CDT: Issues such as dual citizenship should be resolved carefully and in accordance with European standards

The issue of dual citizenship in Montenegro must be viewed through the prism of preserving sovereignty, political stability, but also clearly defined residency rules, say the Center for Democratic Transition (CDT).

"In the current circumstances, where hundreds of thousands of Montenegrin emigrants formally continue to have residence in the country – and therefore the right to vote – any initiative related to the expansion or redefinition of citizenship, including models such as the 'blue card', may have far-reaching political and social consequences. Montenegro defines its citizenship policy in accordance with the specifics of national interests and its demographic characteristics. In this regard, the issue of dual citizenship is considered in the context of the applicable legal and administrative frameworks," the CDT announced.

This NGO published a text in which they reviewed legal solutions in smaller European countries and the way they resolved the issue of voting rights for people with their passports.

"Models from other countries can serve as a reference, but they are applied to the extent that they are adapted to the local context and needs of Montenegrin society," they said.

With the coming to power of the former Democratic Front, CDT points out, the issue of introducing dual citizenship is reopening in Montenegro.

"While the current law is strictly restrictive regarding dual citizenship, initiatives such as the 'blue card' recently proposed by Milan Knežević, leader of the Democratic People's Party, have once again put this issue in the public spotlight. The 'blue card' is a solution that Turkey introduced in 1995, through amendments to the Law on Citizenship. It is issued to persons who were born as Turkish citizens, but later lost their Turkish citizenship after acquiring the citizenship of another country. 'Blue card' users have similar rights as Turkish citizens, but do not have the right to vote or stand for election, nor to hold public offices that require citizenship. Knežević's proposal to introduce the so-called 'blue card', inspired by the Turkish model, therefore envisages granting a special status to Montenegrin emigrants and their descendants - allowing them access to rights such as work, education and property, but without the right to vote," they explained.

They point out, however, that estimates by the Society of Statisticians and Demographers indicate that more than 200.000 Montenegrin emigrants live outside the country, whom Montenegrin legislation has enabled, "without any sanctions, to retain their residence regardless of the fact that they have left Montenegro."

"The Law on the Election of Councilors and Representatives stipulates that all citizens who have a permanent residence in the territory of Montenegro have the right to vote. Therefore, all citizens who, for certain business or personal reasons, are not in Montenegro but have a permanent residence there, if they happen to be in Montenegro on the day of the elections, can vote because they are registered on the electoral register. This is also the case with emigrants who do not live in Montenegro, but exercise their right to vote contrary to the intention of the Constitution and the law - that the right to vote in the country is given to those Montenegrin citizens who have lived in Montenegro for at least two years," adds the CDT.

Although Knežević's proposal, as they said, is presented as an attempt to connect with the diaspora and correct a "historical injustice", critics see it as an attempt to introduce dual citizenship through a "back door", with possible political motives.

"Also, comparing Turkey with around 85 million inhabitants and Montenegro with around 630 thousand in terms of dual citizenship is not appropriate. In addition, the state and political system of Turkey should not be role model "for Montenegro, because, as a candidate for EU membership, our country should first and foremost be guided by European practices, which was the message from Brussels," CDT points out.

They remind that European Commissioner for Enlargement Marta Kos said that Montenegro must inform the EU in advance about any intention regarding dual citizenship, so that the European integration process remains stable and transparent.

In the context of the European Convention on Nationality, which Montenegro ratified in 2010, states have the right to independently regulate the issue of multiple citizenship, but it is recommended that this be in accordance with the principles of avoiding statelessness and respecting fundamental human rights, adds CDT.

"Montenegro, in an effort to preserve its interests, is pursuing a 'more restrictive' citizenship policy. The Citizenship Law, which is in force today, was passed in 2008, two years after the restoration of Montenegro's independence. According to it, citizenship is acquired by birth, descent, admission or by an agreement on dual citizenship with another country. Dual citizenship is permitted only if it was acquired before the declaration of independence of Montenegro (June 2006) or if there is a bilateral agreement with another country. Those who acquired another citizenship after June 2006 automatically lose Montenegrin citizenship. At least that is what the Law stipulates, although practice shows that many Montenegrin citizens also hold citizenship of a large number of countries, especially those from the surrounding area," writes CDT.

They remind that Article 45 of the Montenegrin Constitution stipulates that a person who has citizenship acquires the right to vote after two years of residence in Montenegro, and point out that changing that article would require the support of three-fifths of all voters in a national referendum.

The long-standing recommendation of the Venice Commission and the ODIHR, the CDT recalls, is to abolish the residency requirement for national elections in line with standards. However, they note that implementing these recommendations is not easy, as there is not enough support from citizens.

"The two-year waiting period for national elections appears to be an unreasonable restriction and is contrary to the Code of Good Practice in Electoral Matters. It is recommended that this provision be removed," the Opinion states.

The CDT also says that the very topic of dual citizenship in Montenegro is "additionally burdened by a complex social and political context, because it touches on issues of identity, relations towards emigrants, as well as preserving ethnic and political balance in the country."

While some see dual citizenship as a natural way to respond to the needs of the diaspora, the NGO said, others recognize it as a risk to the sovereignty of the state and its political stability.

"In a society like Montenegro's, which is still building institutions and seeking a balance between domestic interests and international obligations, it is important that such issues are resolved carefully, transparently and in accordance with European standards, and not under the influence of partial political interests," the CDT said.

CDT reviewed legal solutions in smaller European countries and the way in which these countries have resolved the issue of voting rights for those with their passports.

Baltic countries

Lithuania:

Lithuania is one of the countries that allows dual citizenship only in very rare and exceptional cases, most often when the person holding both citizenships is a child or young person born abroad or in a mixed family, the text says.

Although a referendum was held in 2024 to change the Constitution to allow for wider recognition of dual citizenship, the referendum failed because a sufficient number of votes were not collected.

According to the current law, a citizen of the Republic of Lithuania may simultaneously be a citizen of another state only if he or she meets some specific conditions.

"All Lithuanian citizens have the right to vote in parliamentary elections, regardless of whether they also hold another citizenship. Given that dual citizenship in Lithuania is generally prohibited and limited to exceptional circumstances, a relatively small number of voters formally hold two passports. However, if a voter is still a dual citizen of Lithuania and another country, the existence of another citizenship does not affect their right to vote in Lithuania," writes CDT.

Latvia

Dual citizenship in Latvia is permitted in certain cases, in accordance with the Law on Citizenship, which entered into force on 1 October 2013. Latvian citizens may retain or acquire a second citizenship if it is from another member state of the European Union (EU), EFTA or NATO, Australia, Brazil or New Zealand, or a country with which Latvia has an agreement on the recognition of dual citizenship (although currently no such agreement exists). Dual citizenship is also possible, if acquired with the special approval of the Government of Latvia due to important national interests.

Children of Latvian citizens may have dual citizenship with any country. However, if the second citizenship is from a country not on the list of permitted ones, upon reaching the age of majority, the person must choose between Latvian and the other citizenship no later than the age of 25.

Regarding voting rights, only Latvian citizens can vote in parliamentary elections. Latvia also has a significant number of non-residents, who do not have the right to vote at the national level, but only at the local level.

Estonia

Estonia, on the other hand, has maintained the most restrictive stance on dual citizenship, CDT points out.

"Estonian law does not allow an adult to hold two citizenships at the same time – children are temporarily allowed to have two passports, but upon reaching the age of eighteen they are required to choose one. Estonia sees dual citizenship as a potential threat to state sovereignty, especially in the context of the large number of ethnic Russians who remained in the country after the collapse of the Soviet Union."

Only citizens of Estonia have the right to vote in national elections.

"Although until recently, citizens of non-EU countries were allowed to vote in local elections, a constitutional amendment from March this year removed this right. Ninety-three out of 101 members of parliament in Estonia supported a constitutional amendment restricting the right to vote for this category of citizens," it added.

Other European countries

Croatia

Croatian citizenship can be acquired without the need to renounce foreign citizenship in certain cases, according to the Croatian Citizenship Act.

These specific cases include: persons married to a Croatian citizen, emigrants and their descendants, persons whose admission is in the interest of the Republic of Croatia, minor children following their parents, former Croatian citizens seeking readmission, and members of the Croatian people abroad. In these cases, retention of existing foreign citizenship is permitted.

When it comes to voting in elections, all Croatian citizens over the age of 18 have that right in Croatia, writes CDT.

Slovenija

In Slovenia, dual citizenship is generally restricted, but is permitted in certain cases – for children from mixed marriages (if a child is born in a mixed marriage where one parent is a Slovenian citizen and the other is a citizen of another country, the child may have both citizenships, in accordance with the laws of that other country), for persons who acquire Slovenian citizenship by exceptional naturalization (e.g. due to contributions to science, culture or sports), as well as for those whose home country does not allow renunciation of citizenship or does not resolve it within a reasonable time.

Also, if there is reciprocity between Slovenia and another country regarding dual citizenship, retaining both passports is possible.

In standard cases of naturalization, renunciation of previous citizenship is mandatory, unless there are some of the exceptions listed. Slovenian citizens who subsequently acquire another citizenship do not automatically lose their Slovenian citizenship, while those born abroad may renounce their Slovenian citizenship by the age of 25, under certain conditions.

Slovenian citizens vote based on their place of residence, while foreign citizens and expatriates have the right to vote under certain conditions – in local and European elections, by mail, at home or abroad. The right to vote is reserved for adult citizens, the text reminds.

Malta

When Malta became an independent state on 21 September 1964, the Maltese citizenship law did not allow dual citizenship, except in the case of minors. In order to retain Maltese citizenship, they had to renounce their foreign citizenship between their 18th and 19th birthdays. If they did not do so, they would lose their Maltese citizenship on their 19th birthday, according to the CDT.

However, with the amendments to the law in 2000, the Maltese Citizenship Act (Cap. 188) provides that “every person shall be permitted to be a citizen of Malta and at the same time a citizen of another State.”

"Therefore, following the amendments adopted on 10 February 2000, Maltese citizens who acquire foreign citizenship may also retain Maltese citizenship, while foreigners who acquire Maltese citizenship by registration or naturalisation may also retain that citizenship together with the foreign one. This is subject to the assumption that the legislation of the foreign state does not prohibit dual citizenship for its nationals," it was explained.

Regarding voting rights and dual citizenship, Maltese laws stipulate that a person must have certified documentation of dual citizenship, but it does not affect voter registration.

However, criteria relating to nationality and other constitutional qualification criteria must be met, and registration as a voter is not automatic, but a voter must apply to be so registered.

In local elections in Malta, EU citizens living in Malta have the right to vote, provided they have a residence permit.

Luksemburg

In Luxembourg, which has a population of 653.000, an applicant for dual citizenship must have lived in Luxembourg for at least five years. Citizens with dual citizenship who meet all the necessary conditions can vote in elections in Luxembourg.