-9- CDL-AD(2011)034 Article 53 43. Financial independence is an important aspect of the independence of the Human Rights Protector institution. The new Article 53 establishes that the budget for the Protector appears in a separate allocation of the Budget of Montenegro and also grants the Protector the right to submit the proposal on this respect directly to the working body of the Parliament. This provision is therefore a good improvement which follows previous comments. Conclusions 44. The new Law contains several positive steps in order to ensure the independence of the Human Rights Protector of Montenegro, such as in the field of the financial independence concerning the possibility for the Protector to submit the proposal on his/her own budget and to participate in the debate at the Parliament; it also allows for the presentation of an Annual Report of Activities at the Parliament; the Protector is endowed with specific competences in the field of prevention of torture and inhuman or degrading treatment or punishment and in the field of combating discrimination, etc. 45. However, the need for constitutional amendments in order to strengthen the independence of the Human Rights Protector remains important, mainly as concerns the issue of the appointment of the Protector. In the former opinions issued by the Venice Commission on the topic4, this particular aspect has been strongly criticised and it has been underlined that “[t]he constitution must... provide for the need for a qualified majority in the appointment of the ombudsman by parliament”. Election of a Human Rights Protector by a broad consensus in Parliament would certainly strengthen the Protector’s independence, impartiality and legitimacy and ensure the public trust in the institution. Moreover, the dismissal of the Human Rights Protector should also be regulated at the constitutional level and in a detailed manner by the Law on the Protector. 4 Commission’s Opinion on the Constitution of Montenegro, § 55-56 (CDL-AD(2007)047, Opinion on Draft amendments to the Law on the Protector of Human Rights and Freedoms of Montenegro, § 11-13 (CDL-AD(2009)043).