Milatović promulgates laws on internal affairs and National Security Agency, calls for further work to address remaining shortcomings

Montenegrin President Jakov Milatović has signed decrees promulgating the Law Amending the Law on Internal Affairs and the Law Amending the Law on the National Security Agency.

- This decision was guided by the intention to respect the political compromise reached between the ruling majority and the opposition, restore the full functionality of Parliament, and uphold the constructive approach welcomed by our partners in the European Union. Unblocking institutions and preserving the stability of Montenegro’s European path remain priorities from which there can be no deviation - the President’s Office said in a statement.

At the same time, the President maintains that political compromise cannot substitute for high-quality legislation. He therefore expects further work in the coming period to address all remaining shortcomings in both laws.

Regarding the Law on Internal Affairs, Milatović reiterated his firm support for a comprehensive reform of the police system and the removal of compromised personnel, stressing that such measures are fundamental to the country’s security.

- However, this process missed an opportunity to substantially improve the existing legal framework. Although the adopted amendment concerning the composition of the commission responsible for determining security-related impediments resolved the immediate political deadlock, the law retains provisions that have previously been justifiably criticised by experts, the opposition and civil society - the statement said.

According to the President’s Office, these include provisions governing the employment status of police officers, the right to defence and the presumption of innocence. Their lack of clarity, the statement noted, could create legal uncertainty in practice and expose the state budget to financial liabilities. The disputed provisions highlighted earlier by the President were not addressed in the latest amendments, meaning his previously expressed legal concerns remain unchanged.

- As for the Law on the National Security Agency, the adopted amendments represent an improvement compared with the original version of the legislation, particularly through the introduction of judicial oversight over the Agency’s access to the most sensitive data held by legal entities, including genetic and biometric data and profiling. Any strengthening of oversight mechanisms governing the security sector represents a step in the right direction - the statement said.

Nevertheless, the President’s Office stressed that the amendments do not resolve the constitutional concerns Milatović raised when he returned the law to Parliament for reconsideration.

- Appropriate judicial oversight has still not been established, or restored, over certain covert surveillance measures that significantly interfere with citizens’ right to privacy, such as the monitoring, recording and observation of individuals in public spaces. Nor have additional safeguards been introduced to prevent the arbitrary or disproportionate use of such measures - the statement added.

The President’s Office expressed the expectation that the Constitutional Court, when ruling on the submitted initiative and motion challenging the constitutionality of the Law on Internal Affairs and the Law on the National Security Agency, will take a position on the outstanding constitutional issues within a reasonable timeframe.

- The Constitutional Court’s decisions would be of particular importance for strengthening legal certainty, protecting human rights and establishing clear standards for the operation of the security sector, in line with the Constitution of Montenegro, international human rights standards and the European Union acquis - the statement said.

The President’s Office also expressed the expectation that decision-makers will, through continued inclusive dialogue, promptly address all identified systemic shortcomings and fully align the legislative framework with the principles of the rule of law and the European Union acquis.

President Milatović also signed decrees promulgating the other laws adopted by the Parliament of Montenegro on 31 July 2026.