The Constitutional Court has failed to fulfill its duty to report to Parliament about violations of the Constitution and illegal activities for the past ten years, despite a clear mandate from both the Constitution and the Law on the Constitutional Court, according to the Center for Democratic Transition (CDT).

Milica Kovačević, CDT Program Director, stated that instead of acting as a protector of the Constitution, the Constitutional Court has become emblematic of inaction.

“Its prolonged silence amounts to a legal breach by those who are supposed to uphold the law,” Kovačević remarked.

She pointed out that this ongoing institutional lethargy coincides with growing public concerns regarding the constitutionality and legality of various institutional decisions and actions.

“While legal experts, NGOs, attorneys, and academics consistently highlight potential constitutional breaches, the Constitutional Court turns a blind eye, confining itself to addressing individual constitutional complaints and legality assessments, with many cases languishing in bureaucratic limbo for years,” Kovačević cautioned.

She expressed deep concern that judges, past and present, have been selected through political compromises, undermining any true desire for the Constitutional Court to operate independently.

“Although the selection of a new Constitutional Court nearly two years ago was met with optimism and approval, citizens of Montenegro are still waiting for any meaningful transformations,” Kovačević noted.

Currently, the Constitutional Court remains unchanged—insular, ineffective, and conspicuously reluctant to accept accountability.

“This issue extends beyond legal matters; it reflects attitudes toward citizens and the rule of law,” Kovačević underscored.

She emphasized that if the Constitutional Court continues to neglect its responsibilities, it will not serve as the Constitution’s guardian but rather its most vulnerable link.

The CDT is urging judges to cease their practice of institutional silence and to embrace the responsibility that comes with their appointed roles.

“If the new Constitutional Court intends to prove that it is not merely a replica of its predecessor, now is the time to act—let it finally begin fulfilling its obligations,” Kovačević concluded.

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