European Public Prosecutor and Montenegro Cover Image

Evropski javni tužilac i Crna Gora
European Public Prosecutor and Montenegro

Author(s): Nikola B. Šaranović
Subject(s): Law, Constitution, Jurisprudence
Published by: Fakultet pravnih nauka Univerziteta Donja Gorica
Keywords: European Public Prosecutor; State Prosecutor's Organization of Montenegro; integrations; Constitution of Montenegro; cooperation

Summary/Abstract: The topic of this paper is the European Public Prosecutor, as an institutional novelty in the EU legal order and the relationship of Montenegro with this institution. The first part of the paper is dedicated to the relationship of Montenegro as a candidate country with the European Public Prosecutor and presents two types of cooperation: direct (without the mediation of other EU bodies) and indirect (through the European Judicial Cooperation Unit — EUROJUST). The second part of the paper deals with the issue of this relationship in the situation of full membership of Montenegro in the European Union and presents two options: external cooperation (assuming non-acceptance) and internal (assuming Montenegro accepts to be part of the EPPO system). The issue of possible amendments of the Constitution of Montenegro within the part of the State Prosecutor’s Office is discussed separately, as a means of creating a normative precondition for the application of the EPPO Regulation, bearing in mind that the primacy of EU law and international treaties and obligations in general refers to legislation, not to the Constitution of Montenegro.

  • Issue Year: IV/2022
  • Issue No: 1
  • Page Range: 55-63
  • Page Count: 9
  • Language: Montenegrine