Press release from the 107th Cabinet session

The Montenegrin Cabinet held its 107th session, chaired by Prime Minister Milojko Spajić. The Cabinet adopted the Draft Law on Public Bailiffs. The drafting of this law was undertaken with the aim of improving the current legislation, specifically the normative framework that regulates the status, powers, and responsibilities of public bailiffs, in order to enhance efficiency and legal certainty in enforcement proceedings. The implementation of the current Law on Public Bailiffs has revealed certain problems and shortcomings related primarily to determining disciplinary responsibility and the manner of conducting oversight over the work of public bailiffs. The main intention of the proposer is to improve the work of public bailiffs and the Chamber of Public Bailiffs, as well as to establish a clearer and more effective mechanism for oversight, thereby contributing to transparency and accountability in their operations. In this regard, special emphasis is placed on more precise regulation of disciplinary responsibility and the supervisory role of the Ministry of Justice, to eliminate previously identified legal gaps in procedures related to control and sanctioning of irregularities in the work of public bailiffs. By adopting this law, Montenegro will fulfill its obligation set out in the Action Plan for the Implementation of the Judicial Reform Strategy 2024–2027 for the period 2024–2025, defined under Strategic Objective 1 – Strengthening the independence, impartiality, and accountability of the judiciary, and Operational Objective 1.7 – Strengthening the disciplinary responsibility system of judicial professions, as well as an activity planned in the Government's 2025 Work Programme.

The Cabinet adopted the Draft Law on Amendments to the Law on the Old Royal Capital. In order to ensure uninterrupted functioning and continuity of financing for the budget unit of the Old Royal Capital Cetinje in 2026, in accordance with the Law on Budget and Fiscal Responsibility, it was necessary to amend Article 30 of the Law on the Old Royal Capital. The amendment increases the amount allocated from 0.4% to 0.5% of the projected value of Montenegro’s current budget for financing the Old Royal Capital to perform legally prescribed competencies, and reduces the portion allocated for projects from 0.6% to 0.5%. The goal of this law is to ensure regular payment of current obligations and prevent additional borrowing by the Old Royal Capital. Additionally, one of the reasons for adopting this law is the need to create conditions for the evaluation and assessment of all projects defined by the Law on the Old Royal Capital, not only those categorized as capital projects. Article 20, paragraph 2 of the Decision on the Development of the Capital Budget prescribes that projects implemented under the Law on the Old Royal Capital, as well as those funded through EU donations, are not subject to evaluation under this decision. As a result, in previous years Cetinje could not finance projects related to the preservation of cultural-historical and natural heritage or projects aimed at tourism development – projects that contribute to economic development and job creation – because they were not classified as capital investments. Therefore, it was necessary to delete Article 30, paragraph 4 of the Law on the Old Royal Capital, which permitted financing only of projects meeting the requirements of the capital budget development act.

The Cabinet adopted the Draft Law on Amendments to the Law on Misdemeanors. The drafting of these amendments was initiated because the current implementation of the law has revealed certain shortcomings and ambiguities in practice, making it necessary to clarify them through amendments. One reason for adopting the Draft Law is the need to align all provisions with the incentive measures introduced in the most recent amendments, ensuring their proper elaboration for more effective implementation in practice. The amendments also aim to fulfill obligations under Montenegro’s Reform Agenda 2024–2027, specifically Sub-area 1.1 Business Environment, Reform 1.1.5 – Reform of Inspection Services: Enhancing integrity, efficiency, and performance of inspection services and reducing the informal economy, Step 2 – Improving the legislative framework and focusing on the informal economy.

The Draft Law introduces changes including expanding the scope of misdemeanor liability, increasing the severity of imprisonment that may be imposed for misdemeanors, increasing the range of fines for individuals, responsible persons in legal entities, entrepreneurs, and legal entities, and expanding the areas (restrictive measures for preventing money laundering and terrorist financing, and insurance) for which fines set at double the maximum amount may be imposed. The Draft Law also enables inspection authorities, in exercising their powers and in order to conduct oversight smoothly, to request from a court an order to enter a residence or other premises. Additionally, it regulates execution of fines so that a fine will be considered fully paid if a person without residence or stay in Montenegro, or who is leaving the country, and is reasonably suspected of evading enforcement of the sanction, pays two-thirds of the fine immediately.

The Cabinet adopted the Draft Law on Amendments to the Law on Construction of Facilities, introducing further clarifications to certain provisions during alignment with recommendations of competent institutions.

The Cabinet adopted the Draft Law on Cross-Border Exchange of Electricity and Natural Gas, along with the Report from the Public Consultation, and adopted the National Energy and Climate Plan of Montenegro with the accompanying Public Consultation Report.

The Cabinet also reviewed the Information regarding Botun. Accordingly, it adopted conclusions providing for:

• continuous monitoring of emissions of harmful gases potentially produced by the wastewater treatment plant in Botun;
• immediate suspension of the plant’s operation if emission measurements show levels exceeding limits set by Directive IED 2010/75/EU;
• immediate initiation of remediation of the red mud basins in Botun and the hazardous waste landfill in the area of the Aluminium Plant Podgorica (KAP);
• prohibition of commissioning the Botun plant until remediation of the red mud basins in the Local Community of Botun is completed;
• preparation of amendments to the State Waste Management Plan 2025–2029 to remove provisions allowing temporary disposal of hazardous waste within Aluminium Plant Podgorica (KAP);
• construction of a sewage network and enabling connection for approximately 30% of households in Zeta (Upper Zeta area), with maintenance performed by Podgorica Water Utility Company until the establishment of the Zeta Water Utility Company;
• maintaining operational readiness of the existing wastewater treatment plant for at least two years after the Botun plant becomes operational;
• giving employment priority at the new plant to residents of Botun and the Municipality of Zeta;
• appointing as President of the Plant Management Board a representative nominated by the Municipality of Zeta;
• initiating talks with the Municipality of Zeta to establish shared ownership of the plant between the Capital City of Podgorica and the Municipality of Zeta;
• appointing to the Implementation Body for monitoring construction of the plant a representative nominated by the Municipality of Zeta;
• publishing the Contract for the construction works of the wastewater treatment system (infrastructure components 1, 2, and 3) of the project “Collection and Treatment of Wastewater in Podgorica,” dated 10 June 2022, upon obtaining third-party consent.