Interpretation of Statutes at Montenegro
Here’s an overview of Interpretation of Statutes in Montenegro, covering the legal framework and principles guiding statutory interpretation:
⚖️ Interpretation of Statutes in Montenegro
1. Legal System Context
Montenegro follows a civil law system, deeply rooted in continental European legal traditions, especially from Austria, Germany, and former Yugoslav states.
The Constitution of Montenegro (2007) is the highest legal authority.
The legal framework is codified, and courts interpret statutes based on civil law doctrines.
2. Legal Framework for Interpretation
While Montenegro does not have a separate “Interpretation Act,” principles of statutory interpretation are embedded in:
The Law on Courts
The Law on the Constitutional Court
The Law on the Application of Legal Acts
Civil, criminal, and administrative procedural codes.
The Constitutional Court of Montenegro ensures that statutory provisions align with constitutional principles.
3. Principles of Statutory Interpretation
Montenegro uses typical civil law interpretive methods, including:
Literal Interpretation (Grammatical):
The starting point is the ordinary meaning of words in the statute.
Systematic Interpretation:
The statute is interpreted within the broader legal framework, ensuring consistency with other laws.
Teleological (Purposive) Interpretation:
Courts look at the spirit, aim, and purpose of the law (legislative intent).
Historical Interpretation:
Courts may consider legislative history and preparatory materials (such as explanatory memoranda).
Constitutional Conformity:
Statutes must be interpreted in a way that is compatible with the Constitution and fundamental human rights.
4. Judicial Practice
The Supreme Court of Montenegro is the highest authority for legal interpretation in ordinary matters.
The Constitutional Court has exclusive authority to review laws for constitutionality and provide binding interpretations in constitutional contexts.
Courts apply and harmonize laws with international treaties, especially European human rights instruments.
5. European Influence
As a candidate for EU membership, Montenegro aligns its legal interpretations with EU law and European Court of Human Rights (ECtHR) jurisprudence.
International conventions, particularly on human rights, are directly applicable and influence interpretation.
Summary
Statutory interpretation in Montenegro relies on civil law methodologies, with emphasis on literal, purposive, and systematic reading, under the supremacy of the Constitution and increasing alignment with EU law and international human rights standards.
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