The decision of the Ministry of Interior not to comply with the decision of the Administrative Court on a temporary measure (injunction) according to which priest of Serbian Orthodox Church Velibor Džomić was allowed to stay in Montenegro until completion of administrative dispute, represents violation of the basic principles of the rule of law, according to which the executive branch is obliged to respect court decisions.

Although the decision of the Administrative Court on temporary measure was not final at the moment when Džomić was denied entry into Montenegro, the Ministry of Interior should not have forbidden Džomić to enter the country, as the appeal against the temporary measure did not afford postponing its execution (Article 14, paragraph 3 of the Law on Administrative Dispute of Montenegro). The adopted temporary measure had suspended the decision on expatriation of the Ministry of Interior regarding Mr. Džomić.

Disregarding court’s decisions by the executive authorities must not become a rule, as this would undermine democratic order based on the rule of law. HRA expects the Government of Montenegro to secure that the Ministry of Interior respects all court decisions, both court judgments as well as decisions on temporary measures.

HRA is not familiar whether the Administrative court officially informed the Government of this case, as the Government is competent for supervision of the body (Ministry of Interior) that has not acted upon the decision of the court. However, the president of the Administrative court has made a public statement with regard to this case, and HRA believes that the Government should react and publish this reaction.

HRA team