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NGO calls on Constitutional Court to annul Fundamental Agreement with SPC

Podgorica, (MINA) – The Fundamental Agreement with the Serbian Orthodox Church (SPC) and amendments to the Law on Religious Communities violated the rights of the Montenegrin Orthodox Church (CPC) and its believers, the Montenegrin Forum argues, requesting the annulment of, what they consider discriminatory and unconstitutional acts, and urging the Constitutional Court to declare the Fundamental Agreement unconstitutional.

This NGO addressed the Constitutional Court, the Parliament and the Government of Montenegro, President of the State Jakov Milatovic, the Council of Europe, the Venice Commission, the EU Delegation in Montenegro and the human rights organizations.

The Montenegrin Forum stated in a letter that the 2021 Law on Freedom of Religion was adopted under an emergency procedure, that the Fundamental Agreement with the SPC was signed by then Prime Minister Dritan Abazovic without the consent of the Parliament, and that the rights of the Montenegrin Orthodox Church and its believers were thus violated, while the SPC was granted an institutionally privileged position.

The Montenegrin Forum argued that the actions of the former government and the parliamentary majority represent a direct violation of several provisions of the Constitution, including the articles stipulating that Montenegro is a state governed by the rule of law, that sovereignty belongs to the citizens, and that the Constitution is the highest legal act.

The Montenegrin Forum also emphasized that the international obligations of Montenegro were also violated by this act, namely the European Convention on Human Rights, the International Covenant on Civil and Political Rights and the European Social Charter.

“Due to all of the above, the NGO Montenegrin Forum demands that the Constitutional Court of Montenegro urgently consider the submitted initiative and rule the Fundamental Agreement unconstitutional, because it was adopted without constitutional procedures and to the detriment of religious and civil equality”, the letter reads.