Announcement of the Constitutional Court that in the case of reviewing the constitutionality of the Government Decree by which new duties on the highway were imposed, that states that the issue is not a question that has wider social significance, just a insults the intelligence of each citizen, same as the statements of Prime Minister that the fuel is luxury, but also shows that Constitutional Court judges are not elected to protect constitutionality and legality, but to be an ordinary puppets of the executive branch.
In a country where the executive branch brutally violates the Constitution, takes authorities of the Parliament and passes decrees on which basis will from citizens
unlawfully take millions of euros, and on which judges of the Constitutional Court state that all this has no wider social significance, it is logical that basic social needs become luxury.
The Law on the Constitutional Court in Article 63 stipulates that the Constitutional Court may suspend the execution of the act or action until a decision, if it is certain that it would cause irreparable damages. In the present case, solely on the basis of fuel price increase the Government plans that each month from citizens unlawfully take 9 million euros, and the judges of the Constitutional Court are obliged to the public an explanation on how these adverse consequences will be compensated.
Rather than to implement this provision and prevent brutal looting of citizens, judges of the Constitutional Court mock the citizens by the notification that the cases consider as they receive. Every citizen who has taken part in any proceeding before the Constitutional Court knows that such “consideration” means that the case will be left in the Constitutional Court to “gather dust” at least for several years.
Such public opinion of the Constitutional Court sends a dangerous message that Montenegro is states with elements of dictatorship, because only in such system it is ruled mainly on the basis of unilateral decrees and dictatorship of the executive branch regulating issues that must be subject to the law and which are in competence of the Parliament, and only in such systems the Constitutional Court gives statements that all this has no wider social significance.
Review of the constitutionality of the Government decrees can make everyone in a few minutes by reading the provision of Article 142, paragraph 3 of the Constitution of Montenegro, which provides that taxes and other duties can be imposed only by the law. For that reason any delay in the decision on the constitutionality of the Decree on which basis from the citizens will be taken millions of euros, with the explanation that cases are considered “in the order as they arrive”, will represent failure to perform official duty in the interest and on the order of one who believes that the fuel is luxury for the citizens, and who at the same time for his “strategic partners” and tycoons allows forgiveness of tens of millions of euros in taxes.
Once again we invite judges of the Constitutional Court to begin to apply the Constitution and laws, and to protect the constitutionality and legality by urgent
reaction to roughly trampling of the Constitution by the executive branch, and to prevent further looting of the citizens, because they are elected on such a position to protect only the public interest.
MANS