Montenegro’s Constitutional Court Schedules Hearing on UAE Agreement

The Constitutional Court of Montenegro has announced a public hearing regarding the constitutionality of the law ratifying the cooperation agreement in tourism and real estate development between Montenegro and the United Arab Emirates. The hearing is scheduled for December 15, 2023.

The court determined that a public discussion was necessary due to complex constitutional and legal questions raised in several initiatives, which require expert opinions in constitutional and international law. The ratified law has faced challenges on the grounds that the procedural requirements were not followed during its passage, potentially leading to adverse effects on the interests of Montenegro.

In a statement, the court emphasized its fundamental role in protecting the constitutional order, ensuring legal certainty, and upholding the rule of law. It noted the importance of aligning domestic legal frameworks with European Union standards, particularly in light of ongoing accession negotiations.

The Constitutional Court will invite experts from Montenegro and the region to share their views on the law ratifying the agreement with the UAE. Participants in the hearing will include the authors of two constitutional review initiatives, a representative from the Assembly of Montenegro as the lawmaker, and a representative from the Government of Montenegro as the signatory of the agreement.

The court’s decision assures that the discussion will be open to the public, with media allowed to broadcast it live. This initiative aims to provide citizens with insight into the judges’ inquiries and the arguments presented by both sides along with the experts’ opinions.

It is noteworthy that the Assembly of Montenegro ratified the agreement on April 23, 2023. The constitutional review initiatives were submitted to the Constitutional Court on June 23, 2023, and July 30, 2023. The Assembly has yet to respond to the claims raised in these initiatives, while the Government submitted its opinion through the Ministry of Public Works on September 5, 2023.

This public hearing marks a significant step in determining the future of this agreement, highlighting the ongoing dialogue around constitutional compliance and the broader implications for Montenegro’s legal and political landscape.