Municipality Sues: Permit for Livade Landfill Illegal, We're Going to Court

"This action by the Ministry and the Capital City of Podgorica not only ignores the jurisdiction of the Municipality of Tuzi, but also directly undermines the autonomy of local self-government, thus violating the constitutional and legal principles on which the system of local self-government in Montenegro is based."

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Tuzi (illustration), Photo: Shutterstock
Tuzi (illustration), Photo: Shutterstock
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

The Municipality of Tuzi has expressed concern and opposition to the Ministry of Spatial Planning, Urbanism and State Property, which issued the construction permit for the Livade landfill.

As announced by the Municipality of Tuzi, this was done "in a completely illegal manner and contrary to the fundamental principles of the legal order of our country."

"This procedure represents a clear example of disrespect for the laws of Montenegro and an inadmissible encroachment on the exclusive jurisdiction of the Municipality of Tuzi. The construction permit was issued based on the consent and notification submitted to the Ministry by the Capital City of Podgorica, although the location in question is undeniably located on the territory of the Municipality of Tuzi, a territory over which the Capital City has no legal jurisdiction," it was announced.

The Law on Territorial Organization and the Law on Local Self-Government, they add, clearly define that the exclusive jurisdiction for issuing urban planning and technical conditions, permits and complete supporting documentation for utility infrastructure and other projects on the territory of the Municipality of Tuzi belongs exclusively to the Municipality of Tuzi.

They point out that additionally, the very fact that the Livade landfill pays taxes to the Municipality of Tuzi, and not to the Capital City, confirms that the actions of the Ministry and the Capital City are legally untenable and contrary to applicable regulations.

"This action by the Ministry and the Capital City of Podgorica not only ignores the competences of the Municipality of Tuzi, but also directly undermines the autonomy of local self-government, thus violating the constitutional and legal principles on which the system of local self-government in Montenegro is based. In such circumstances, the Municipality of Tuzi is forced to protect its rights and competences guaranteed by the Constitution and law, using all available legal mechanisms."

The Municipality of Tuzi said that they will initiate proceedings before the competent courts, with a request to determine that the issued building permit is illegal and that as such it cannot produce legal effects.

"At the same time, an interim measure will be requested to suspend all work on the location in question until the final conclusion of the court proceedings. The public, competent institutions and international partners will be informed of everything, with a clear indication of the serious violation of the autonomy of local self-government. The Municipality of Tuzi will consistently and resolutely defend every part of its territory, in accordance with the law and without any compromise."

They add that they are telling the citizens of the Municipality of Tuzi that, with joint forces and in accordance with the legal order, they will "defend our municipality from illegal decisions and protect the public interest, the environment and the development prospects of our region. The Municipality of Tuzi will not allow anyone to decide on its territory and the interests of its citizens outside the law."

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