Constitution of the Republic of Montenegro (1992, as amended 2006) (excerpts related to State of emergency) (English)
Constitution of the Republic of Montenegro
(excerpts)
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Responsibility
Article 82
The Parliament shall:
4) Proclaim the state of war and the state of emergency;
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Decision-making
Article 91
The Parliament shall decide by majority vote of the present Members of the
Parliament in the session attended by over one half of the total number of Members,
unless otherwise regulated by the Constitution.
With the majority vote of the total number of Members the Parliament shall adopt
the laws that regulate: manner of exercise of liberties and rights of the citizens,
Montenegrin citizenship, referendum, material responsibilities of the citizens, state
symbols and use of state symbols, defense and security, the army, establishment, merger
and abolition of municipalities; proclaims the state of war and state of emergency; adopt
the spatial plan; adopts the Rules of Procedure of the Parliament; decides on calling for
the referendum; decide on the use of units of the Army of Montenegro in the international
forces; decides on the reduction of the mandate; decides on the removal of the President
of the Republic from office; elects and dismisses the Prime Minister and members of the
Government and decides on the trust in the Government; elects and dismisses the
President of the Supreme court, presidents and judges of the Constitutional court;
appoints and dismisses the Protector of human rights and liberties.
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Decrees with legal power
Article 101
During the state of war or the state of emergency, the Government may adopt
decrees with legal power, if the Parliament is not able to meet.
The Government shall submit the decrees with legal power to the Parliament for
confirmation as soon as the Parliament is able to meet.
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Proclamation of the state of war
Article 132
The state of war shall be proclaimed when there is direct danger of war for
Montenegro, when Montenegro is attacked or war is declared against it.
If the Parliament is not able to meet, the Defense and Security Council shall adopt
the decision to proclaim the state of war and submit it to the Parliament for confirmation
as soon as the Parliament is able to meet.
Proclamation of the state of emergency
Article 133
The state of emergency may be proclaimed in the territory or part of the territory
of Montenegro in case of the following:
1) Big natural disasters;
2) Technical-technological and environmental accidents and epidemics;
3) Greater disruption of public peace and order;
4) Violation or attempt to abolish the constitutional order.
If the Parliament is not able to meet, the Defense and Security Council shall adopt
the decision to proclaim the state of emergency and submit it to the Parliament for
confirmation as soon as it is able to meet.
The state of emergency shall last until the circumstances that have caused it have
ceased to exist.
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Responsibility
Article 149
The Constitutional Court shall decide on the following:
8) Conformity with the Constitution of the measures and actions of state
authorities taken during the state of war or the state of emergency;
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Act on the change of the Constitution
Article 156
Change of the Constitution shall not take place during the state of war and the
state of emergency.
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