(Mis)agreements

We are witnesses that we in Montenegro cannot agree on almost anything, not even on the language in which we are supposed to communicate with each other. Torn apart at all seams – the Disunited Montenegrin Emirates (RCE).

However, such Montenegrin emirates very easily and quickly reach an agreement with the United Arab Emirates (UAE) and find a common language. At the session of the Parliament of Montenegro, during the discussion of the Law (Agreement) on Energy, direct assessments were heard that this was an illegal business, very harmful to the state.

The Government signed, and the Parliament adopted, two agreements with the UAE – the first on tourism development, and the second on energy development. In other words, on everything important for the strategic development of Montenegro.

I will not address the constitutionality of either the first or second agreement (both are essentially the same), because competent experts said it all at a public hearing in December last year. What is certain (easily provable) is that the possible, but uncertain, benefits from both agreements are drastically less than Montenegro's mandatory investments in land, public infrastructure, and so on.

The Energy Agreement was reaffirmed by law in the Parliament of Montenegro the other day and the President of the state is obliged to proclaim it. I expect that someone, in accordance with Article 150 of the Constitution, will initiate a procedure for the assessment of constitutionality and legality.

Regardless of that, I point out some facts that are contrary to the Agreement and the Law that ratified it, as well as other applicable laws relating to their implementation.

The provision of Article 5 of the Agreement stipulates that the Government of Montenegro will provide the necessary land (development zone), as well as develop the public infrastructure necessary for the implementation of projects, which amounts to several hundred million euros.

This obligation undoubtedly implies:

- allocation of funds from the Budget or

- assumption of financial obligations that have a budgetary effect.

However, the explanatory memorandum to the Law states that the Agreement "does not create direct financial obligations for the Budget of Montenegro", while the Opinion of the Ministry of Finance states that "the implementation of this act does not result in international financial obligations, if the regulation is implemented as planned".

The formulations mentioned are:

- imprecise (introduction of the concept of direct obligations),

- ambiguous (do not exclude the existence of indirect and budgetary obligations),

- conditional and hypothetical (if the regulation is implemented as planned).

In contrast, the provisions of the Agreement contain clearly defined and imperative obligations of the state.

This discrepancy between:

- the actual legal and financial consequences of the Agreement and

- the way they are set in the legislative process

They call into question transparency and accountability in the management of public finances and have led the legislator to make a decision based on inaccurate and incomplete information.

The Agreement states that “jointly identified projects in the energy sector are considered projects of strategic importance and projects of public interest…”

What are the jointly identified projects, who identified them, when and at what level, when Montenegro does not have a Development Plan (constitutional obligation), a Long-term Energy Balance (legal obligation), and there are no gas-fired power plants in the Energy Development Strategy of Montenegro until 2030, and who decided that these projects are of strategic importance and public interest.

And then, an unknown deliberately hidden from the public, who and based on what plan determined the number, locations, power... of "low-carbon energy sources" (read: gas-fired thermal power plants) in Bar, Podgorica, Nikšić, Pljevlja... and commissioned a feasibility study for them that was completed and officially taken over in 2026. The result of the study: all of these power plants are technically feasible and economically viable. For the client, they certainly are, but the environmental consequences have not been determined or are being hidden.

This kind of agreement and this kind of law, with incorrect reasoning and meaningless opinions, have passed through the Government, the relevant committees, and the Parliament twice. As far as I know, this country has other courts besides the Constitutional Court.

The law (Agreement) was adopted by a majority vote of the deputies, as per the established practice of not even reading the laws they pass. "Blessed are those who have not seen and yet have believed." Well, Easter will soon be here.

And those who abstained during multiple votes resemble me like the one who explained to King Nikola that he did not eat the meat of a stolen goat, but only the soup. The wise master punished him most severely.

After the experience with the Tourism Agreement, there is no confidence in the current composition of the Constitutional Court. The seventh judge will not be appointed anytime soon, because out of a hundred thousand various state employees with or without education, with fake or valid diplomas, we do not have the personnel for just this one job position. The consequences are certain if they are not thwarted in a timely manner.

Finally, I do not interpret, but I point out with reason, the provision of Article 150 of the Constitution, that the Constitutional Court may itself initiate proceedings for the assessment of constitutionality and legality, but also order the suspension of the execution of an individual act whose constitutionality or legality is being assessed, if their execution could result in irreparable harmful consequences. This is especially important due to the provision of Article 8, point 4 of the Agreement that its termination “shall not affect the fulfillment of obligations under undertaken engagements, projects, work programs… until such engagements, obligations, projects, work programs… are completed, unless the parties decide otherwise in writing”. As chess players would say, “touch and go”.

And the law enters into force on the eighth day after its publication in the Official Gazette of Montenegro and the clock starts ticking.