Opposition Lawmakers Challenge Climate Change Law’s Constitutionality

Opposition lawmakers in Montenegro have submitted a proposal to the Constitutional Court, seeking a review of the constitutionality and legality of Article 100 of the Climate Change Law. The opposition, consisting of representatives such as Nikola Milović, Nikola Rakočević, and Mihailo Anđušić, argue that this provision infringes upon fundamental constitutional principles, including legal certainty and the prohibition of retroactive legislation.

The contested article stipulates that emission allowances granted at no cost under a previous legal framework will become invalid as of May 1, 2026. This change is perceived as a direct violation of the rights of businesses that have legally acquired these allowances, without a clearly defined public interest or legal justification. The lawmakers assert that the Uniprom Aluminum Plant in Podgorica, which has invested in ecological reconstruction, stands to be significantly affected by this amendment.

Concerns Over Legal and Environmental Implications

Lawmakers emphasize that the selective and retroactive cancellation of emission rights poses a legal dilemma and threatens the ecological policy of Montenegro. They believe the decision could undermine the primary objective of the Emission Trading System (ETS), which is to reduce overall emissions through market mechanisms while encouraging investments in clean technologies.

In their statement, the opposition pointed out that the abrupt termination of these rights, without evident public interest, not only jeopardizes a key industrial representative of Montenegro but also risks increasing pollution levels. They warned that such a move could imperil the health of citizens in regions like Zeta and Podgorica, drawing parallels to past environmental crises experienced in Pljevlja.

The opposition also reminded stakeholders that Montenegro, as part of its European integration process and commitments under the Stabilization and Association Agreement, has established a national emissions trading system aligned with European Union legal standards and the Energy Community Secretariat’s regulations. This system has been recognized as functional and compliant with European norms.

Legal Rights and Investor Confidence at Stake

In their proposal, lawmakers noted that emission credits possess economic value and are recognized as property under the law. Therefore, their elimination would infringe upon the constitutional right to peaceful enjoyment of property, guaranteed by both the Constitution of Montenegro and Protocol 1 of the European Convention on Human Rights.

Due to the potential for irreparable harm, the opposition has called for the Constitutional Court to issue a temporary measure to suspend the implementation of Article 100 of the Climate Change Law until a final decision on its constitutionality is reached. They contend that environmental protection cannot be built on legal uncertainty, retroactivity, and selective enforcement of laws, as this approach ultimately leads to increased pollution, decreased investor confidence, and a distancing from European standards that Montenegro aspires to meet.