Legislative power
The power in Montenegro is regulated following the principle of the division of powers into legislative, executive and judicial. The legislative power is exercised by the Parliament, which consists of the Members of Parliament elected directly on the basis of universal and equal electoral right and by secret ballot. In Montenegro, as a single electoral unit, one Member of Parliament is elected for every six thousand voters, on the basis of electoral lists submitted by: political parties (party electoral list), coalitions of political parties (coalition electoral list) and groups of citizens (electoral list of group of citizens).
The Parliament of Montenegro is a unicameral legislature consisting of 81 members. The primary duty of Members of Parliament in a representative democracy is to represent the citizens, their attitudes and interests. Therefore, one of the basic functions of the Parliament is to adopt laws in accordance with interests and needs of citizens. Members of Parliament and the Government have the right to propose laws and other acts. The right to propose laws is also granted to six thousand voters, through the Member of Parliament they authorized. One of the key functions of the Parliament is to oversee the work of the Government.
The Parliament works in ordinary and extraordinary sessions. Ordinary sessions are convened twice a year, namely: the first regular session starts on the first working day in March and lasts until the end of July, whereas the second one starts on the first working day in October and lasts until the end of December. Extraordinary session is convened at the request of not less than one third of the total number of the Members of Parliament, or at the request of the President and of the Prime Minister.
The Parliament decides by majority vote of Members of Parliament present at the sitting attended by more than one half of the total number of MPs, unless otherwise regulated by the Constitution. The Parliament is elected for a period of four years, yet it may cease to operate prior to the expiry of the period for which it was elected by being dissolved or by reduction of the mandate of the Parliament.
Executive power
The Government of Montenegro is the highest executive body of Montenegro. The Government consists of the Prime Minister, one or more Deputy Prime Ministers and the ministers. The Prime Minister represents the Government and manages its work. The scope of work, organization, manner of work and decision making are regulated by the Constitution, laws and secondary legislation of Montenegro. Ministers in the Government of Montenegro are elected by the Parliament of Montenegro, to which the Government reports for executing obligations established by the Constitution and laws of Montenegro.
With the adoption of the new Decree on the organization and manner of work of the state administration, new ministries and state administration bodies were established. The Government consists of 12 ministries, as follows:
1. Ministry of Justice, Human and Minority Rights
2. Ministry of Internal Affairs
3. Ministry of Defense
4. Ministry of Finance and Social Welfare
5. Ministry of Foreign Affairs
6. Ministry of Public Administration, Digital Society and Media
7. Ministry of Education, Science, Culture and Sports
8. Ministry of Health
9. Ministry of Economic Development
10. Ministry of Agriculture, Forestry and Water Management
11. Ministry of Ecology, Spatial Planning and Urbanism
12. Ministry of Capital Investments
Pursuant to the Decree on Organization and Manner of Work of State Administration,theMinistry of Education, Science, Culture and Sports performs, inter alia, administrative tasks related to: creation, establishment and development of the educational system; conditions for the establishment, operation and licensing of institutions in the field of education; organization of the work of educational institutions; norms and standards for financing educational institutions; performs administrative tasks related to the implementation of programs of general interest which include scientific research institutions and researchers in the European Research Area and international programs in science, training and mobility of Montenegrin researchers in order to enable their work in research centers and institutes in Montenegro and abroad; preparation of draft laws, other regulations and general acts in the field of sports and youth; monitoring and determining the situation in the field of sports; preparation of development strategies and other measures that create policies in the field of top, recreational, children's, school and university sports.
Organizational units of the Ministry of Education, Science, Culture and Sports include:
- Directorate for Pre-school, Primary and Inclusive Education and Upbringing
- Directorate of General Upper Secondary Education, Vocational Education, and Adult Education
- Directorate for Education of Members of Minority People and other Minority National Communities
- Directorate for Higher Education
- Department for Normative and Legal Affairs and Harmonization of Regulations
- Department of Information and Communication Technologies
- Internal Audit Department
- Department of National Qualifications Framework
- Department for International Cooperation and European Integration
- Cabinet of the Minister
- Investment and Public Procurement Service
- Finance and Accounting Department
- Personnel and General Affairs Department
The Ministry of Finance and Social Welfare regulates the preparation of proposals for the current economic policy of Montenegro and monitors its implementation; preparation, planning, drafting and execution of the budget of Montenegro; fiscal impact; supervision over the realization of revenues and execution of expenditures of the budget of Montenegro; proposing guidelines and a medium-term macroeconomic framework for budget preparation and planning; preparation of regulations in the field of social and child protection, pension and disability insurance, protection of persons with disabilities, protection of the elderly, domestic violence, protection from violence against children; financial assistance to an alien seeking international protection and to an asylum seeker and an alien under subsidiary protection; family protection.
Judicial power
Judicial power is exercised by court. The court is autonomous and independent. The court rules on the basis of the Constitution, laws and confirmed and published international agreements. The establishment of courts-marshal and extraordinary courts is prohibited. The court rules in a panel, except when the law stipulates that an individual judge should rule. Lay-judges also participate in trial in cases stipulated by the law. The hearing before the court is public and the ruling is pronounced publicly.
Exceptionally, the court may exclude the public from the hearing or one part of the hearing for the reasons necessary in a democratic society, only to the extent necessary: in the interest of morality; public order; when minors are tried; in order to protect private life of the parties; in marital disputes; in the proceedings related to guardianship or adoption; in order to protect military, business or official secret; and for the protection of security and defence of Montenegro.