The Government submitted the draft law to the Parliament, and announced that the amendments were necessary to prepare the Montenegrin legal system for the implementation of European regulations after accession to the European Union.
"The law aligns with European Union regulations governing the European Account Preservation Order, thereby facilitating cross-border collection of claims in civil and commercial matters," the explanatory memorandum to the proposal states.
The proposed amendments specify the jurisdiction in enforcement proceedings. It is defined that public bailiffs conduct enforcement and security proceedings, including cases where the debtor does not have a permanent residence or registered office in Montenegro.
"The law further specifies which types of documents constitute enforcement documents. These include court decisions, notarial deeds, mortgage contracts and other documents prescribed by law. It also provides for the possibility of changing the means or subject of enforcement if it turns out that the previously chosen method does not enable the collection of the claim. The court or public bailiff will, at the creditor's proposal, be able to determine another means of enforcement in order to ensure the collection of the debt," the explanation states.
The law also defines innovations related to the institution of collateral, which will in the future be deposited in cash or other means with the consent of the creditor.
In addition, the Law also specifies the right of lien on the collateral provided.
"A special part of the amendments relates to the delivery of documents and public publication. The new regulations provide clear rules for the delivery of decisions, including personal delivery, sending by mail, but also public publication in cases where delivery is not possible in another way," the explanatory note notes.
In addition, the amendments introduce more precise deadlines for responding to objections, the possibility of settling claims in installments, as well as additional rules on the suspension of enforcement in special situations, such as the death of the debtor or the cessation of the existence of a legal entity.
Enforcement of monetary assets is also regulated in more detail.
"A ban on opening new debtor accounts while enforcement is in progress is foreseen, as well as clearer rules on blocking funds and the procedure in the event that the buyer does not pay the price offered at the public auction," the explanation states.
When it comes to the sale of real estate, the law introduces a precisely prescribed minimum value for public auctions, while the deadlines between auctions are determined by law.
"The amendments also introduce additional mechanisms for protecting debtors. Social benefits, child benefits, scholarships and other legally protected income are exempt from enforcement, while restrictions on enforcement for wages, pensions and compensation in lieu of wages are also specified," the explanation states.
A procedure for a European Account Preservation Order is also being introduced, which enables the cross-border freezing of debtors' funds in European Union member states.
"The new solutions will contribute to greater legal certainty, more efficient collection of claims and protection of the rights of all participants in the enforcement procedure," the Government claims.
As they point out, more precise rules on deadlines, delivery of decisions and public publication should reduce the possibility of abuse and delays in enforcement, while the European Account Preservation Order enables faster and more transparent debt collection in cross-border cases.
"The draft law is part of the Government's Work Program for the fourth quarter of 2026, and its consideration in the Parliament is expected during the third quarter," the explanatory statement concludes.
