Although Montenegro doesn’t have to comply with opinions of the Venice Commission directly, it certainly should when it comes to the European Commission. Montenegro signed the international agreement with the EU – the Stabilisation and Association Agreement – and voluntarily accepted to align its legislation with the EU in order to meet European standards and become a full EU member state, the civic activist, Dina Bajramspahic, has noted.
In a statement for Pobjeda daily, touching on the fact that the President of Montenegro, Milo Djukanovic, requested an urgent opinion of the Venice Commission concerning amendments to the President Law, Ms Bajramspahic says opinions of the commission are not formally binding, adding that it exercises authority from its reputation.
“The Venice Commission is an independent advisory body of the members of the Council of Europe. It comprises the most renowned legal experts from Europe and has great authority. It has gained a reputation thanks to the high level of quality of its opinions and studies and because it sets high standards for the development of democracy through law, directs countries towards models of progressive protection of human rights and gives special support to the independence of institutions,” she points out.
“If a country doesn’t stick to its opinion, the Venice Commission cannot stop, sanction or do anything else. It derives its authority from reputation, not from a formal obligation,” the Pobjeda’s interlocutor explained.
She continued: “When it comes to rule of law, the European Commission in a way relies on the Venice Commission for those issues in which the Venice Commission has expertise, especially issues related to constitutional law and human rights, so the EC takes its opinion seriously and takes it into account in its assessments of the situation in the countries aspiring for EU membership.”
