Constitutional Court again on arrangements with the Emirates

Councilor in the Budva Assembly i leader of the citizens' group "Movement for the City" Đorđe Zenović requested the Constitutional Court to initiate proceedings to assess the constitutionality and legality of the Law on Ratification of the Agreement on Cooperation in the Field of Energy between the Government of Montenegro and the Government of the United Arab Emirates (UAE), "Vijesti" learned.

His initiative, the Constitutional Court responded to the editorial staff, was filed on April 1st.

"The initiative was submitted by a councilor in the Budva Municipal Assembly Đ. Z., stating that the Law on Ratification of the Agreement is contrary to Art. 91, paragraph 3 of the Constitution and Art. 156 and 157 in connection with Art. 1 and 3 of the Constitution of Montenegro. The initiative was sent to the Parliament and the Government of Montenegro on April 9th ​​to submit a response, or an opinion, to the allegations contained in the initiative within 30 days. To date, the Parliament and the Government have not submitted a response, or an opinion, to the submitted initiative. The case has been assigned to the judge rapporteur and the constitutional court advisor," the Constitutional Court officially responded.

This law was adopted by the Parliament in late February, and was preceded by the signing of the Agreement on Cooperation in the Field of Energy between the two Governments in November last year. This agreement established a strategic partnership between the two countries in the field of development of renewable energy sources, modern energy infrastructure and advanced technologies.

According to the agreement, the Montenegrin side has committed to providing the land necessary for the implementation of projects in the so-called development zones, where permitted by law, without conducting concession, tender or public procurement procedures. The state will, as stated, assume responsibility for the construction of public infrastructure and the preparation of planning documentation, in cooperation with the designated UAE body or their joint venture, and implement all legal measures necessary for the implementation of the projects.

Joint projects also include the implementation of advanced energy production and supply facilities using low-carbon and transitional energy sources, as part of integrated projects that contribute to the diversification of energy supply, the stability of the electricity system, secure access to regional and international markets, as well as the exploration and production of national energy resources.

It is also planned that the UAE and Montenegro will establish a joint committee consisting of representatives of the domestic government, appointed bodies of the two countries, and a subcommittee if necessary - to select and approve projects and provide support for implementation.

Zejnović is also the initiator of the initiative to review the constitutionality of the Law that confirmed the Agreement on Cooperation in the Field of Tourism and Real Estate Development between the Governments of Montenegro and the UAE. However, the Constitutional Court has not initiated proceedings to review the constitutionality.

The Constitutional Court has been functioning with a truncated composition for some time due to the lack of political agreement on the election of the seventh judge.

Vijesti” wrote in March that the judges Snezana Armenko, Faruk Resulbegović i Momirka Tešić were in favor of initiating proceedings to review the constitutionality of that law, while Desanka Lopičić, Nikola Mugoša i Jovan Jovanovic were against it.

The Constitutional Court announced that the judges who voted to initiate the procedure believed that the Law should have been adopted by a two-thirds majority because it regulates the property rights of foreigners, and that otherwise the Parliament could adopt other international treaties by a simple majority, even though they regulate issues that require a qualified majority, such as electoral rights, which may include regulating the issue of dual citizenship.