PES wants urgency for expropriation

The ruling party would like to speed up administrative disputes regarding expropriation solutions because, as they explain in the proposed amendments to the law, the passage of time can lead, among other things, to "uncertainty in the implementation of strategic investments."

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The government did not submit an opinion: From yesterday's committee session, Photo: Parliament of Montenegro
The government did not submit an opinion: From yesterday's committee session, Photo: Parliament of Montenegro
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

The Committee on Economy, Finance and Budget gave the green light for amendments to the law on expropriation, with which the Europe Now Movement proposed that the administrative dispute regarding the expropriation decision be urgent.

This bill, which was submitted to the parliamentary procedure by PES deputies, Jelena Nedović i Vasilije Carapić a month ago The Government has not yet submitted an opinion.

Nedović read the explanation of this proposal to the committee yesterday.

"Expropriation, as an exception to the principle of the inviolability of property rights provided for by the Constitution (Article 58), is a procedure in which a decision is made to deprive or restrict property rights to real estate when the public interest so requires, with fair compensation. Therefore, the expropriation procedure represents a very delicate field of action, where the acting public-legal and other bodies must show the greatest degree of attention and sensitivity, taking into account the protection of both the rights of the parties and the public interest," Nedović stated.

According to her, regardless of whether we view this procedure from the perspective of protecting private property rights or public interest, the common interest of all participants in this procedure is that decisions are made in a timely manner.

"Although this can be said for practically every administrative procedure, the need for a decision to be made as quickly as possible is particularly emphasized in the expropriation procedure, because the realization of the public interest, as well as the rights of citizens to fair compensation, is closely related to the speed of decision-making. Namely, this is a matter where the passage of time, by the nature of things, can lead to a violation of citizens' rights, but also to a violation of the public interest (in the form of uncertainty in the implementation of public works, strategic investments, etc.), which is why it is necessary to ensure that this procedure is conducted without delay. For these reasons, it is necessary to prescribe that an administrative dispute initiated regarding a decision on expropriation be conducted under an urgent procedure, in order to further improve the situation in the field of legal certainty for all participants in the expropriation procedure," read Nedović.

Chairman of the board Boris Mugoša (SD) said that the Government had not given an opinion on this proposal even after a month and asked what urgency meant because it is a term that is not defined anywhere in the legal system, which means that this is already of a declarative nature.

"In administrative proceedings, you have legally defined deadlines for making a decision, everything beyond that is the silence of the administration," said Nedović.

Other MPs did not participate in the discussion.

Mihailović is a candidate for the Senate of the State Audit Institution

The Committee decided yesterday to propose to the Parliament to appoint a member of the Senate of the State Audit Institution (DRI) Vesna Mihailovic.

The committee advertised this position because Senator Nikola Kovacevic He is retiring on March 28th, which the SAI informed the legislature about in September last year, when it was indicated that the Senate President should also be elected. The SAI sent another letter on March 6th of this year.

In the Senate of the SAI, besides Kovačević, Milan Dabović, Zoran Jelic, Branislav Radulović i Siniša Čađenović.

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