The Center for Democratic Transition (CDT) expects that the Constitutional Court, in the procedure for assessing the constitutionality and legality of the Decision on the Amendment to the Statute of the Municipality of Nikšić, which introduces the “glory of the city”, will succeed in “resisting the pressures and desires of political actors” and will make a decision based on constitutional principles, legal knowledge and an impartial understanding of justice.

Its independence and ability to decide exclusively in the interest of protecting the rule of law and citizens’ rights are key to preserving the democratic order and citizens’ trust in the institutional framework of the state, said Milica Kovačević, CDT program director.

“On December 27, the Constitutional Court finally informed the public that it had decided to initiate proceedings to review the constitutionality and legality of the Decision on the Amendment to the Statute of the Municipality of Nikšić, which introduces the ‘glory of the city’. It is difficult for anyone to praise the Court’s promptness, since the CDT submitted this initiative more than a year and a half ago, with repeated appeals for the Court to decide on our initiative. The Constitutional Court’s passivity left room for other municipalities to pass similar discriminatory regulations. Encouraged by the example of Nikšić, in Pljevlja they went a step further, intending to abolish the anti-fascist holiday – Liberation Day, and replace it with an Orthodox religious holiday as the city’s day,” the statement reads.

Kovačević says that the Constitutional Court’s decisions are not just a reaction to problems that have already arisen, but also a tool for establishing legal and social standards that prevent the adoption of similar acts in the future.

“Its preventive role is essential for preserving constitutional values, protecting human rights and preserving the secular character of the state. Therefore, we express our hope that the Constitutional Court will not need another year to reach a decision, but that this issue will be resolved as soon as possible.”

This task, she said, should not be difficult, since the Constitutional Court of the then Republic of Montenegro had determined back in 2005 that the introduction of the “baptism ceremony” into the Statute of the Municipality of Herceg Novi was not in accordance with the Constitution and the law.

“At that time, the Court assessed that the Herceg Novi Municipal Assembly, through the disputed acts, introduced the celebration of the Baptism of Christ, thereby violating the constitutional principle guaranteeing freedom of belief, conscience and thought, and introduced religious customs into state and other institutions in the territory of the Herceg Novi municipality, thereby violating the constitutional principle of the separation of church and state,” Kovačević recalls.

The court’s statement, she said, emphasized procedural shortcomings, which the CDT also pointed out – the Nikšić Municipal Assembly did not obtain the government’s consent before making the decision, which is contrary to the Law on Local Self-Government. However, she added, “the problem goes much deeper than procedure.”

Kovačević said that the role of the Constitutional Court cannot and must not be limited to procedural issues, but that it is expected to be a guarantor of equality and justice for all citizens.

“CDT is convinced that by introducing the ‘city glory’, the Nikšić Municipal Assembly has placed members of the Orthodox religious community in a privileged position in relation to other citizens – members of other religious communities and atheists, and thus violated the principle of equality of citizens, their right to freedom of religion, as well as their constitutional right to be protected from any act of indirect or direct discrimination. We expect that the Constitutional Court of Montenegro will succeed in resisting the pressures and desires of political actors and that it will make a decision based on constitutional principles, legal knowledge and an impartial understanding of justice. This will send a message to all municipalities that are considering or planning similar discriminatory measures,” the statement reads.

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