Montenegro Constitutional Court Schedules Public Hearing on UAE Agreement

The Constitutional Court of Montenegro has announced a public hearing regarding the constitutionality of the law confirming the Agreement on Cooperation in Tourism and Real Estate Development between the Government of Montenegro and the Government of the United Arab Emirates. This hearing is slated for December 15, 2023.

The court decided to hold the hearing due to complex constitutional and legal issues raised in various initiatives and cases that necessitate expert opinions in constitutional and international law. The contested law affirms an international agreement deemed to have significant social implications. The initiatives argue that the legislative process was flawed, potentially leading to adverse consequences for Montenegro’s interests, according to the court’s statement.

Expert Opinions and Public Engagement

In its efforts to uphold constitutional order and promote legal certainty, the Constitutional Court will invite experts from Montenegro and the region to present their views on the law validating the Agreement with the UAE. Additionally, the proponents of the two initiatives challenging the law will be given a platform, along with representatives from the Assembly of Montenegro, which enacted the law, and the Government of Montenegro, which is the signatory of the agreement.

The court’s ruling emphasizes the importance of transparency, as the public hearing will be open to the media, allowing for live broadcasts. This approach aims to ensure that citizens can hear the questions posed by judges, as well as the arguments presented by both sides and the experts involved.

Background and Legislative Context

The Assembly of Montenegro passed the law confirming the Agreement on April 23, 2023. Subsequently, initiatives questioning its constitutionality were submitted to the Constitutional Court on June 23 and July 30 of the same year. Notably, the Assembly has yet to respond to the claims outlined in these initiatives, whereas the Government submitted a position from the Ministry of Public Works to the Court on September 5.

As the public hearing approaches, the focus will be on how the court balances legal interpretations with the potential impacts of the Agreement, reflecting Montenegro’s ongoing dialogue with both domestic and international stakeholders. The outcome may influence future legislative processes and the country’s alignment with European Union standards.