Constitutional complaint


After decision of the Basic Court in Podgorica declaring MANS Deputy Executive Director, Mr. Veselin Bajčeta, guilty for allegedly attacking Communal Inspector, Bajceta was yesterday also delivered decision of the Constitutional Court of Montenegro rejecting Constitutional Complaint that Bajceta filed in March 2007, immediately after the arrest during the KAP campaign.

Constitutional Complaint was submitted 22 months ago, after Communal inspectors illegally denied MANS and Bajceta right to organize petition signing within “KAP trosi, a ko placa” campaign. Complaint is based on constitutional provision that everyone is guaranteed a right to initiate a petition and organize civic actions.

Communal Police of Podgorica acted against MANS-a i Bajčeta pursuing not existing obligation of MANS to obtain permission of the Podgorica City for collecting signatures. In this manner, Communal Police violated Constitution of Montenegro that guaranties everyone a right to organize a petition.

Decision on rejecting Bajceta complaint wasn’t reached until November 27th 2008, almost two years after submission, while Bajceta was delivered this decision just yesterday. Decision on rejecting the complaint was justified with fact that complaint was submitted while old Constitution of Montenegro was in force, so there is no “legal base” for the court to act upon it now when new Constitution is in place.

It passed seven months from the moment of complaint submission till new Constitution was in force which gave enough time to the Constitutional Court to discuss and reach decision. Instead of that, Bajceta’s complaint was “collecting dust” in Court Office, after which was rejected due to “efficiency” of the Court.

It is almost unbelievable that the highest judicial address took almost two years to reach decision on a single complaint, moreover to justify it rejection with own inefficiency.

How and why the Constitution Court postponed the final decision for two year is a question that opens a room for serious doubt in level of protection that could be expected from this institution.

By the end of this week, Bajceta will file a new complaint to Constitutional Court, based on new Constitution and we hope that current capacities of this institution will allow them to reach final decision in a period that is reasonably shorter then two years.

Dejan Milovac

Deputy Executive Director

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