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2 clusters · 3 sources · 20 days · First seen · Last updated

Montenegro judicial rulings on legal transparency

Overview

The Constitutional Court of Montenegro has struck down Article 18a of the Law on Non-Governmental Organizations, ruling it unconstitutional. The provision previously permitted authorities to deny NGO registration if an organization’s goals were deemed to conflict with the Constitution or the law.

The Court determined the law was not “sufficiently clear, precise, or predictable,” noting that it failed to specify which constitutional values or legal provisions should be used for such assessments. This ambiguity was found to allow an “unacceptably wide margin for arbitrary decision-making” by state administration bodies.

Following a challenge by the Podgorica-based NGO ‘Institute for Rule of Law’, the ruling concluded that the measure violated principles of legal certainty and the rule of law. The Court further stated that the provision constituted a “disproportionate interference with the freedom of association,” emphasizing that this right includes the ability to register even if an organization holds “minority, critical, or radical” ideas.

Entities

Montenegro · Filip Vujanović · Center for Civic Education · Institute for Rule of Law · Constitutional Court of Montenegro

Timeline

  1. 19 days ago

    [POLITICS] 3 sources
    Montenegro Constitutional Court strikes down NGO registration law

    Montenegro's Constitutional Court has overturned a law allowing the state to deny NGO registrations based on vague criteria, citing a violation of the freedom of association and the rule of law.

  2. about 1 month ago

    [POLITICS] 5 sources
    Montenegro pardons: 516 approvals since 2006 highlight lack of clear criteria

    Montenegro’s presidents have approved 516 of 2,610 pardon requests since 2006; CGO says the process lacks clear criteria, explanation duties, and transparency, covering crimes from minor to serious.

Sources

portalanalitika.me · rtnk.me · verige.net