OSCE ODIHR Comments on the draft Law on the Protector of Human Rights and
Freedoms of Montenegro
8) if holds representative and any other public office, or exercises professional activity
incompatible with that office.
When a reason for the termination of office occurs, the competent working
body of the Parliament shall inform the Parliament about it.
When a reason for the termination of office of the Deputy occurs, the Protector
shall inform the Parliament about it.
The Parliament, with its act, shall establish termination of office of the
Protector and the Deputy and about the termination of office of the Protector shall
notify the President of Montenegro.
Dismissal of the Protector
Article 18
The Protector shall be dismissed from office if:
1) is convicted of a criminal offence that makes him unworthy of holding the office;
2) he holds his office in incompetent and negligent manner.
The procedure for dismissal of the Protector shall be initiated in the Parliament by one third of
the Members of Parliament, whereas the decision on dismissal shall be passed by a
majority vote of all Members of Parliament.
Preliminary procedure for establishing the incompetent and negligent manner
of holding the office of the Protector shall be conducted by the competent working
body of the Parliament, which shall give to the Protector the opportunity to comment.
Upon the completion of the preliminary procedure, the competent working
body of the Parliament shall submit to the Parliament a substantiated proposal of the
decision on the initiative with the comments of the Protector.
To the Protector shall be offered an opportunity to comment on the proposal
referred to in paragraph 4 of this article at the session of the Parliament.
Dismissal of the Deputy
Article 19
The Deputy shall be dismissed from office for the same reasons prescribed for
the dismissal of the Protector.
The Deputy shall be dismissed upon submission of a substantiated proposal of
the Protector, by a majority vote of all Members of Parliament.
Before deciding on the proposal referred to in paragraph 2 of this Article, the
Parliament shall allow the Deputy to comment on the proposal.
The decision on dismissal
Article 20
The Protector or the Deputy shall be dismissed from office as of the day the
decision on the dismissal is passed.
30
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents