Press release from the 91st Cabinet session

The Montenegrin Cabinet held its 91st session, chaired by Prime Minister Milojko Spajić.

The Cabinet adopted the Draft Law on Amendments to the Law on Foreigners. The adoption of this law is envisaged in the Action Plan for Negotiation Chapter 24 – Justice, Freedom and Security, as well as Chapter 2 – Freedom of Movement for Workers, with the aim of further harmonization with EU regulations. The core objective of the activities within Chapter 24 is to ensure the free movement of persons while guaranteeing their security. Chapter 2 of the EU acquis enables citizens of EU member states to work in other member states under equal conditions. Migrant workers from the EU must be treated equally to domestic workers in terms of employment conditions, social security, and tax benefits. The free movement of workers is one of the fundamental principles of the EU’s internal market. The proposed amendments introduce provisions allowing foreigners to submit requests for residence permits and combined residence and work permits electronically, via the information system managed by the Ministry of the Interior. Additionally, foreigners will be permitted to apply for extensions of temporary residence/work permits even if their travel documents have expired. The draft law also introduces facilitated procedures for regulating temporary residence for foreign workers in Montenegro’s IT sector, healthcare, and for domestic service employment based on a work contract. Further changes were made to enhance procedures for determining the status of stateless persons, following recommendations from the United Nations High Commissioner for Refugees (UNHCR) and TAIEX mission of the European Commission in 2021. These amendments aim to address procedural shortcomings observed since the process's implementation in 2018, and to clearly define the rights and obligations of individuals applying for or granted stateless status.

The Cabinet adopted the Draft Law on Unified Disability Assessment. This legislation is a key component of the broader disability assessment reform, transitioning to a human rights-based model to ensure fairer and more equal access to rights for persons with disabilities, in line with the standards of the UN Convention on the Rights of Persons with Disabilities. Currently, the assessment system is fragmented, with varying criteria across ministries, resulting in unequal treatment of children and adults with disabilities. Individuals must often undergo multiple assessments across different sectors, as a ruling from one cannot be used elsewhere. Disability status is presently regulated by five laws and 15 by-laws, causing affected individuals to repeatedly undergo assessments to access services and benefits. At the same time, over 40 commissions constitute a significant administrative burden and strain on public finances.

The new law defines unified disability assessment as a process evaluating long-term physical, mental, intellectual, and/or sensory impairments that, in interaction with various barriers, may hinder full and effective societal participation on an equal basis with others. The process will determine disability status and the level of support required for social inclusion. The reform will eliminate over 40 commissions across five sectors, and individuals, including children with developmental difficulties, will receive a single ruling applicable across all sectors. To ensure consistent application, adjustments to all relevant legal frameworks were necessary. The harmonization of laws across social and child protection, veterans’ and disability protection, pension and disability insurance, labor and employment, professional rehabilitation, and education of children with special needs ensures legal certainty and coherent implementation.

The law provides for the establishment of the Institute for Unified Disability Assessment as the central body for conducting assessments using a standardized methodology, ensuring equality, efficiency, and legal clarity. This new system will streamline procedures, reduce redundant assessments, optimize public spending, and minimize abuse risks. A central register of persons assessed through the new system will be established to enhance public policy planning, service delivery, and benefits allocation using accurate and comprehensive data. This legislation and the creation of the Institute are outlined in the 2024–2027 Reform Agenda under measure 3.1.3 – Reforming the Social and Child Protection System for more effective, efficient, and transparent use of public resources (Step 3).

The Cabinet adopted the Draft Law on Amendments to the Labor Law, aimed at aligning the Labor Law with the Draft Law on Unified Disability Assessment. In the context of the aforementioned law, unified disability assessment refers to a procedure that evaluates and/or determined the existence of a long-term physical, mental, intellectual, or sensory impairment, which, in interaction with various barriers, may hinder full and effective participation in society on an equal basis with others. This process establishes the status of a person with a disability and the degree of support required for their equal inclusion in society. Given the provisions of the new law, including the determining of disability and levels of support, it is necessary to harmonize the Labor Law accordingly – specifically in determining the degree of disability in relation to the rights provided under the law.

The Draft Law on Amendments to the Law on Vocational Rehabilitation and Employment of Persons with Disabilities was adopted. The Law on Vocational Rehabilitation and Employment of Persons with Disabilities regulates the manner and procedure for exercising the right to vocational rehabilitation, measures and incentives for the employment of persons with disabilities, methods of financing, and other matters relevant to vocational rehabilitation and employment. The amendments were introduced to align the existing law with the Draft Law on Unified Disability Assessment. Given the new concept of unified disability assessment—through which the status of a person with a disability and the degree of necessary support are determined by a specialized institution, the Institute for Disability Assessment—as a basis for exercising rights in various areas, including vocational rehabilitation and employment, it became necessary to harmonize the provisions of the law. This includes redefining who qualifies as a beneficiary under this law and ending the jurisdiction of the Employment Agency of Montenegro (in the first instance) and the Ministry of Labor, Employment and Social Dialogue (in the second instance) to decide on disability status, percentage of disability, and remaining work capacity of persons with disabilities, based on the findings, assessments, and opinions of the first- and second-instance professional rehabilitation commissions.

The Cabinet adopted the Draft Law on Amendments to the Law on Travel Concessions for Persons with Disabilities. The objective is to harmonize this law with the Draft Law of the Unified Disability Assessment, and to synchronize its implementation date with the rollout of the new system. The proposed changes will not adversely affect current beneficiaries.

The Draft Law on Amendments to the Law on Veterans and Disability Protection was also adopted. These amendments ensure alignment with the Draft Law of the Unified Disability Assessment, which is in accordance with the UN Convention on the Rights of Persons with Disabilities.

The Cabinet adopted the Draft Law on Amendments to the Law on Social and Child Protection. The proposed amendments harmonize the law with the Draft Law of the Unified Disability Assessment. Current beneficiaries of financial support, care allowances, and personal disability benefits will not be negatively affected.

The Draft Law on Amendments to the Law on Pension and Disability Insurance was adopted. The proposed amendments harmonize the law with the Draft Law of the Unified Disability Assessment. This law introduces unified criteria and procedures for disability assessment in all domains, including pensions and disability insurance. Its purpose is to ensure fair, objective, and equal assessment for all insured individuals and beneficiaries, thereby enhancing the efficiency and transparency of the process. The amendments align with Montenegro’s international obligations, particularly the shift from a medical to a functional disability model required by the UN Convention and EU recommendations.

The Government adopted the Draft Law on Amendments to the Law on Education of Children with Special Educational Needs. The proposed amendments aim to align this law with the Law on Unified Disability Assessment. With the adoption of the new Law on Unified Disability Assessment, the definition of children with special educational needs is revised. It now includes children with developmental difficulties or disabilities, as well as children with developmental challenges. In addition, the procedure for disability assessment is now regulated in a new manner, harmonized with the UN Convention on the Rights of Persons with Disabilities. Under the new law, the procedure will be carried out by the Institute for Unified Disability Assessment, replacing the previous responsibility of the local government education authorities, which, based on recommendations from commissions, had been in charge of the process. This new approach contributes to protecting and ensuring the full and equal enjoyment of human rights and fundamental freedoms by all persons with disabilities, particularly children with special educational needs. It creates the conditions necessary to overcome barriers and enable their full and unhindered participation in the community, free from discrimination and on an equal basis with others.

The Cabinet adopted the Draft Law on Amendments to the Law on Agriculture and Rural Development. The primary reasons for adopting this law are of a legal and technical nature and aim to: improve the implementation of planned activities in agriculture and rural development, align existing legal provisions, establish a new organizational approach for implementing Technical Assistance measures, collect data arising from the implementation of agricultural policy measures, improve accounting data collection on agricultural holdings, and ensure more efficient agricultural market monitoring. The proposed amendments define that tasks related to preparation, monitoring, promotion, and coordination of programmes, as well as the role of support fund beneficiary under the Technical Assistance measure, shall be carried out by the organizational unit of the Ministry responsible for managing the IPARD programme – the Directorate for Rural Development – in accordance with EU requirements, which had not been the case previously. The amendments further specify definitions of farmer, active farmer, young farmer, agricultural holding, farm holder, and agricultural activity, in accordance with EU Regulation 2021/2115. They also include detailed provisions for the FADN (Farm Accountancy Data Network) system, directly linked to Montenegro’s obligation to continuously align and establish support and payment systems in accordance with the EU Common Agricultural Policy for the 2023–2027 period. The adoption of this law stems from the need for more functional implementation of support measures in agriculture and rural development in the coming period. Since Montenegro is in the process of EU accession and, in line with obligations arising from that process, is harmonizing its legislation with that of the European Union, this law represents a step closer to alignment with the EU’s Common Agricultural Policy and an important step toward closing Negotiation Chapter 11.

The Cabinet adopted the Proposed Amendments to the Draft Law on the Legalization of Unpermitted Structures. Among other things, the proposed amendments provide for the removal of one of the general conditions for legalization—specifically, the requirement that only buildings with vehicular or pedestrian access to a public street or road may be legalized. The removal of this condition has been deemed appropriate given the large number of unpermitted structures that lack direct access to public roads due to being located on parcels with multiple, also unpermitted, buildings. This change particularly reflects the principle that the legalization process should apply to all structures that do not endanger the public interest, especially given that many are already present in the landscape, and their removal would result in significant costs and could generate social issues. The amendments also allow for the legalization of all structures located outside protected zones, regardless of whether a spatial plan has been adopted for that area. Legalization will be permitted for structures present on the ground and visible in satellite imagery. The proposed amendments also clarify the responsibilities of the competent authorities involved in the legalization process, particularly regarding mandatory site inspections, establishment and composition of commissions, format of official records, and execution of procedural actions in this complex procedure. Furthermore, the amendments define how to conduct the process for purchasing state- or municipally-owned land that has been occupied illegally, as part of the legalization process, and how to determine the area of public land that has been encroached upon and may be sold through direct negotiation, in line with the Law on State Property. Among other provisions, the proposed amendments also reduce the amount of the urban rehabilitation fee for properties such as hotels, tourist resorts with 4 or 5 stars, and tourism complexes. The previous regulation stipulated a minimum fee of €1.5 million for a structure of approximately 1,000 m², which is now reduced to a minimum of €400,000 for a building of the same size. Municipalities are granted the authority to determine the exact amount of this fee within the given range.