The Legislative Committee of the Parliament of Montenegro today approved, by a majority vote, the draft law amending the Law on the Maritime Domain, submitted by Members of Parliament Amer Smailović, Mehmed Zenka, Artan Çobi, Momčilo Leković and Ilir Çapuni.
The Secretary General of the Union of Municipalities of Montenegro Mišela Manojlović she reminded the Committee members that, as early as 2023, the Union of Municipalities, on behalf of the six coastal municipalities, had submitted an initiative proposing amendments to the Law on the Maritime Domain, the Law on Spatial Planning and Construction of Structures, and the Law on Ports, with the aim of returning responsibility for the management of the maritime domain to the municipalities.
She noted that, although certain circumstances have changed in the meantime due to amendments to the relevant legislation, the issue of managing the maritime domain remains unresolved. She therefore stressed that the Legislative Committee’s approval of the draft law represents an important step not only towards addressing the requests of the coastal municipalities, but also towards implementing the recommendations of the Congress of Local and Regional Authorities of the Council of Europe, which monitors the application of the European Charter of Local Self-Government in Montenegro.
Manojlović recalled that, in its 2024 Monitoring Report on the implementation of the European Charter of Local Self-Government, the Congress noted that, since 1992, the Public Enterprise for the Management of the Maritime Domain has been responsible for managing the most valuable resources of Montenegro’s coastal municipalities—the coastline and beaches. The report also highlighted that the boundaries of the maritime domain differ from one municipality to another and have a direct impact on spatial planning, taxation, and local development opportunities.
The Congress concluded that this model has resulted in the centralized management of the coastline, without adequate compensatory mechanisms for municipalities that bear the greatest burden of increased population and visitor numbers during the tourist season.
Manojlović emphasized that the Congress of Local and Regional Authorities of the Council of Europe regularly prepares reports on the state of local democracy in its member states and monitors the implementation of the European Charter of Local Self-Government. In this context, following the 2024 monitoring exercise, a Post-monitoring Report for Montenegro was also prepared and submitted to the Government of Montenegro, with its adoption expected in the near future. The report likewise recommends that local authorities be entrusted with managing a substantial share of public affairs under their own responsibility and in the interests of the local population.
Manojlović also recalled that, under the 1978 Law on the Maritime Domain, which remained in force until 1992, responsibility for managing the maritime domain rested with the coastal municipalities. Since 1992, however, a fully centralized management model has been in place. Restoring part of these responsibilities to municipalities, through a clearly defined division of competences between the central and local levels of government, would be consistent with the principles of the European Charter of Local Self-Government, the recommendations of the Congress of the Council of Europe, and the practice followed in many countries across the region.
In conclusion, Manojlović stressed that the Legislative Committee’s endorsement of the draft law represents a significant step forward and provides a solid basis for continuing the dialogue between the Government, Parliament, the coastal municipalities, and the Union of Municipalities. She expressed confidence that the ongoing legislative process would lead to a final solution based on a genuine partnership, balancing the interests of both the state and local governments, in line with European standards of local democracy.
