PRAVNO DEJSTVO ODLUKA USTAVNOG SUDA NA POJEDINAČNE UPRAVNE AKTE, U SMISLU ODREDBE ČL.67 ZAKONA O USTAVNOM SUDU CRNE GORE
THE LEGAL IMPACT OF CONSTITUTIONAL COURT RULINGS ON FINAL ADMINISTRATIVE ACTS UNDER ARTICLE 67 OF THE LAW ON THE CONSTITUTIONAL COURT OF MONTENEGRO

Summary/Abstract: The decisions of the Constitutional Court of Montenegro on the inconsistency of laws, by laws, or specific provisions with the Constitution and international treaties have far-reaching legal consequences, both in proceedings before public authorities and in administrative disputes before the Administrative Court. It is not uncommon for certain administrative acts to be adopted on the basis of legal provisions that are subsequently declared unconstitutional or unlawful, which raises the question of the rights of individuals whose rights have been violated by such acts, as well as the obligations of the authorities that issued them. Article 67 of the Law on the Constitutional Court provides the possibility for individuals whose rights have been violated by a final or enforceable individual act, adopted on the basis of a law or other regulation and a general act that the Constitutional Court has determined is not or was not in conformity with the Constitution, ratified and published international treaties, or the law, to submit a request for amendment of the final or enforceable individual administrative act, within six months from the date of publication of the decision of the Constitutional Court. However, the submission of such a request, as foreseen in the aforementioned article, opens up a series of questions that require answers—how should authorities act upon these requests, what are the legal consequences for third parties, and whether the existing legal framework is sufficient for the effective protection of citizens’ rights. Considering the large number of cases before the Administrative Court initiated by lawsuits against decisions rejecting appeals submitted against decisions dismissing requests for amendment of administrative acts based on Article 67 of the Law on the Constitutional Court, this paper analyzes the legal procedures followed by individuals who have initiated this mechanism for the protection of their rights, as well as the obligations of competent authorities when deciding on requests for amendment of administrative acts. Special attention is given to judicial practice and the challenges in the application of Article 67 of the Law on the Constitutional Court, with the aim of identifying possible solutions and improving the legal framework.

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