Montenegro’s Constitution of 2007 with Amendments through 2013

Judicial Independence

 
Article 32. Everyone shall have the right to fair and public trial within reasonable time before an independent and impartial court established by the law.
 
Article 118: The court is autonomous and independent. The court shall rule on the basis of the Constitution, laws and confirmed and published international agreements. Establishment of court marshal and extraordinary courts shall be prohibited.
 

Judicial Council or Parallel Institution

 
Article 126. The Judicial Council shall be autonomous and independent authority that secures autonomy and independence of the courts and the judges.
 
Article 127. The Judicial Council shall have a president and nine members. The members of the Judicial Council shall be: 1. president of the Supreme Court; 2. four judges to be elected and released from duty by the Conference of Judges, taking into account equal representation of courts and judges; 3. four reputable lawyers that are elected and released from duty by the Parliament at proposal of the competent working body of the Parliament upon announced public invitation; 4. Minister in charge of judicial affairs. The President of the Judicial Council shall be elected by the Judicial Council from among its members who do not perform judicial functions, by two-third majority vote of the members of the Judicial Council. The Minister in charge of judicial affairs may not be elected the president of the Judicial Council. The vote of the President of the Judicial Council shall be decisive in case of equal number of votes. The composition of the Judicial Council shall be proclaimed by the President of Montenegro. The term of office of the Judicial Council shall be four years.
 

Attorney General’s Office

 
Article 134. The State Prosecution shall be a unique and independent state authority that performs the affairs of prosecution of the perpetrators of criminal offenses and other punishable acts who are prosecuted ex officio.
 
Article 135. The affairs of the State Prosecution shall be carried out by the heads of the state prosecution offices and state prosecutors. The Supreme State Prosecutor shall be elected and released from duty by the Parliament of Montenegro after the hearing with the competent working body of the Parliament, at proposal of the Prosecution Council, upon the announced public invitation.