OSCE ODIHR Comments on the draft Law on the Protector of Human Rights and
Freedoms of Montenegro
Confidentiality
Article 13
The Protector and the Deputy shall be obliged to keep the confidential and
personal information which they came to during the performance of their office, in
accordance with the law.
The obligation referred to in paragraph 1 above shall remain in force even after
termination of office or dismissal.
Incompatibility of office
Article 14
The Protector and the Deputy may not hold representative and other public
office, nor may perform other professional activity.
The Protector and the Deputy may not be members or associates of political
organizations, nor can take part in political activities.
Limitations referred to in paragraph 1 of this Article shall not apply to
scientific, educational and artistic activities, as well as the activities protected with
copyright.
Oath
Article 15
Before taking office, the Protector and the Deputy shall take an oath that reads:
"I swear to perform my duty in accordance with the Constitution and law, protect
human rights and freedoms and abide by the principles of justice and fairness in
exercise of my duties."
The Protector shall take the oath before the Parliament, while the Deputy shall
take the oath before the President of the Parliament.
Replacement of the Protector
Article 16
In the case of absence or impediment to perform office, the Protector
shall be replaced by the Deputy designated by him.
In the event of termination of office of the Protector, until the appointment of a
new one, the office of the Protector shall be performed by the longest performing
Deputy on this function.
Termination of office
Article 17
The office of Protector or Deputy shall terminate for any of the reasons below:
1) death,
2) expiration of the term of office,
3) resignation,
4) age retirement conditions have been met
5) if permanently loses the ability to hold the office,
6) if becomes a member or associate of political organization,
7) loss of citizenship,
29
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents