The Metropolitan of the Serbian Orthodox Church (SPC) in Montenegro awarded Milorad Gogić, the former President and Judge of the Constitutional Court, the Order of St. Peter. According to the Serbian Order, this is their largest honor and a significant recognition within the religious community.

Milorad Gogić led the Constitutional Court when it addressed appeals concerning the fundamental agreement between the state and the Serbian Orthodox Church.

All appeals were dismissed, affirming the agreement as consistent with the Constitution.

“Gogic was honored because he adhered to the law, uninfluenced by political or earthly powers. In his pursuit of justice, he was guided by both divine and human laws,” stated Metropolitan Joanikije.

Gogic assumed the position of President of the Constitutional Court in mid-January 2024; however, he only served for a few months before moving to age pension.

He is currently working as an expert associate to Andrija Mandić, the President of the Assembly and a leader of the former Democratic Front party, which is closely aligned with the SPC.

What is the fundamental contract and why is it under scrutiny?

The fundamental contract, which governs the relations between Montenegro and the SPC, was signed in August 2022 by then Montenegrin Prime Minister Dritan Abazović and Patriarch Porfirije of the SPC.

The contract was executed without professional deliberation and was signed without public notice. It has resulted in significant social and political discord, leading to a vote of no confidence in Abazović’s government.

Members of the opposition parties view it as a persistent injustice against the SPC, asserting that it undermines statehood and identity, which the secular nature of Montenegro guarantees under the Constitution.

Among other provisions, the contract recognizes legal recognition for the SPC dating back over six centuries, imposes a duty on the state to register church properties without proof of ownership, and opens the door for the implementation of religious education in schools.

Additionally, it prohibits state bodies from taking any security actions in church facilities without prior consent from the appropriate church authorities.

Background of the negotiations over the fundamental contract

The discourse surrounding the fundamental contract between Montenegro and the Serbian Orthodox Church began in 2012, during the leadership of Amfilohije and the Democratic Party of Socialists (DPS) led by Milo Đukanović.

At that time, Amfilohije sent a proposal for the contract to the government but never received a response.

In 2019, the DPS administration enacted the Law on Freedom of Religion, which was opposed by the Serbian Orthodox Church. This led to widespread protests, contributing to the fall of the DPS government in August 2020.

The opposition, which was supportive of the Serbian Orthodox Church, subsequently took power.

Following the passing of Amfilohije, Joanikije was elected as the new Metropolitan, amid incidents and a large police presence, on September 5, 2021, in Cetinje, with Patriarch Porfirije in attendance.