minimum 25 Members
of the Parliament.
The Parliament shall submit the proposal to initiate the procedure to the President
of Montenegro for plead.
The Constitutional Court shall decide on existence or non-existence of violation
of the Constitution and shall publish the decision and submit it to the Parliament and the
President of Montenegro without delay.
The Parliament may impeach the President of Montenegro when the
Constitutional Court finds that he/she has violated the Constitution.
Discharge of duties in case of impediment or cessation of mandate
Article 99
In case of cessation of mandate of the President of Montenegro, until the election
of the new President, as well as in the case of temporary impediment of the President to
discharge his/her duties, the Speaker of the Parliament shall discharge this duty.
Responsibility
Article 149
The Constitutional Court shall decide on the following:
7) Electoral disputes and disputes related to the referendum, which are not the
responsibility of other courts;
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