The Law on Spatial Planning was adopted

Deputies of the Montenegrin Assembly adopted today in principle the Law on Spatial Planning and Construction of Buildings, which comprehensively defines the areas of spatial planning and methods and conditions for the construction and legalization of illegal buildings.

41 MPs of the ruling coalition voted for that Law, while Force representative Genci Nimanbegu was against it.

MP Genci Nimanbegu (FORCA) said that he will urgently call on the Albanian coalition to decide whether to dissolve the coalition with the minority parties and the Democratic Party of Socialists (DPS).

He told "Vijesta" that the coalition platform with the minority parties envisaged the even development of all regions of Montenegro and decentralization, which the MPs of the BS and HGI violated with today's vote.

He explained that, in a milder form, the coalition agreement with the DPS foresees this and that this is an issue on which Enje's party must urgently declare.

Vuksanović: HGI will vote for the Spatial Planning Law

The Croatian Citizens' Initiative (HGI) will vote for the Law on Spatial Planning, Adrijan Vuksanović, a member of the HGI in the Parliament of Montenegro, announced today.

The members of the Montenegrin Assembly finished the debate on the Draft Law on Spatial Planning and Construction of Buildings, which comprehensively defines the areas of spatial planning and the methods and conditions for the construction and legalization of illegal buildings.

Croatian Citizens' Initiative MP Adrijan Vuksanović said in the debate that extremely dynamic discussions were held in order to obtain a form of law that would satisfy everyone.

"This fact shows that this institution is a place for discussions and agreements. This fact also shows that the relations in our coalition are based on healthy relations where we do not negotiate but talk and listen to each other," said Vuksanović.

He said that the HGI will vote for the Proposal for the Spatial Planning Law.

"We will vote for this law in order to give it a chance, in order to give a chance to a new modality of spatial management, taking into account how it is implemented," Vuksanović said.

He said that the main point of contention was the reduction of the competence of local self-government and the increase of centralization.

"The minister made a significant step forward by offering that local self-governments influence the adoption of urban planning projects and that municipalities can plan their space in this way, which is one form of strengthening local self-government," Vuksanović said.

Force MP Genci Nimanbegu said that this is one of the laws that derogates from the rights that local governments now have.

He said that this law is unacceptable to him.

DPS MP Predrag Sekulić assessed that it is a good quality and innovative law.

He said that when we talk about planning, then instead of dozens and hundreds of detailed urban plans, general plans that have expired, and spatial urban plans for many cities that have not been adopted even though the legal deadlines have been met, there will be two plans - a spatial plan and a plan general regulation.

Sanja Pavićević, MP of the Democratic Party of Socialists, assessed that the proposed law includes local self-government in all decision-making processes.

She said that the draft law encourages close and continuous cooperation, teamwork and informed entities at the local and state level and continuous monitoring of the state of the area.

MP Ervin Ibrahimović said that space and spatial planning is one of the most important subjects of social development.

"Spatial planning is one guarantor in the equalization of spatial, i.e. regional inequalities. One of the priorities of the BS is balanced regional development and decentralization, and this law touches on these issues," said Ibrahimović.

He said that in this bill, the deputies of the minority parties, DPS, Social Democrats and the Liberal Party harmonized their positions and reached an enviable level of agreement.

Brajović said at the beginning of the session that the parliament paid a lot of attention to that bill.

"Through consultations, conversations, negotiations with Minister (Pavlo) Radulović, at the committees, we significantly improved the law," Brajović assessed, adding that the law is such that it attracts a lot of attention.

"We reached an agreement that they should be in the law, even though it is our constitutionally determined that all international conventions are respected and that the law must not be in a coalition with them," said Brajović.

He said that significant steps have been taken in relation to the relations between local self-governments and the state, local self-government units and the government.

"In the new solutions, we have returned the temporary facilities to the local self-government units when it comes to the prescription of urban conditions and the program of temporary facilities. Consent must be obtained, because the Ministry needs to integrate the temporary facilities with those with which the Maritime Dobro or national parks are responsible." , said Brajović.

He explained that local self-government units create and adopt urban planning projects, which was not included in the previous bill.

"We additionally defined that in all stages of adopting the regulation plan, the municipality must be consulted and that representatives of all municipalities must be represented in all those commissions," explained Brajović.

He said that the deputies of the Social Democrats will support the bill.

The debate on this topic was scheduled for Tuesday, but it was interrupted after Radulović's introductory speech, due to the harmonization of positions in the ruling coalition regarding disputed legal provisions.

Radulović said on Thursday that amendments will be prepared in order to reach a satisfactory text of the law.

"I think we have found a way to enable municipalities to participate more actively in decision-making and plan development, without violating the concept of the law," he said.

The novelties in the law refer to planning and planning documents, arrangement of construction land, building conditions, professional supervision and legalization of illegal buildings.

What is new is the abolition of construction and use permits and the introduction of the application of works with documentation prescribed by law as a condition for construction.

Instead of a use permit, the solution envisages the unification of technical inspection and professional supervision, which frees the system from duplicate controls.

The draft law includes the legalization of illegally built buildings, and in that part it is foreseen that legalization can be done only and only if the illegal building is provided for by a valid planning document or the General Regulation Plan of Montenegro.

Opposition parties and certain non-governmental organizations criticized the proposed law, demanding that it be withdrawn from the parliamentary procedure.

They believe that this legal act will lead to centralization and the abolition of the autonomy of local governments.

Nimanbegu's amendments were not accepted

At today's session of the Committee for Tourism, Agriculture, Ecology and Spatial Planning, which was held before the start of the Assembly session, amendments to the Draft Law on Spatial Planning of the Ministry of Sustainable Development and Tourism were passed, while the amendments of the representative of the Albanian coalition FORCA, Genci Nemanbegu, were not passed.

Nimanbegu's main amendment was to adopt the Plan for the General Regulation of Local Self-Governments, which was unacceptable to the Minister of Sustainable Development and Tourism, Pavle Radulović.

Committee members from the Democratic Party of Socialists (DPS) abstained when Nimanbegu's amendments were voted on.

MPs Genci Nimanbegu (Forca) and Adrijan Vuksanović (HGI) remained against the new text of the law yesterday, even after negotiations with the Minister of Sustainable Development and Tourism Pavlo Radulović and coalition partners.

Vuksanović said yesterday that he will present his final position today, after party consultations in Tivat.

According to unofficial information from "Vijesti", last night he did not give up his opposition to the centralization of spatial planning in the country, despite the insistence of the party president and minister without portfolio, Marija Vučinović.

The Green Party in the European Parliament demanded that the disputed bill be withdrawn from the procedure "until an appropriate public discussion and verification at the expert level with the European Commission is held."

"As we understand, the law takes away the decision-making on urban planning and construction of facilities from local self-governments and gives them to the Government. The proposed bill may be a clear violation of the Charter on Local Self-Governments of the Council of Europe and should be checked at the expert level, so there is no need to hurry in the Assembly with accelerated procedures", said the Green MPs.

The EU Delegation informed "Vijesti" that the compliance of the law with EU legislation and international standards will be assessed as part of the current negotiation process. "Further development of events will be contained in the report of the European Commission on Montenegro in 2018," reads the Delegation's reply. They also stated that "the presence of opposition parties in the parliamentary debate would contribute to the hearing of all positions, which is the basis for working on finding the best solution."

The withdrawal of the law from the procedure was requested from MANS and Coalition 27. The Director of the Research Center of MANS, Dejan Milovac, as he stated in the announcement, that everything that has been happening in the last few days in connection with the adoption of that law supports the suspicions that someone in the Government has a direct interest in the controversial provisions of the law taking root in practice.

"There is no doubt that there is an attempt to brutally centralize the spatial planning system, which, if such a law is adopted, will become even more susceptible to corruption, and all those who intend to devastate space in such a way will from now on have only one address - Radulović's cabinet", claims Milovac.

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