Changes from report parliamentary committee draft to plenary report

Added12. Expresses its concern about attempts to amend the law on Montenegrin citizenship in the Montenegrin Parliament, which could have serious and long-term implications for the country’s decision-making processes and identity, while emphasising that any discussions on identity politics must be handled with the utmost sensitivity to avoid further polarisation and should aim for broad societal consensus; encourages the Montenegrin authorities to consult and coordinate with the EU on any possible changes to the law on citizenship and stresses the importance of achieving consensus on any matters relating to this subject of crucial importance for the identity and independence of Montenegro;

Removed10. Calls on the Montenegrin authorities to establish a single nationwide municipal election day to enhance governance efficiency, reduce political tensions and strengthen the stability and effectiveness of municipal and state institutions;

Added13. Strongly encourages the Montenegrin Parliament to hold inclusive and transparent public consultations and regular and meaningful engagement with civil society in decision-making from an early stage in the legislative process, notably for key legislation in the EU reform process; encourages a more active role for the Montenegrin Parliamentary Women’s Club;

Removed11. Underlines the importance of a professional, merit-based and transparent civil service; calls on Montenegro to amend and implement the relevant legislation;

Added14. Calls on Montenegro to fully align its electoral legal framework with EU standards, notably as regards harmonising electoral legislation, voting and candidacy rights restrictions, transparency, dispute resolution mechanisms, campaign and media oversight, and political party and election campaign financing, and to implement the recommendations of the Organization for Security and Co-operation in Europe’s Office for Democratic Institutions and Human Rights; urges Montenegro to increase transparency and control of political party spending and prevent the abuse of state resources by bringing the relevant legislation into line with EU standards, as well as enhancing the enforcement of third-party financing rules and strengthening sanctions for violations; highlights the role of the Agency for Prevention of Corruption (APC) in this regard, and calls for increased cooperation between the APC and financial intelligence authorities to detect and prevent foreign influence in political campaigns; calls, furthermore, on Montenegro to implement the recommendations of the UN Committee on the Elimination of Discrimination against Women (CEDAW) on gender parity on electoral lists;

Removed12. Welcomes Montenegro’s inclusion in the Commission’s 2024 Rule of Law Report;

Added15. Reiterates its call on the Montenegrin authorities to establish a single nationwide municipal election day, as provided for in the Law on Local Self-Government, in order to enhance governance efficiency, reduce political tensions and strengthen the stability and effectiveness of municipal and state institutions; recalls that future disbursement of funds under the Reform and Growth Facility is contingent on the fulfilment of this reform, in line with Montenegro’s commitments in its reform agenda, and should be pursued as a matter of priority; welcomes the fact that, in 2022, elections in 14 municipalities were held on the same day; calls for a robust legislative framework in this regard; is concerned by the misconduct of the electoral process in the municipality of Šavnik;

Removed13. Welcomes the progress made in implementing key judicial reforms, adopting a new strategic framework and completing long-outstanding judicial appointments;

Added16. Calls on the Montenegrin authorities to adopt the Law on Government that should enable an improved governance framework and the optimisation of public administration;

Removed14. Urges Montenegro to further align its legal framework, including the constitution, with EU laws and standards on the independence, accountability, impartiality, integrity and professionalism of the judiciary, implement outstanding international recommendations, and determine criteria for the retirement of judges and prosecutors in line with European standards;

Added17. Underlines the importance of a professional, merit-based, transparent and depoliticised civil service; calls on Montenegro to amend and implement the relevant legislation to provide a framework for the professionalisation, optimisation and rationalisation of state administration, including procedural safeguards against politically motivated decisions on appointments and dismissals, as well as high standards for managerial positions; regrets the lack of significant progress in adopting and effectively implementing such legislation and highlights that this allows for public service recruitment to remain subject to political influence;

Removed15. Notes the steps taken in the fight against corruption, including new laws and provisions on the protection of whistle-blowers; encourages Montenegro to further align with the EU acquis and EU standards and address recommendations by the Commission, the Venice Commission and GRECO;

Added18. Welcomes Montenegro’s inclusion in the Commission’s 2024 Rule of Law Report; notes, with concern, the identified deficiencies, including judicial appointments and the independence of the prosecutor’s office;

Removed16. Notes the work of the Agency for the Prevention of Corruption and calls for it to be provided with sufficient funding; calls for a stronger corruption prevention framework;

Added19. Welcomes the progress made in implementing key judicial reforms, adopting a new strategic framework and completing long-outstanding judicial appointments; calls on Montenegro to fill the remaining high-level judicial positions;

Removed17. Urges Montenegro to align its weapons legislation with EU law and international standards; is appalled by the tragic mass shooting in Cetinje and express its condolences to the victims’ families;

Added20. Urges Montenegro to further align its legal framework, including the constitution, in particular on the composition and decision-making process of the Judicial Council, with EU laws and standards on the independence, accountability, impartiality, integrity and professionalism of the judiciary, and to further depoliticise appointments to bolster independence, implement outstanding international recommendations, and determine criteria for the retirement of judges and prosecutors in line with European standards and in full compliance with the Constitution; regrets the pending case backlog and calls on Montenegro to take measures to reduce the duration of legal proceedings, particularly for serious and organised crime cases, notably on money laundering; recommends that Montenegro adopt the amendments to the Constitution in the final stage of the country’s EU accession negotiations;

Removed18. Calls on Montenegro to fully align its visa policy with that of the EU, especially as regards countries posing security risks;

Added21. Notes the steps taken in the fight against corruption, including new laws and provisions on the protection of whistleblowers, the creation of a new National Council for the fight against corruption and a new anti-corruption strategy for 2024-2028; encourages Montenegro to further align with the EU acquis and EU standards and address recommendations by the Commission, the Venice Commission and the Group of States against Corruption (GRECO); encourages the Montenegrin authorities to continue addressing existing deficiencies in the handling of organised crime cases and the seizure and confiscation of criminal assets;

Added22. Urges Montenegro to step up its criminal justice response to high-level corruption, including by strengthening the effective enforcement of existing criminal legislation and imposing effective and deterrent penalties, and to create conditions for judicial institutions and independent bodies dealing with corruption to function effectively, free from political influence;

Added23. Notes the work of the Agency for Prevention of Corruption and calls for it to be provided with sufficient funding and for it to be depoliticised; expects the Agency to deliver tangible results and act non-selectively to strengthen its integrity and enhance its authority in carrying out its competences effectively; calls for a stronger corruption prevention framework;

Added24. Urges Montenegro to align its weapons legislation with EU law and international standards, particularly as regards technical standards for firearm markings, deactivation procedures and regulations for alarm and signal weapons, as well as to establish a standardised and effective data collection and reporting system for firearms; is appalled by the tragic mass shooting in Cetinje and expresses its condolences to the victims’ families; expresses its concern over the exploitation of this tragedy for disinformation and ethnic polarisation; urges Montenegro to strengthen its crisis communication to counter disinformation and ensure responsible media reporting in the aftermath of violent incidents; calls for systematic actions in the areas of security, mental well-being and institutional transparency, as well as in civic education and public awareness, outreach and educational initiatives, on the dangers and risks of firearms, in line with citizens’ expectations and societal needs;

Added25. Calls on Montenegro to urgently fully align its visa policy with that of the EU, especially as regards countries posing irregular migration or security risks to the EU; expresses its concern that, contrary to expectations, two additional countries have been added to the visa-free regime and that Russian and Belarusian passport holders continue to benefit from a visa-free regime; notes that the harmonisation of the visa policy is also provided for in Montenegro’s reform agenda under the Reform and Growth Facility;

Added26. Welcomes the ongoing cooperation between Montenegro and the European Border and Coast Guard Agency (Frontex), Europol, Eurojust and the European Union Agency for Law Enforcement Training (CEPOL), and notes the importance of this cooperation in tackling cross-border crime, including the trafficking of weapons, drugs and human beings, and in combating terrorism and extremism; welcomes the entry into force of the upgraded agreement on operational cooperation in border management with Frontex on 1 July 2023 and encourages further cooperation between Montenegro and Frontex to strengthen border management, support asylum procedures, fight smuggling and enhance readmission;

Fundamental freedoms and human rights

Change 7

Changed19.27. Regrets that the most vulnerable groups in society still face discrimination; calls on Montenegro to adopt a new anti-discrimination law and relevant strategies, through an inclusive, transparent and meaningful process that actively involves those most affected, to improve vulnerable groups’ access to rights; underlines that respect for the rights of all national minorities is an integral part of the EU acquis; calls for stronger implementation to ensure equal treatment of all ethnic, religious, national and social groups so that they are guaranteed equal rights and opportunities and can fully participate in social, political and economic life;

Change 8

Removed20. Condemns all hate speech and hate crimes; welcomes the criminalisation of racism and hate speech;

Added28. Welcomes Montenegro’s multi-ethnic identity and calls for the further promotion of and respect for the languages, cultural heritage and traditions of local communities and national minorities, as this is closely intertwined with Montenegro’s European perspective;

Removed21. Calls on the Montenegrin authorities to address the gender pay gap, improve women’s participation in decision-making and combat gender stereotypes; is deeply concerned by the high rates of gender-based violence;

Added29. Underlines the multi-ethnic identity of the Bay of Kotor; stresses that Montenegro’s European perspective is closely intertwined with the protection of minorities and their cultural heritage; calls on the Montenegrin authorities to nurture the multi-ethnic nature of the state, including the traditions and cultural heritage of the Croatian community in the Bay of Kotor;

Removed22. Welcomes Montenegro’s new media laws and its strategy for media policy; insists on a zero-tolerance policy with regard to pressure on or harassment of journalists, including by public figures; underlines the need for effective follow-up of past cases;

Added30. Expresses its grave concern over the endangered heritage sites in Montenegro such as the Bay of Kotor and Sveti Stefan; stresses that Sveti Stefan, along with Miločer Park, was listed among the ‘7 Most Endangered heritage sites in Europe’ for 2023;

Removed23. Regrets the prevailing high level of polarisation in the media and its vulnerability to political and foreign influence; calls on the Montenegrin authorities to ensure the editorial, institutional and financial independence of the public service broadcaster; calls on all media entities to comply with legal requirements on public funding transparency;

Added31. Calls on the Montenegrin authorities to address the difficult living conditions of Roma people in Montenegro and the discrimination they face, and calls for more measures to promote intercultural understanding in schools; calls on the Montenegrin authorities to also take measures to improve the climate of societal inclusion for LGBTI persons;

Removed24. Welcomes the publication of the 2023 population census results; encourages stakeholders to use them in a non-discriminatory manner;

Added32. Welcomes that Montenegro has aligned its legislative and institutional framework with the EU acquis and international human rights standards regarding compliance with the UN Convention on the Rights of the Child and its optional protocols; urges the authorities to address shortcomings in implementation, namely related to accountability and monitoring;

Removed25. Calls for the Council for Cooperation between the Government and NGOs to resume work;

Added33. Calls for the effective implementation of strategies to uphold the rights of persons with disabilities across all sectors and policies;

RemovedReconciliation and good neighbourly relations

Added34. Condemns all hate speech, including online and gender-based hate speech, and hate crimes; welcomes the criminalisation of racism and hate speech;

Removed26. Recalls that good neighbourly relations and regional cooperation are essential elements of the enlargement process; commends Montenegro’s active involvement in regional cooperation initiatives;

Added35. Emphasises the need to strengthen institutional mechanisms for gender quality and calls on the Montenegrin authorities to address the gender pay gap, to improve women’s participation in decision-making – in both the public domain, particularly public administration, and judicial and security sectors, and in business – to ensure the increased political participation of women, to introduce gender responsive budgeting, and to combat gender stereotypes and strengthen efforts to combat discrimination against women, particularly in rural areas; welcomes recent efforts aimed at boosting women’s representation in science, technology, engineering and mathematics (STEM) and encourages further efforts in technology sectors;

Removed27. Regrets that Chapter 31 could not be closed in December 2024; calls on all engaged parties to find solutions to outstanding bilateral issues and prioritise the future interests of citizens in the Western Balkans; recalls that using unresolved bilateral and regional disputes to block candidate countries’ accession processes should be avoided;

Added36. Is deeply concerned by the high rates of gender-based violence, including domestic violence and femicide; calls on Montenegro to fully align its definitions of gender-based violence and domestic violence with the Istanbul Convention, and with recommendations of international bodies, and to set up effective protection and prevention mechanisms and support centres, and ensure effective judicial follow-up for victims of domestic and sexual violence as well as a more robust penal policy towards perpetrators; calls for the collection of disaggregated data on gender-based violence and gender disparities to improve policy responses;

Removed28. Encourages Montenegro to apply a proactive approach to handling war crimes cases and ensure access to justice and reparations for victims;

Added37. Regrets that the draft law on legal gender recognition was not adopted in 2024, despite it being a measure under Montenegro’s EU accession programme; urges Montenegro to adopt the law without delay;

RemovedSocioeconomic reforms

Added38. Welcomes Montenegro’s new media laws and its strategy for media policy aimed at strengthening the legal framework to effectively protect journalists and other media workers; insists on a zero-tolerance policy with regard to pressure on, harassment of, or violence against journalists, particularly by public figures; underlines the need for effective investigations, the prosecution of all instances of hate speech, smear campaigns and strategic lawsuits against journalists, and follow-up of past cases; stresses the need to ensure journalists’ rights to access information and maintain a critical stance; notes a significant improvement in Montenegro’s press freedom, demonstrated by its progress on the World Press Freedom Index;

Removed29. Welcomes Montenegro’s inclusion in SEPA payment schemes, lowering costs for citizens and businesses;

Added39. Expresses its concern over cases where journalists, academics and civil society organisations have faced pressure for exercising free speech, including instances where the police have initiated misdemeanour proceedings against them; is concerned by the use of strategic lawsuits against public participation (SLAPPs) to target journalists;

Removed30. Welcomes the Growth Plan for the Western Balkans and the Reform and Growth Facility for the Western Balkans; welcomes Montenegro’s adoption of a reform agenda and encourages its full implementation; stresses the importance of inclusive stakeholder consultations in the design, implementation, monitoring and evaluation phases;

Added40. Regrets the prevailing high level of polarisation in the media and its vulnerability to political interests and foreign influence as well as foreign and domestic disinformation campaigns that spread narratives that negatively impact democratic processes in the country and endanger Montenegro’s European perspective; calls on Montenegro to further develop improved media literacy programmes and include them as a core subject in education; calls on the Montenegrin authorities to ensure the editorial, institutional and financial independence of the public service broadcaster RTCG, as well as the legality of the appointment of its management and full respect for court rulings concerning RTCG; recalls that it needs to comply with the law and the highest standards of accountability and integrity; regrets that the independence of public media is being weakened and undermined; calls on all media entities to comply with legal requirements on public funding transparency;

Removed31. Encourages Montenegro to make best use of all EU funding and further align its legislation with the EU on fraud prevention; recalls the conditionality of EU funding;

Added41. Welcomes the publication of the 2023 population census results; calls on the authorities to avoid any politicisation of the process; encourages stakeholders to use these results in a non-discriminatory manner;

Removed32. Positively notes Montenegro’s economic growth; calls for more steps to reduce the budget deficit and public debt, and to further remove indirect tax exemptions that do not align with the EU acquis;

Added42. Welcomes Montenegro’s vibrant and constructive civil society and underlines its importance in fostering democracy and pluralism and in promoting good governance and social progress; expresses its concern over the shrinking space for civil society organisations with a critical stance, and condemns all smear campaigns, intimidation and attacks against civil society organisations, notably by political figures in the context of proposals for a ‘foreign agent law’; notes that such laws have the potential to undermine fundamental freedoms and the functioning of civil society and are inconsistent with EU values and standards; calls for a supportive legal framework and clear and fair selection criteria in relation to public funding; calls for the Council for Cooperation between the Government and non-governmental organisations to resume work; underlines the importance of building collaborative relationships and genuinely consulting civil society on draft legislation from an early stage onwards;

Removed33. Encourages the Montenegrin authorities to boost the digital transformation and pursue evidence-based labour market policies;

AddedReconciliation, good neighbourly relations and regional cooperation

Removed34. Calls for more transparency in public procurement, notably for procedures via intergovernmental agreements, and for full compliance with EU rules and principles;

Added43. Recalls that good neighbourly relations and regional cooperation are essential elements of the enlargement process; commends Montenegro’s active involvement in regional cooperation initiatives; recalls that good neighbourly relations are key for advancing in the accession process;