The decision of the Constitutional Court that the Government decree on taxes on fuel prices is unconstitutional and illegal, was expected and only legally possible decision that the Constitutional Court could bring. However, remain serious doubts on the reasons why the Constitutional Court waited for so long for the executive branch on the basis of such a one-sided regulation to earn many millions at the expense of all citizens. We remind that the Constitutional Court after public pressure found that it is a subject of priority, but postponed for a months to make a decision, even though it was clear and to the most legal layman that the Government with the disputed decree grossly violated the Constitution of Montenegro.
During that time, the executive branch has used its unconstitutional and illegal decree that at the expense of already impoverished citizens earns several million euros.
The Constitutional Court allowed to the executive branch that for who knows how many times covers costs and holes in the state budget caused by poor policies and corruption. The decision of the Constitutional Court has no bearing on the consequences of several months of violations of the Constitution of Montenegro, since deficiencies in the Law on the Constitutional Court and the interpretation that the Constitutional Court’s decisions can not have retroactive effect, allows that robbing for several months r of all citizens and unconstitutionally and illegally obtaining of multi-million benefits, remain without any consequences.
Such practice of the Constitutional Court and the delays in the adoption of decisions represents an incentive to the executive branch in the future not to hesitate of most blatant violations of the Constitution and that by unilateral decisions to continue to rob the citizens of Montenegro. In fact, it has become almost a rule that the executive branch costs of their bad decisions and corruption switches at the expense of citizens. Moreover, the decree of the Government showed that the executive branch in the implementation of such a policy is ready to in a harshest way to trample upon the Constitution as the highest legal act.
Therefore it is a special concern the fact that representatives of the executive branch can with no punishment and with no consequences to grossly violate the Constitution of Montenegro and causing to citizens multi-million damage.
Therefore the judges of the Constitutional Court of Montenegro are obliged to the public and citizens to explain the reasons for which they delayed for months the decision in one of the simplest cases and in doing that enabled the executive branch that by violating the Constitution obtains benefits on their detriment.
Particularly is suspicious why the Constitutional Court has not used the legal authority and immediately ordered the suspension of the execution of this decree until the decision is made, because it was more than certain that its execution would cause irreparable damages. In a system of rule of law is inconceivable to rule on the basis of unilateral unconstitutional decrees of the executive branch. In a system of rule of law is inconceivable that the Constitutional Court does not use the legal authority to prevent the occurrence of harmful consequences for violations of the Constitution and to postpone the decision while citizens are suffering multi-million damages. Due to such a practice the executive branch and the Constitutional Court of Montenegro, the fuel actually became a luxury for most citizens.
MANS
