Montenegro’s Constitutional Court to review the constitutionality of the agreement with the United Arab Emirates
The judges who voted against initiating the proceedings gave different reasons for opposing the proposed decision, essentially stressing that a two-thirds majority was not required to adopt the law. One of the judges stated, among other things, that the Law Ratifying the Agreement could not, by its legal form, regulate the property rights of foreign nationals, since it is a legal instrument whose purpose is to incorporate an international treaty into the domestic legal order, and that this is its sole function
Montenegro’s Constitutional Court decided at its session today to initiate proceedings to review 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. According to a statement issued by the Constitutional Court, the decision to initiate proceedings was adopted by a majority of four votes to three (4–3).
- The Constitutional Court found that there are valid grounds to question whether the Law Ratifying the Agreement with the UAE should have been adopted by a two-thirds majority in the Parliament of Montenegro, given that it ratifies an international treaty governing matters relating to the property rights of foreign nationals. In this context, the Court also took into account the fact that, according to information presented in the proceedings to date, the Agreement has not yet entered into force and does not produce legal effects for Montenegro under international law - the statement said.
The Court also noted, as it emphasised, that there are valid grounds to question whether the Agreement ensures reciprocity between the two states, as is characteristic of treaties governed by public international law.
- The initiation of proceedings does not mean that the Constitutional Court has found the challenged law to be unconstitutional. Rather, its compatibility with the Constitution will be subject to further constitutional review - the Constitutional Court stated.
The decision to initiate proceedings will be served on the participants in the case so that they may submit their views on the constitutional and legal grounds set out by the Constitutional Court in its decision.
- The judges who voted against initiating the proceedings gave different reasons for opposing the proposed decision, essentially stressing that a two-thirds majority was not required to adopt this law. One of the judges stated, among other things, that the Law Ratifying the Agreement could not, by its legal form, regulate the property rights of foreign nationals, since it is a legal instrument intended to incorporate an international treaty into the domestic legal order, and that this is its sole function - the Constitutional Court said.
The Court recalled that, at its session on 16 March, there had not been a sufficient majority in favour of the rapporteur judge’s proposal to initiate proceedings to review the constitutionality of the law. Three judges voted in favour of initiating proceedings, while three voted against (3–3).
Following the appointment of two judges, the Constitutional Court has once again been fully constituted, making it possible for the case to be decided by the full seven-member bench.
On 15 December 2025, the Constitutional Court held a public hearing in this case. In addition to the applicants and representatives of state institutions, the hearing featured opinions from Mladen Vukčević, a professor of constitutional law and former President of the Constitutional Court; constitutional law professors Đorđe Gardašević from Zagreb and Vladimir Đurić from Belgrade; Nebojša Vučinić, a professor of public international law and former judge of the European Court of Human Rights; Vladimir Čolović, a professor of private international law from Belgrade; and Maja Kostić Mandić, a professor of private international and environmental law from Podgorica.
The public hearing was broadcast live online and on two television channels with national coverage.
The Law Ratifying the Agreement was adopted by the Parliament of Montenegro on 3 June 2025, in a second vote. Applications seeking a review of its constitutionality were subsequently submitted by Đorđe Zenović, a member of the Budva Municipal Assembly, and the NGO Centre for the Protection and Study of Birds, on 23 June and 30 July 2025.