If the Parliament reaffirms the agreement with the United Arab Emirates (UAE), which envisages "the largest investment in the history of the country", the Government will not be able to implement it in practice without violating the laws and rules of the European Union (EU), of which Montenegro wants to become a member, and in addition, the country risks not closing the chapter on public procurement in negotiations with that community.
This stems from the assessments of the interlocutors of "Vijesti", who commented on yesterday's response from the European Commissioner for Enlargement. Marta Kos at the request of the head of state Jakov Milatović for its opinion on the compliance of the agreement with the Emirates with the acquis and EU rules.
Kos stated in the letter that improper application and interpretation of some provisions of the agreement could lead to violations of European regulations in the field of public procurement, and discrimination against European and Montenegrin companies in favor of potential investors from the UAE.
The agreement stipulates that the government of that country proposes and guarantees for private investors to cooperate with the Montenegrin government on the implementation of two tourism projects in the north and south of the country, with the written consent of the executive authorities in Podgorica.
Although he had not received the opinion of Kos, on April 29, Milatović returned the Law on Ratifying the Agreement on Cooperation in the Field of Tourism and Real Estate Development to the Parliament for reconsideration, while he signed the decree on the promulgation of the less controversial Agreement on Economic Cooperation with the UAE.
Bajramspahić: Diplomatic checkmate to the government
Civic activist Dina Bajramspahić She told "Vijesti" that Kos' response was a diplomatic checkmate for the Government. The most concise way, she says, is to say that the European Commission's position is - "the agreement is not a problem, but you must not implement it the way you wrote it", which, she adds, spared the Government harsh criticism, "but it was brought into a dead end".
"The opinion literally states that the direct deal is in conflict with the European principles of public procurement, primarily the principles of non-discrimination, reciprocity, equal treatment for EU and Montenegrin companies, and transparency. The EU does not support European and Montenegrin companies being in a less favourable position, while those from the UAE have a privileged, preferential status. This is a completely reasonable and expected position that the Government has been warned about," says Bajramspahić.
The interviewee says that, by carefully choosing her words, the Union managed to maintain a constructive relationship and did not completely slam the door on Montenegro, leaving the country with a "lifeline", bearing in mind that there has been no progress in negotiations with that community for six months.
"The responsibility now lies with the Government to show whether EU integration is its priority or not. Bearing in mind that our country has a chance to close the negotiating Chapter 5 - Public Procurement in June, that it is the only chapter being analyzed, that our progress has already been slowed down and diluted, the Government's steps regarding the agreement will be monitored even more closely than usual," Bajramspahić underlines.
She states that the European Commission's report on the fulfillment of the final benchmarks for Chapter 5 has not yet been prepared, and therefore the EU's draft common position for that chapter has not been submitted to COELA (the EU Council Working Group) for consideration. If we add to this, she says, that individual EU member states must comply with internal parliamentary procedures in the decision-making process on closing the chapter, everything, according to her, points to the conclusion that Montenegro is once again entering a race against time and unnecessary uncertainty about whether it will manage to close the "public procurement" in June.
"At such a sensitive moment, the Government of Montenegro is unfortunately doing more harm than good to ensure a positive outcome," Bajramspahić notes.
On the night of April 22-23, the Parliament ratified two agreements between the governments of Montenegro and the UAE. These documents were signed in Dubai on March 28 by the Prime Minister Milojko Spajic, after which he sent them to the parliamentary procedure in the form of a bill.
DON'T MISS IT
Previously, he presented the Arab billionaire's intention to the leaders of Ulcinj and local parties there. Mohamed Alabara to allegedly invest 35 billion euros in the construction of a tourist complex in that municipality and to lease the entire Ulcinj Velika Plaza for 99 years.
Part of the public, political parties and the non-governmental sector claim that the agreements are contrary to state interests in several areas and that they jeopardize Montenegro's path towards the EU. The Ulcinj authorities, part of the civil sector, as well as some Albanian parties in the state government protested against the agreements.
Marić: The agreement protects investors
Lawyer Boris Marić He assessed that the agreement that envisages investments in its current form absolutely protects the investor and that the state excludes its legislation from that document, which has been harmonized with the EU acquis for decades. He claims that the agreement does not ensure equality in the market, but rather violates it, and that this is “extremely controversial”.
According to him, the second level of the problem in this regard is the issue of sovereignty, which according to the Constitution belongs to the citizens of Montenegro.
"When you suspend part of the legal content, a certain part of the norms that are equally valid under the Constitution, even though we are all equal before the Constitution and the law, you thereby partially violate that part of our sovereignty as citizens and nationals of Montenegro," Marić told "Vijesti".
He said that the third problematic moment, which, he claims, is the most unfavorable for the country, is that the UAE government is left to make decisions regarding the selection of investors.
"There is a terrible disproportion between the obligations that the Government of Montenegro assumes and the rights it has in relation to that. It gives consent to the possible selection of investors to the Government of the UAE, that is a small right in relation to all the obligations that are assumed, which is to give them a privileged status, to exempt them from tender procedures, to build infrastructure for them, which means investing our money, those who own the budget, that is, sovereignty, that is all connected in the legal and economic system of a state," Marić underlined.
The interlocutor points out that, after Kos's response, it would be most polite to pause before confirming the agreement and to think in detail about the content of the document.
"... But also about its prospects and consequences in relation to its possible consolidation. But, I say, if it were adopted, it would have to undergo serious, serious changes and redefinitions," says Marić.
Spajić: I am very pleased.
Yesterday in Bar, Prime Minister Spajić, responding to a journalist's question to comment on Kos's response to Milatović, stated that after her opinion, he expects even greater support for the agreement in parliament.
"I think it is explicitly clear in the first sentence of the opinion that the agreement is not against European legislation. We will also see a second view, since Kos stated that the agreement does not seem to be contrary to European legislation at first glance. We will wait for the second and third and 105th views... I am very pleased with such a response. It shows that the Government was absolutely right when it said that the agreement is in line with European legislation," he told reporters.
Spajić stated that Montenegro is fully aligned with European legislation on competition and state aid.
"As you know, we are supposed to close that chapter this year, so I think that is an indicator that we were absolutely right regarding this agreement, and we are glad that the European Commission has confirmed that," he said, adding that there is no obstacle to the agreement being adopted, because, he claims, the Commission's assistance that was offered "was related to the implementation of the agreement, not its adoption."
Therefore, he added, there are no obstacles to the document being re-adopted in parliament.
"I think the majority should be much larger. I think that this time 81 MPs have every right to vote with great pleasure for a phenomenal agreement that will boost the economy of Montenegro," said the Prime Minister.
President Milatović announced that Kos' opinion represents a kind of warning and calls for caution before the second parliamentary vote. He stated that the European Commissioner's position confirms that the content of the agreement is such that its implementation would not be in line with the EU acquis.
He called on the Government, in cooperation with the UAE, to improve the text of the agreement "with the aim of defining clear, precise and legally sustainable provisions that will be fully compatible with the EU acquis and the Montenegrin legal order."
President of the Municipality of Ulcinj Genzi Nimanbeg welcomed the reaction of Kos, stating that the state government had taken control of development processes in municipalities, which, he claimed, violated the principles of decentralization and democratic governance.
"This approach not only threatens the autonomy of local governments, but also undermines citizens' trust in the institutions that are supposed to protect their interests," he said.
President of the Social Democratic Party and one of the leaders of the European Union Ivan Vujović He announced that by adopting the agreement with the UAE, the government is formally becoming anti-European.
The government is silent, Janović will vote against
The ruling parties Europe Now Movement, New Serbian Democracy, Democrats, Bosniak Party, Democratic People's Party, and Socialist People's Party did not respond to "Vijesti" whether Kos's opinion would possibly change the position of their MPs when the agreement is decided again.
The strongest opposition party, the Democratic Party of Socialists (DPS), did not respond to a request for comment on whether the European Commissioner's response would influence their MPs to vote "no", given that they left the chamber when the agreement was confirmed. A MP from that party Nikola Janović He announced yesterday that he would vote against the ratification of the agreement, adding that he considers the position of his party colleagues not to attend the vote to be legitimate.
DON'T MISS IT
Janović, in a show on Television of Montenegro, said that the Government was obliged to explain the details of the agreement.
"The very fact that the agreement is many times 'heavier' than GDP opens up many dilemmas. It remains unclear what the investors' plans and projects are, and the Government was obliged to clarify that. However, we were left without answers," he said.
It is not known at this time when the parliament will discuss the ratification of the disputed document again. The parliamentary rules of procedure stipulate that the first speaker of the legislative chamber is obliged, if the head of state returns the law to parliament for reconsideration, to put that regulation on the agenda of the first subsequent session.
Bajramspahić: Either implementation of European legislation or arbitrariness
Dina Bajramspahić says that it remains to be seen whether the ruling majority will choose to apply European public procurement legislation "which we have transposed", or whether it plans to continue to operate outside the legal framework, procedures, rules, completely arbitrarily.
"It is a matter of symbolic and strategic commitment, and an opportunity to demonstrate a qualitatively more advanced approach than has been the case so far. If the path that has been taken is chosen, it is clear to everyone that the Government and the ruling majority, by their actions, are subverting the meaning and purpose of Europeanization," she assesses.
The interviewee notes that, "while Montenegro is rethinking its key state goals," next week, on May 16, Albania will host the sixth summit of the European Political Community (EPC), which will bring together 47 heads of state or government and leaders of key European and international institutions.
She said that, unlike Montenegro, which "has nothing ready or certain for June", Albania has opened three clusters (or 16 out of 33 negotiation chapters) in six months, and is ready for the fifth intergovernmental conference.
Bajramspahić pointed out that the draft common EU position for Cluster 3 (Competitiveness and Inclusive Growth) for Albania has already been discussed at COELA (EU Council Working Group) and sent to COREPER (Committee of Permanent Representatives of the Member States) and will be considered today.
She stated that Cluster 3 includes eight chapters, which, she claims, will confirm Albania's status as the fastest-growing Balkan country "which will open 24 negotiation chapters in just seven months."
"This is how a country progresses that has no dilemmas about which direction it should go," concludes Bajramspahić.
GP URA: Montenegro must not be an experiment for private interests
The Civic Movement (CP) URA announced yesterday that it had addressed the Members of the European Parliament regarding the upcoming second vote in the Assembly.
In the letter, they warned of "serious consequences that the adoption of the agreement could have for the legal order, environmental standards and Montenegro's European path."
"Montenegro must not be an experiment for private interests. Any agreement that directly affects natural resources must be the result of a public and democratic process, not a secret agreement behind closed doors," said the URA Border Guard.
Bonus video:
