Info
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: Constitution: Article 2: The citizen shall exercise power directly and through the freely elected representatives.
Article 157: Change of Articles 1, 2, 3, 4, 12, 13, 15, 45 and 157 shall be final if minimum three fifths of the total number of voters support the change in the national referendum.
Source: Constitution: The Constitution of the Republic of Montenegro, SU-SK Ref. no. 01-514/12, 19 October 2007, art. 2 & 157.
https://www.constituteproject.org/constitution/Montenegro_2013?lang=en
Law: Law on Referendum as of 19 February 2001.
Verified: 2021/12/25
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: Article 3: (1) The republican referendum must be called for the purpose of a prior pronouncement of citizens on any changes in the status of the country, changes in the form of a government and any changes of frontiers.
Source: Law: Law on Referendum as of 19 February 2001, art. 3(1).
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2005)076-e
Verified: 2021/12/25
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: Article 3: (2) The republican referendum can be called for the purpose obtaining an opinion of citizens prior to making a decision on specific issues lying within the competence of the Assembly of the Republic.
Source: Law: Law on Referendum as of 19 February 2001, art. 3(2).
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2005)076-e
Verified: 2021/12/25
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments: Article 93: The right to propose laws and other acts shall be granted to the Government and the Member of the Parliament. The right to propose laws shall also be granted to six thousand voters, through the Member of the Parliament they authorized.
The proposal to call for the national referendum may be submitted by: at least 25 Members of the Parliament, the President of Montenegro, the Government or at least 10% of the citizens with the right to vote
82:11: It is the responsibility of Parliament to call for the national referendum
Source: Constitution: The Constitution of the Republic of Montenegro, as amended 2013 art. 82:11 & 93.
https://www.constituteproject.org/constitution/Montenegro_2013.pdf?lang=en
Verified: 2021/12/25
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
a . Yes
Comments: Article 93: The right to propose laws shall also be granted to six thousand voters, through the Member of the Parliament they authorized
Source: Constitution: The Constitution of the Republic of Montenegro, SU-SK Ref. no. 01-514/12, 19 October 2007, art. 93:2.
https://www.constituteproject.org/constitution/Montenegro_2013.pdf?lang=en
Verified: 2021/12/25
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments: Article 5 (4): Councillors and members of parliament may not be recalled.
Source: Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm).
LAW ON ELECTION OF COUNCILLORS AND MEMBERS OF PARLIAMENT, as amended 2016, Article 5 para.4
https://www.legislationline.org/download/id/7743/file/Montenegro_Law_elections_councillors_members_of_parliament_1998_am2016_en.pdf
Verified: 2021/12/25
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
a . Always binding
Comments: Article 4: The outcome of a referendum shall be binding on the assembly calling the referendum.
Source: Law: Law on Referendum as of 19 February 2001, art. 4.
http://www.legislationline.org/documents/id/3934
Verified: 2021/12/25
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments: Art. 2: The Referendum shall be called for the purpose of a prior pronouncement of citizens on specific issues lying within the competence of the Assembly. The Parliament has competence on both constitutional and other issues, thus, the referendum might be called upon them.
Source: Law: Law on Referendum as of 19 February 2001, Art. 2(1).
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2005)076-e
Constitution: The Constitution of the Republic of Montenegro, SU-SK Ref. no. 01-514/12, 19 October 2007, Art. 82, 93
https://www.constituteproject.org/constitution/Montenegro_2013?lang=en
Verified: 2021/12/25
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments: Constitution: Article 113: In the local self-government the decisions shall be made directly and through the freely elected representatives.
Law: Article 2: (2) Referendum in a municipality, the capital city of the Republic i.e. the administrative center shall be called for the purpose of a prior pronouncement of citizens on specific issues lying within the competence of the municipal assembly.
Source: Constitution: The Constitution of the Republic of Montenegro, SU-SK Ref. no. 01-514/12, 19 October 2007, art. 113(1).
https://www.constituteproject.org/constitution/Montenegro_2013?lang=en
Law: Law on Referendum as of 19 February 2001, art. 2(2).
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2005)076-e
Verified: 2021/12/25
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