Citizens' Action: We have sent evidence of the violation of the rule of law in Montenegro to the European Commission, Kosovo and the EU Delegation

Civic Action announced today that it has sent "evidence of violations of the rule of law in Montenegro" to the European Commission, European Commissioner for Enlargement Marti Kos and the Delegation of the European Union (EU) to Montenegro.

The NGO said that they had submitted to the European Commission, Kosovo and the EU Delegation to Montenegro "extensive documentation indicating serious issues regarding respect for the rule of law, the enforcement of final court decisions and the democratic participation of citizens in Montenegro."

The statement signed by Božidar Vujičić states that the documentation was submitted electronically to the EU Delegation to Montenegro, as well as by registered international mail with return receipt to the addresses of the competent EU institutions.

Civil Action said that they had submitted the following to European institutions:

- final judgment of the Administrative Court of Montenegro U. No. 2409/18;

- decisions of the Constitutional Court of Montenegro U-II No. 24/12 and U-II No. 24/14;

- documentation confirming that certain planning documents, including the DUP Bečići, have ceased to be valid upon the expiry of the period for which they were adopted;

- documentation indicating that state authorities continued to issue acts and enable construction by referring to planning documents that the courts have determined no longer have legal effect.

"We particularly pointed out the fact that, despite the existence of a final court ruling establishing that the planning document had ceased to be valid, a new permit was issued at the end of 2024 to continue construction of the facility in Bečići, which raises a serious issue of respecting final court decisions and the principle of legal certainty," said the Civil Action.

They said that in their address to the European institutions, they emphasized "that this is not an individual case, but an issue of general importance for the rule of law, equality of citizens before the law, and public trust in the institutions of the system."

"We also pointed out that Article 2 of the Constitution of Montenegro stipulates that sovereignty belongs to the citizens and that citizens exercise it directly and through freely elected representatives. Citizens cannot exercise any constitutional right to exercise power because they do not freely elect representatives, but rather elect closed election delegates, party presidents, and cannot make decisions without the parliament in a referendum because when they collect enough signatures for a referendum decision, the parliamentary majority decides by vote whether or not to allow citizens to decide in a referendum, which is why it is of particular importance to ensure real and effective participation of citizens in decision-making processes," said the Civic Action.

The non-governmental association said that they have asked the European Commission and Commissioner Kos, "as part of Montenegro's negotiation process with the European Union, to review the submitted documentation and take actions within their jurisdiction to ensure full respect for final court decisions, the constitutional order and the standards of the rule of law."

"We specifically pointed out that back in 2017, the Constitutional Court, deciding in cases U-II no. 24/14 and U-II no. 24/12, took the legal position that planning documents adopted for a period of five years cease to be valid upon the expiration of the period for which they were adopted unless a decision on extension is made. Despite this, according to publicly available data, 67 plans that the Constitutional Court determined to have ceased to be valid are still used as valid planning documents in the territory of the Capital City of Podgorica," reads the statement by Civic Action.

They stated that they believe "that full respect for Article 2 of the Constitution of Montenegro and court decisions is one of the fundamental conditions for Montenegro's progress on the path to membership in the European Union and that no negotiation process can be successful if citizens are not enabled to exercise power in accordance with the Constitution and final judgments are not enforced or their legal effect is circumvented by adopting new acts contrary to the established positions of the courts."

"Civil Action will promptly inform the public about all responses and activities of European institutions regarding the submitted documentation," the statement reads.