Government: The Constitutional Court should reject the initiative, the president’s proposal would paralyze the army

If regular daily activities of the Armed Forces of Montenegro (AFM) required a decision by the Defence and Security Council (DSC), it would lead to paralysis of the defence system, the Government believes, concluding that the Constitutional Court should reject the initiative of President Jakov Milatović to review the constitutionality of certain provisions of the Law on the AFM, Dan reports.

Milatović argues that the provisions of Article 38, paragraph 1, items 2, 6, 7, 9 and 11, and Article 103, paragraphs 2 and 5 of the Law on the Armed Forces of Montenegro are contrary to Article 130, paragraph 1, items 1 and 3 of the Constitution of Montenegro.

Explaining why they believe there are no grounds to accept the initiative, the Government stated in its opinion that the President of Montenegro commands the army based on decisions of the Defence and Security Council, while the Minister of Defence ensures the implementation of decisions on commanding the army.

- However, the Armed Forces of Montenegro, like all armies in the world, have regular activities that require daily decision-making for their execution. These activities include conducting training and military exercises on the territory of Montenegro, carrying out works in accordance with special contracts (such as road infrastructure projects for municipalities), international cooperation, fulfilling obligations arising from NATO membership, etc. The implementation of these activities on a daily basis requires certain decisions, which in military terminology are considered decisions on the use of the army. Given that the Defence and Security Council is a body composed of the President of Montenegro, the Speaker of Parliament, and the Prime Minister, and that it does not hold regular sessions but meets as needed, if its decisions were required for the army’s regular daily activities, it would lead to paralysis of the defence system - the Government stated.

They point out that members of the armed forces would have to wait several months for a session of the Defence and Security Council before starting any daily activity, which would ultimately render the army unprepared and ineffective in carrying out its assigned missions and tasks. For this reason, as they explain, the Law on the Armed Forces stipulates that the Minister of Defence makes decisions on the use of the army in other activities within the country (Article 38, paragraph 1, item 2 of the Law on the Armed Forces of Montenegro).

- This provision in no way usurps the competencies of the Defence and Security Council, on the contrary, it creates conditions for members of the armed forces to be ready and trained to timely execute the Council’s command decisions - the opinion states.

They emphasized that the authority of the Minister of Defence to propose appointments, dismissals, and nominations in no way diminishes the constitutional powers of the Council, since the final decision on appointments, dismissals, and nominations rests with the Council, which is not obliged to accept the proposals.

The opinion also notes that more than 70 officers are currently awaiting decisions by the Council regarding their appointments.