"Namely, these are "remaining students" who study according to the 3+2 model, and who have achieved at least 60 ECTS out of the total of 120 ECTS planned for master's studies. This request is justified and legally based, especially considering the specificity of their profession, which is in short supply and badly needed on the labor market," explains Kaluđerović.
She recalls that the transitional provisions in Article 172 of the new Law must be interpreted in favor of those to whom they apply.
"Specifically, this norm clearly stipulates that a student has the right, at his or her own request, to receive a diploma of postgraduate specialist studies if he or she has achieved at least 60 ECTS in master's studies," said Kaluđerović.
Despite this, she claims, some faculties are trying to introduce additional restrictions that are not recognized by the law through arbitrary interpretations.
"Nowhere is it stipulated that a student must have "cleared" the first year of master's studies, nor that 60 ECTS must be achieved according to a certain exam structure. The only condition is clear - a total of 60 ECTS achieved out of the planned 120," Kaluđerović points out.
This interpretation of the application of Article 172, in her opinion, raises the issue of legal certainty in the Montenegrin education system.
"Therefore, the problem goes beyond the academic framework and becomes systemic: if clear legal norms can be arbitrarily narrowed, trust in the legal order is undermined," Kaluđerović points out.
CCE emphasizes that the students of the Faculty of Arts are not asking for privileges, but for the consistent application of the law, which applies to all students enrolled in 120 ECTS master's programs before the new law enters into force.
"That is precisely why Article 172 was introduced to protect "students caught in the middle" and enable them a fair transition, with recognition of the 240 ECTS already acquired, which in practice is a key condition for access to the labor market," adds Kaluđerović.
The legislator's intention, she says, was to make the situation of these students easier, not harder.
"While the law is in force, its purpose must be respected. If there are dilemmas about the quality of the normative solution, the only correct way is to amend the law, not administratively restrict rights," said Kaluđerović.
Otherwise, she concludes, the state exposes itself to potential legal and financial consequences, including possible lawsuits for discrimination due to unequal application of the law by higher education institutions.
