What is "legal" and "uninterrupted" residence, as a legal condition for acquiring Montenegrin citizenship by admission, must be defined through a legal norm, and not by a by-law as is the case now. Additionally, the decisions defining the criteria for granting honorary citizenship should be subject to special reviews and analysis by the executive power.
This, among other things, was stated in the opinion of the Agency for the Prevention of Corruption (ASK), which analyzed the current Law on Montenegrin Citizenship and accompanying decisions on the criteria for a person to receive a Montenegrin passport.
As stated, the Agency analyzed the Law and accompanying decisions ex officio.
The analysis includes the Law on Montenegrin Citizenship, and decisions on criteria for determining the conditions for acquiring Montenegrin citizenship by admission, on criteria for determining scientific, economic, economic, cultural and sports interest, and Decision on criteria, method and procedure for selecting persons who can acquire Montenegrin citizenship reception for the realization of a special investment program of special importance for the economic and economic interest of Montenegro.
"Analyzing the Law, the Agency determined that 'legal' and 'continuous' residence is a concrete legal requirement for acquiring Montenegrin citizenship by admission, the fulfillment of which is also valued for the acquisition of Montenegrin citizenship for a Montenegrin emigrant and his family member, and a person who is in marriage with a Montenegrin citizen, it is necessary to define it through a legal norm, and not by a by-law... especially with the aim of greater legal certainty and reducing the scope for various abuses during the preparation and adoption of this regulation", the opinion states.
The Agency also reviewed the procedures for granting citizenship to persons whose admission to Montenegrin citizenship is of particular importance for the state, scientific, economic, cultural, economic, sports and other interests.
"These decisions should be the subject of special reviews and analysis by the executive power", the opinion reads, adding that the Agency's conclusion is that the procedure, "which is of a privileged nature", lacks transparency.
"In this particular case, transparency is important, because it refers to 'privileged' procedures, in which the public's demand to know who receives Montenegrin citizenship through special procedures and for what reason is justified, thus establishing a legal link with Montenegro. In addition, in the application of "privileged" procedures, possible pressure from the public, both lay and professional, is beneficial, so that the procedure and content of the decision granting this type of citizenship is based on measurable and tangible results, which would "justify" the decisions of the authorities in to each specific subject," the opinion reads.
Transparency, they add, is especially necessary when granting "economic citizenship", which aims to increase economic activities. Therefore, as stated in the opinion, the transparency of the decisions of the Investment Agency is also necessary, as a key link in the implementation of a special investment program of particular importance for the economic and economic interests of Montenegro.
ASK reminds that the institution of granting economic citizenship, like the one in Montenegro, exists only in two European Union (EU) members - Malta and Bulgaria, and that it is the subject of discussion within the Union itself.
"In this regard, and bearing in mind Montenegrin aspirations related to European integration processes, it is very important to conduct an analysis on the justification of attracting investments in this way, bearing in mind that 'economic citizenship' represents an obvious 'stumbling block' for integration processes", it is written in in the opinion of the ASK, of which he is the head Jelena Perović.
In Montenegro last year, 743 citizenships were granted by admission, the Center for Civil Liberties (CEGAS) announced recently. From that non-governmental organization, they repeatedly appealed for the necessity of changing the Law on Montenegrin Citizenship and by-laws, with the mandatory compliance of that law with the Law on Foreigners of Montenegro, as well as the Law on Registers of Residence and Residence.
In March, CEGAS invited the State Prosecutor's Office, the Financial Intelligence Unit of the Ministry of Internal Affairs (MUP) and KAS to examine the work of the Investment Agency in the part of the opinions given on applicants for the granting of economic citizenship.
The Center for Civic Education (CGO) announced in February that the MUP, at the time of the Government Zdravka Krivokapića, in 2021 brought 273, and in 2020 one decision on honorary citizenship, and that in 13 months of work, that number has more than doubled. The previous government granted 11 citizenships in 2020 months of 115, they said at the time.
Since the beginning of the Law on Citizenship, from 2008 to January 1, 664 honorary citizenships were granted.
Head of government Dritan Abazovic a few days ago he said that the "golden passport" awarding program should be completed by the end of the year.
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