Podgorica, (MINA) – The Constitutional Court’s decision confirms that the institutions are credible, capable, autonomous and ready to enforce the laws, said Prime Minister Dusko Markovic.
The Constitutional Court initiated on Wednesday a procedure for assessment of constitutionality of the provision of the Criminal Procedure Code and ordered temporary suspension of the Higher and the Appellate Courts’ decisions on imprisonment of MPs Nebojsa Medojevic and Milan Knezevic, pursuant to the Article 119 of the Criminal Procedure Code.
“The Constitutional Court’s decision confirms legality of the work of the Higher and the Appellate Court and legitimacy of their decisions. Therefore, the positions of the Democratic Bloc and their lawyers, that those decisions was illegal, fell into the water. The Constitutional Court, based on the constitutional complaints, initiated the procedure for assessment of the constitutionality of the Article 119 of the Criminal Procedure Code and we will see how that procedure will end. Maybe the constitutionality of the paragraph 2 of the Article 119 would be confirmed, and maybe not”, Markovic said, answering to the question of the journalists in the parliament.
According to him, the Constitutional Court’s decision gives full legitimacy to ordinary courts, acting of the Special Public prosecutor and confirms the credibility of the Constitutional Court.
He reiterated that the opposition accused the Constitutional Court of being a puppet in the hands of the government and politics and emphasized that this decision confirms that the institutions were credible, capable, autonomous and ready to enforce the laws.
Asked about possible liability if any legal provision is declared unconstitutional, the Prime Minister said that there is no liability, and that it is the right of every individual and subject in the society to initiate such proceedings.
“They were saying that the Higher Court acted unlawfully, you saw that the Constitutional Court said that it did not. They said that the Appellate Court reached an unlawful decision, the Constitutional Court confirmed that the decision of this court was lawful. That the Special Prosecutor acted in accordance with the authorities arising from the article 119 of the Criminal Procedure Code”, said Markovic.
But, at the same time, he adds, the Constitutional Court accepted the requests of the submitter of the constitutional appeal to initiate the procedure for assessment of the continuality of that article.
Markovic emphasized that simultaneously this decision says that people cannot be accused in the manner of MP Nebojsa Medojevic.
Asked if the Constitutional Court tried to avoid reaching direct decisions on constitutional complaints, Markovic explained that the Constitutional Court works in panel of judges that must reach unanimous decisions.
“Two panels of judges did not reach unanimous decision on either of the complaints and thus they were referred to the plenary session of the Court. It is envisaged by the Law on Constitutional Court, and therefore the Court acted in accordance with the Law”, Markovic concluded.
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