Constitution of Montenegro - Official Gazette of Montenegro 01/07 of 25 October 2007
The Supreme Court shall be the highest court in Montenegro.
The Supreme Court shall secure uniform enforcement of laws by the courts.
The President of the Supreme Court shall be elected and dismissed from duty by the
Parliament at the joint proposal of the President of Montenegro, the Speaker of the Parliament and the Prime Minister.
If the proposal for the election of the President of the Supreme Court fails to be submitted
within 30 days, the President of the Supreme Court shall be elected at the proposal of the
responsible working body of the Parliament.
Amendment I to XVI to the Constitution of Montenegro - Official Gazette of Montenegro No 38/13
Supreme Court shall ensure uniform application of laws by courts and perform other activities prescribed by law.
The President of the Supreme Court shall be elected and released from duty by two-third majority of the Judicial Council, at proposal of the Supreme Court General Bench.
The President of the Supreme Court shall be elected for the period of five years.
The same person may be elected the president of the Supreme Court no more than two times.
This Amendment replaces Article 124 paragraphs 2, 3 and 4 and supplements Article 124 of the Constitution of Montenegro.
Law on Courts - Official Gazette of Montenegro No 11/15 of 20 March 2015
Article 23 - Establishment
The Supreme Court shall be the highest court in Montenegro, with a seat in Podgorica.
Article 24 - Jurisdiction
The Supreme Court shall:
1) Adjudicate in the third instance when so provided by law;
2) Adjudicate on extraordinary legal remedies against decisions of the courts in Montenegro;
3) Adjudicate on legal remedies against decisions of its panel, when so prescribed by law;
4) Adjudicate on the transfer of territorial jurisdiction when it is obvious that it will be easier for the other court that has subject-matter jurisdiction to conduct the proceedings, or for other important reasons;
5) Determine which court shall have territorial jurisdiction when the jurisdiction of the courts in Montenegro is not excluded, and when, in accordance with the rules on territorial jurisdiction, it is not possible to reliably determine which court has territorial jurisdiction in a particular legal matter;
6) Resolve conflict of jurisdiction between different types of courts in the territory of Montenegro, except when the jurisdiction of another court has been prescribed to resolve the conflict of jurisdiction;
7) Perform other duties prescribed by law.
The Supreme Court shall decide on the matters relating to the transfer of territorial jurisdiction, determining the court having territorial jurisdiction and conflict of jurisdiction in a panel of three judges, without conducting a hearing.
General Session of the Supreme Court
At a General Session, the Supreme Court shall:
1) Determine legal positions of principle;
2) Consider issues in relation to the work of courts, implementation of laws and other regulations and exercise of judicial power, informing the Parliament of Montenegro thereof when it deems necessary;
3) Adopt Rules of Procedure of the General Session of the Supreme Court;
4) Propose candidates for the President of the Supreme Court, issue the proposal for establishing the termination of office, disciplinary liability and dismissal of the President of the Supreme Court and issue opinions on candidates for judges of the Supreme Court;
5) Perform other duties prescribed by law.
Article 26 Legal - Position of Principle
The legal position of principle shall be taken on disputable legal matters arising from case law, in view of ensuring uniformity in the application of law by the courts.
The legal position of principle may be taken ex officio or at the request of a court.
The manner of keeping records and publishing legal positions of principle shall be determined by the Rules of Procedure of the General Session of the Supreme Court.
Extended Session of the Supreme Court
The extended session of the Supreme Court shall include the General Session of the Supreme Court and the presidents of the Appellate Court, Administrative Court, Commercial Court and High Courts.
The extended session of the Supreme Court shall perform duties prescribed by law.