Montenegro is obliged, in order to join the European Union (EU), to adopt a set of amendments to the Constitution, which, in addition to strengthening the independence of the judiciary, should define the relationship between the state and the EU, as well as the rights of Montenegrin citizens within that community, and do not concern identity issues.
This was told by the Minister of European Affairs to "Vijesti". Maida Gorcevic (Europe Now Movement), answering questions about what constitutional changes the EU expects from Montenegro in the final phase of negotiations and what is the deadline for that.
She said that amendments to the highest legal act are a common and indispensable part of the final phase of EU accession, and that their purpose is for the country, both legally and institutionally, to be fully prepared for full membership and for functioning within the European system.
Gorčević reminded that the first priority is the constitutional amendment envisaged by the Reform Agenda of Montenegro, which relates to strengthening the independence of the judiciary through changes related to the Judicial Council.
"This obligation is both part of the IBAR law and the final benchmark, and aims to remove political influence from the judicial system," she stated.
After adopting a set of laws, Montenegro received a positive IBAR (Interim Benchmark Assessment Report) in the summer of 2024 for chapters 23 (judiciary and fundamental rights) and 24 (justice, freedom and security), which paved the way for the final phase of the integration process.
According to the Reform Agenda 2024-2027, which is a condition for receiving money from the Reform and Growth Instrument under the EU Growth Plan for the Western Balkans, Montenegro was supposed to adopt a part of the constitutional amendments related to the Judicial Council last year. The government adopted a Proposal for amending the Constitution in April 2025, according to which the Minister of Justice will no longer be a member of the Judicial Council. The material was forwarded to the Parliament on 30 May last year in order to include this topic on the agenda of the session, but this has not yet happened.
When asked why constitutional amendments in the field of the judiciary were not adopted last year, Gorčević replied that the Constitution cannot be amended ad hoc because it requires serious political dialogue, broad consensus and a two-thirds majority in the Parliament, along with full compliance with international and European standards.
"Although this issue is not yet on the agenda, the Government remains fully committed to strengthening the independence of the judiciary. At the same time, our position is that constitutional amendments are made responsibly and sustainably, especially considering that Montenegro is in the final phase of the European integration process," she added.
EUROPEAN PARLIAMENT ELECTIONS
As for other constitutional amendments, Gorčević says that one segment relates to the introduction of new constitutional solutions that define the relationship between Montenegro and the EU, as well as the rights of Montenegrin citizens within that community. This, she explained, also includes the possibility for Montenegrin citizens to participate in the elections for the European Parliament (EP) - both as voters and as candidates - where Montenegro, as a future member, will have six MEPs.
"At the same time, the Constitution is expected to clearly recognize the legal basis for EU membership, including the primacy and direct application of EU law in the domestic legal order, as well as the possibility of entrusting certain competencies to EU institutions," explained Gorčević, adding that this strengthens legal certainty and clearly defines Montenegro's position in the European legal space.
She stated that a special part of the changes concerns the status of Montenegrin citizens as EU citizens - freedom of movement and residence, the right to vote at the local level in other member states, as well as the right to consular protection and access to EU institutions.
"At the same time, constitutional solutions should also enable the exercise of certain rights of EU citizens in Montenegro, especially in the area of local self-government," said Gorčević.
According to her, the second segment refers to amending existing constitutional provisions in the areas of voting rights, local self-government and institutional independence, including strengthening the constitutional position of the Central Bank through a clearly defined goal of price stability, which is an EU standard.
The Minister emphasized that these constitutional amendments do not relate to identity issues, but rather serve to strengthen legal certainty, clarity of jurisdiction and Montenegro's full readiness for EU membership.
"They represent a natural step for a country that has entered the final phase of the European integration process," she said.
The parties of the former Democratic Front (DF), which are part of the government, are demanding changes to the Constitution to standardize the Serbian language as the official language. The head of the parliament and one of the leaders of that former alliance Andrija Mandic, claims that the highest legal act does not fully reflect the actual situation in society, and that a large number of provisions of that regulation are “ripe for harmonization with the modern state”.
CHANGES BEFORE FULL MEMBERSHIP
Gorčević said that for certain changes, such as the composition of the Judicial Council, or the exclusion of the Minister of Justice from that body, there is a clearly defined deadline, which is the end of June. For other changes, as she stated, there are no clearly defined deadlines, but there is a very clear framework - constitutional amendments must be adopted before full membership in the EU.
"We will determine the dynamics of other changes in communication with the European Commission," said the minister.
She explained that the preparation process is institutional and involves the Government, relevant ministries, legal experts, with constant communication and coordination with European institutions.
The government, she added, has an obligation to initiate and lead the process, but the Parliament is the key actor, because constitutional amendments can only be adopted through parliamentary consensus.
Responding to the question of whether she expects the Parliament to provide the necessary majority to adopt constitutional amendments, she pointed out that European integration is a strategic and state goal of Montenegro and one of the rare topics around which there is broad consensus in society.
"That is precisely why I believe that the Parliament will show political responsibility at a moment that is of crucial importance for the country's European future," she said, adding that constitutional amendments are not a matter of party interests, but a decision on the direction in which Montenegro will move in the coming decades.
Gorčević stated that she expects that, when these topics come on the agenda, awareness of the importance of the European path will prevail and that the necessary majority will be secured.
She recalled that the steps taken so far in this area have been positively assessed by the European and Venice Commissions, but that the full depoliticization of the judiciary and the strengthening of institutional independence require continued reform dialogue, technical precision and a willingness to compromise on the part of all political actors.
"It is precisely such an approach that guarantees that constitutional changes will be permanent, of high quality and in line with European standards," she concluded.
Both Croatia and Slovenia changed their constitutions
Croatia, through amendments to its Constitution on the eve of its accession to the EU, defined that as an EU member state it participates in the creation of European unity, "in order to ensure, together with other European states, lasting peace, freedom, security and prosperity, and to achieve other common goals, in accordance with the fundamental principles and values on which the EU is founded."
The Constitution of Croatia also states that the state, based on Articles 139 and 140 of the Constitution, "entrusts the EU institutions with the powers necessary for the exercise of rights and fulfillment of obligations assumed by virtue of membership."
Before joining the EU, Slovenia also introduced amendments to its Constitution that enabled the transfer of certain powers to international organizations, in order to be legally prepared for membership in the EU and NATO.
Chapter 32 is closing on Monday.
The Government announced yesterday that Montenegro will close another negotiating chapter in the negotiations with the EU on Monday (January 26) at the Intergovernmental Conference with the EU.
This is Chapter 32 - Financial Supervision, which refers to the adoption of internationally accepted standards in the areas of public internal financial control, external audit and EU best practices and their application to the entire public sector, discipline and transparency in the use of national and Union funds.
This would be the 13th provisionally closed chapter, out of a total of 33, since the start of accession negotiations in 2012.
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