The Constitutional Court announced that the case will be reconsidered after the election of the missing judges, or even earlier if any of the judges change their position.
"In such a situation, any presentation of such a vote as a confirmation of constitutionality is not based on facts and prejudges the decision in this case. We note that the Constitutional Court has consistently pointed out on several occasions that only the full composition of the Court is a guarantee that a decision will always be made in all cases," the Constitutional Court said.
They reminded that za The proposal of the rapporteur judge to initiate a procedure for reviewing the constitutionality of the Law on Ratification of the Agreement with the Emirates was voted by two female judges and one male judge, while two female judges and one male judge voted against initiating the procedure.
"The judges who voted to initiate the proceedings believed that the Law on Ratification of the Agreement with the Emirates should have been adopted by a two-thirds majority because it regulates the property rights of foreigners, and that otherwise the Parliament could also adopt other international treaties by a simple majority, even though they regulate issues that require a qualified majority, such as electoral rights, which may include regulating the issue of dual citizenship. The judges emphasized that an international treaty has primacy over domestic laws, and therefore must be assessed from the perspective of the constitutional principles of the rule of law, unity of the legal order and legal certainty, especially taking into account that the Agreement has not yet entered into legal force and cannot produce consequences for Montenegro under international law," the Constitutional Court emphasized.
They emphasize that theon the issue of the Law on Ratification of the NATO Agreement, the judges considered that it was not the same constitutional situation, bearing in mind that it was a multilateral agreement.
SThe parties that voted against initiating the proceedings took the position that the Constitutional Court, in this specific case, is not competent to assess the material content of the Law confirming the international agreement, that the Law in question does not call into question the parliamentary majority that decided to confirm the Agreement, and that this Agreement does not call into question the property rights of foreigners that would require two-thirds support. The judges also stated that our Constitution does not recognize prior control of the assessment of constitutionality, but only subsequent control of the formal constitutionality of the law. In addition, the position was that this would reopen the issue of compliance with the Constitution of the Law on the Confirmation of the Agreement with the North Atlantic Treaty Organization (NATO), bearing in mind that it was ratified by 46 deputies, although the Constitution prescribes a two-thirds majority in the first round of voting for the use of the Montenegrin army in international forces," the Constitutional Court explained.
We remind you that the Law confirming the Agreement on Cooperation in the Field of Tourism and Real Estate Development between the Government of Montenegro and the Government of the United Arab Emirates was adopted by the Parliament of Montenegro on June 3, 2025 in a re-vote, while initiatives for the review of constitutionality were submitted to the Constitutional Court on June 23 and July 30, 2025.
This is an international agreement for which the initiators, a councilor in the Budva Municipal Assembly, Djordje Zenovic i NGO Center for Bird Protection and Research, claim that it was adopted contrary to the Constitution and that it could have serious consequences for the interests of the state, which Government of Montenegro as a signatory to the Agreement, it denies.
