By EUDO CITIZENSHIP/CITSEE expert Jelena Dzankic

Following the ratification of the Council of Europe’s Convention on the Avoidance of Statelessness in Relation to State Succession a few months ago, Montenegro has recently ratified the European Convention on Nationality (ECN). In ratifying the ECN, Montenegro has placed a reservation on Article 16, which demands that renunciation or loss of another nationality shall not be a condition for the acquisition or retention of its nationality where such renunciation or loss is not possible or cannot reasonably be required. The Montenegrin reservation is a direct consequence of the country’s restrictive policy on dual citizenship. The subsequent entry into force of these conventions will reduce the risk of statelessness in Montenegro, which was one of the consequences of the disintegration of Yugoslavia. Thus, the ratification of the Council of Europe’s conventions is seen as an important development for the country’s citizenship regime in light of the process of Europeanisation.

The accession of Montenegro to these conventions has also convinced policymakers of the need to change the current citizenship regime. While the amendments of the 2008 Citizenship Act are far from representing a giant leap towards a more liberal citizenship policy, they are still significant in that they facilitate the naturalisation of the citizens of the successor states of the former Yugoslavia who have settled in Montenegro during the 1990s. The new provisions will particularly benefit those individuals who previously could not obtain release from their original citizenship due to compulsory military service. From now on, these individuals will be able to acquire Montenegrin citizenship, if they renounce the citizenship of the state of origin in a written statement.

A further change to the 2008 Citizenship Act has been made in terms of naturalisation for a particular interest of the state. The new provision of Article 12 grants the power to the President of Montenegro, the Prime Minister, or the Speaker of Parliament to propose candidates for naturalisation. Although such competence may imply that some discretionary power has been taken away from the executive, it is still the Ministry of Interior that makes the final decision on naturalisations. However, in the Montenegrin political milieu, this provision comes across as a rhetorical bridge between directly elected and representative institutions. Bearing in mind that in 2009 Montenegro naturalised the controversial former Prime Minister of Thailand, Thaksin Shinawatra, because of his planned investment in Montenegrin tourism, it is yet to be seen what effect this new provision will have in law and in practice.

Further information

Jelena Dzankic’s EUDO CITIZENSHIP country report on Montenegro

Montenegro signs the European Convention on Nationality but rejects dual citizenship (25 May 2010)