Predsekularni karakter crnogorskog Zakona o slobodi veroispovesti u kontekstu Fulerovih zahteva za unutrašnjom moralnošću prava

Vladimir Đurić,Vasilije Marković

doi:10.5937/spz64-29651

Abstract

The authors analyse the new Montenegrin Law on Freedom of Religion or Belief and the Legal Status of Religious Communities from two aspects: the aspect of the socio-political context of its adoption (material sources of law) and formal aspects of the provisions of the Law itself (formal source of law) in order to point out the serious imperfections of that Law. Regarding the first aspect, wider social context in Montenegro is analysed in comparison with European regulative principles of area of religious freedoms. As for the provisions of the Law itself, they are considered in the context of Fuller's theory of the internal morality of law and its 8 requirements that make law possible in order to examine in detail whether and to what extent the Law fulfils the principles of legality as a basic principle for realization of the rule of law. The conclusion of the analysis from both aspects is that the analysed Law is also full of imperfections and obviously incompatible with the values of the rule of law.

Highlights

The new 2020 Law on Freedom of Religion or Belief and the Legal Status of Religious Communities came into force in a tense atmosphere
The Law provisions and the motives for its adoption have been the most important legal and political topic of Montenegrin public discourse in recent months and the key factor that contributed to the political changes that followed the August 2020 parliamentary elections
The first referred to the retrograde character of the material sources of law that motivated and stood behind the Montenegrin Law on Freedom of Religion

Summary

Introduction

The new 2020 Law on Freedom of Religion or Belief and the Legal Status of Religious Communities (hereinafter the Law) came into force in a tense atmosphere. The clearly expressed disagreement with the proposed solutions in this Law, which was repeated several times before by representatives of the opposition and highly ranking clergy and believers of the Serbian Orthodox Church (hereinafter SOC) as the largest religious community in Montenegro, after the resistance on the night of the vote, turned into massive and peaceful protests. 4/2020 that the provisions of the Law that has been considered controversial and which are still in force will be abolished or at least revised. The relevance of this article lies, the Law will soon be revised, in the exposure of the all unsustainability of certain legal solutions from one slightly different, theoretical angle

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