Constitutional Court to reconsider UAE agreement on 19 October
The Constitutional Court of Montenegro will once again consider, at a session scheduled for 19 October, initiatives seeking to initiate a review of the constitutionality of the Law Ratifying the Agreement on Cooperation in the Field of Tourism and Real Estate Development between the Government of Montenegro and the Government of the United Arab Emirates (UAE).
- The case concerns an international agreement which the applicants - Đorđe Zenović, a member of the Budva Municipal Assembly, and the NGO Centre for the Protection and Study of Birds - argue was adopted in violation of the Constitution and could have serious consequences for the interests of the state. The Government of Montenegro, on the other hand, maintains that a two-thirds majority in Parliament was not required to ratify the Agreement, citing previous Constitutional Court practice. It also argues that the Court has no jurisdiction to review the constitutionality of the substantive provisions of international agreements, but may only assess the constitutionality of the procedure by which the laws ratifying them are adopted - the Constitutional Court said.
At a session held on 16 March this year, the proposal by the reporting judge to initiate a constitutional review did not secure the required majority, as three judges voted in favour and three against initiating the proceedings (3–3).
- With the appointment of two new judges, the Constitutional Court has once again reached its full complement, creating the conditions for the case to be decided by the full seven-member bench. On 19 October, the Constitutional Court will decide whether there are constitutional and legal grounds to initiate a review of the constitutionality of the Law Ratifying the Agreement with the UAE - the Court said in a statement.
The Constitutional Court noted that one of the key constitutional issues raised by the initiatives is whether the Law ratifying the Agreement should have been adopted by a two-thirds majority in the Parliament of Montenegro, in view of the constitutional provisions governing the regulation of property rights of foreign nationals.
The judges who voted in favour of initiating the proceedings at the previous session considered that a two-thirds majority had been necessary to adopt the law because it regulates the property rights of foreign nationals. Otherwise, they argued, Parliament could adopt other international agreements by a simple majority even when they regulate matters requiring a qualified majority, such as electoral rights, which may include the regulation of issues related to dual citizenship.
- The judges who voted against initiating the proceedings, among other things, assessed that the Agreement does not regulate the property rights of foreign nationals in a manner that would require a two-thirds majority in Parliament. They also held that the Constitutional Court has no jurisdiction to review the substantive content of a law ratifying an international agreement - the Court said.
The Court also noted that it had held a public hearing on 15 December 2025, attended by the applicants, representatives of the relevant state authorities, and prominent experts in constitutional and international law from Montenegro and the wider region. The hearing was streamed live online and broadcast on two nationwide television channels, allowing the public to hear the various legal arguments on the matter directly.
The Law ratifying the Agreement on Cooperation in the Field of Tourism and Real Estate Development between the Government of Montenegro and the Government of the United Arab Emirates was adopted by the Parliament of Montenegro in a second vote on 3 June 2025, while the initiatives seeking a review of its constitutionality were submitted to the Constitutional Court on 23 June and 30 July 2025.