Montenegrin nationality law
Encyclopedia
Nationality law
Nationality law is the branch of law concerned with the questions of nationality and citizenship, and how these statuses are acquired, transmitted, or lost. By custom, a state has the right to determine who its nationals and citizens are. Such determinations are usually made by custom, statutory...
of Montenegro
Montenegro
Montenegro Montenegrin: Crna Gora Црна Гора , meaning "Black Mountain") is a country located in Southeastern Europe. It has a coast on the Adriatic Sea to the south-west and is bordered by Croatia to the west, Bosnia and Herzegovina to the northwest, Serbia to the northeast and Albania to the...
. It was ratified by Parliament in 2008 and published by the Official Journal of Montenegro. It is mainly based on jus sanguinis
Jus sanguinis
Ius sanguinis is a social policy by which citizenship is not determined by place of birth, but by having a parent who are citizens of the nation...
, and does not permit multiple citizenship
Multiple citizenship
Multiple citizenship is a status in which a person is concurrently regarded as a citizen under the laws of more than one state. Multiple citizenships exist because different countries use different, and not necessarily mutually exclusive, citizenship requirements...
. There are also provisions for economic citizenship, though the government has suspended the relevant guidelines in the face of European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
concern.
Origin
The concept of citizenship in Montenegrin law can be traced back to the laws promulgated in 1803 by Petar I Petrović-NjegošPetar I Petrovic-Njegoš
Petar I Petrović Njegoš was the ruler of Montenegro, the Cetinje Episcop of the Serbian Orthodox Church and Exarch of the Serbian Orthodox Church throne. He was the most popular spiritual and military leader from the Petrović dynasty...
, which articulated the principle of jus sanguinis in reference to Crnogorac (Montenegrins) and Brdjanin (Highlanders), and then to the legal code of 1855, which reiterated the earlier principles and also granted foreigners the right to reside in Montenegro. In 1905, Nicholas I of Montenegro
Nicholas I of Montenegro
Nikola I Mirkov Petrović-Njegoš was the only king of Montenegro, reigning as king from 1910 to 1918 and as prince from 1860 to 1910. He was also a poet, notably penning "Onamo, 'namo!", a popular song from Montenegro.-Early life:Nikola was born in the village of Njeguši, the ancient home of the...
's "Statute of Montenegro" promulgated further guidelines, for the first time using the term "Montenegrin citizens" instead of "Montenegrins" and "Highlanders", and also establishing the right of renunciation of citizenship
Renunciation of citizenship
Renunciation is a voluntary act of relinquishing one's citizenship . It is the opposite of naturalization whereby a person voluntarily acquires a citizenship, and related to denaturalization where the loss of citizenship is not voluntary, but forced by a state.-Historic practices:The old common law...
after completion of military service
Military service
Military service, in its simplest sense, is service by an individual or group in an army or other militia, whether as a chosen job or as a result of an involuntary draft . Some nations require a specific amount of military service from every citizen...
. However the law did not spell out the guidelines for acquisition of citizenship.
Kingdom of Yugoslavia and Socialist Federal Republic of Yugoslavia
When Montenegro was a part of YugoslaviaYugoslavia
Yugoslavia refers to three political entities that existed successively on the western part of the Balkans during most of the 20th century....
, it had citizenship policies in common with the rest of the country. The Kingdom of Yugoslavia
Kingdom of Yugoslavia
The Kingdom of Yugoslavia was a state stretching from the Western Balkans to Central Europe which existed during the often-tumultuous interwar era of 1918–1941...
passed a formal citizenship act in 1928, establishing that citizenship would be acquired by patrilineal descent. The Socialist Federal Republic of Yugoslavia
Socialist Federal Republic of Yugoslavia
The Socialist Federal Republic of Yugoslavia was the Yugoslav state that existed from the abolition of the Yugoslav monarchy until it was dissolved in 1992 amid the Yugoslav Wars. It was a socialist state and a federation made up of six socialist republics: Bosnia and Herzegovina, Croatia,...
(SFRY) for its part passed a citizenship act in 1945, which stated that Yugoslav citizenship was held by people who were citizens under the 1928 act and people who had the ethnicity of one of the Yugoslav republics; it also deprived emigrants of their citizenship, and prohibited multiple citizenship
Multiple citizenship
Multiple citizenship is a status in which a person is concurrently regarded as a citizen under the laws of more than one state. Multiple citizenships exist because different countries use different, and not necessarily mutually exclusive, citizenship requirements...
. The constituent republics, including the Socialist Republic of Montenegro
Socialist Republic of Montenegro
Socialist Republic of Montenegro or SR Montenegro in shortened form, was a socialist state that was a constituent country in the former Socialist Federal Republic of Yugoslavia. It is a predecessor of the modern day Montenegro...
, passed their own citizenship acts, which mirrored the federal acts and provided for acquisition of citizenship of the constituent republic along with federal citizenship. Citizenship of a constituent republic came from descent rather than place of birth; in the case of two parents with citizenship of different republics, the citizenship of the child depended on agreement by the parents, or lacking such agreement, a legal determination based on the child's place of residence.
Until the breakup of Yugoslavia there were two further changes to nationality laws, each being passed soon after the adoption of a new Constitution of the Socialist Federal Republic of Yugoslavia
Constitution of the Socialist Federal Republic of Yugoslavia
The Constitution of the Socialist Federal Republic of Yugoslavia was the supreme law of S.F.R. Yugoslavia and its predecessor, the Federal People's Republic of Yugoslavia .-Federal constitutions:...
. The Citizenship Act of 1964 removed the provisions for depriving emigrants of citizenship, as well as establishing procedures for naturalisation. It also clarified the relationship that if one lost federal citizenship, then republic citizenship would be lost as well. The 1976 Citizenship Act clarified the mechanism for acquisition of citizenship of a republic by citizens of other republics. By the time the federal legislation was passed, the constituent republics had already adopted new citizenship legislation in line with the new constitution. Montenegro was the first to pass such legislation, in May 1975; it would remain in force until 1999.
Federal Republic of Yugoslavia and State Union of Serbia and Montenegro
The constitution of the Federal Republic of YugoslaviaSerbia and Montenegro
Serbia and Montenegro was a country in southeastern Europe, formed from two former republics of the Socialist Federal Republic of Yugoslavia : Serbia and Montenegro. Following the breakup of Yugoslavia, it was established in 1992 as a federation called the Federal Republic of Yugoslavia...
(FRY, comprising Serbia and Montenegro) passed in 1992 continued the two-tier structure of federal citizenship and republic citizenship. However, the actual citizenship act governing the details of acquisition of citizenship in the FRY was not passed until 1996. It automatically gave citizenship in the FRY to everyone who had republic citizenship of Serbia or of Montenegro under the SFRY. It also provided that people who held SFRY citizenship, were permanently resident on the territory of the FRY at the time of the promulgation of the constitution, and had no other citizenships could apply for FRY citizenship. However it required that they renounce their former citizenship in the process. It also stated that a person acquiring FRY citizenship by naturalisation would also acquire the citizenship of the republic on whose territory the event of naturalisation occurred.
In 1999, as the NATO bombing
1999 NATO bombing of Yugoslavia
The NATO bombing of Yugoslavia was NATO's military operation against the Federal Republic of Yugoslavia during the Kosovo War. The strikes lasted from March 24, 1999 to June 10, 1999...
intensified, Montenegro passed its own nationality law which changed the relationship between federal and republic citizenship, seen as a move to establish greater independence from the federal government. The law provided mechanisms for obtaining Montenegrin citizenship even in the absence of FRY citizenship; it also stated in Article 16 that a Montenegrin citizen who acquired citizenship of another republic or a foreign country would lose his citizenship. It also established particularly stringent criteria for naturalisation, in an effort to prevent refugees from Bosnia and Herzegovina
Bosnia and Herzegovina
Bosnia and Herzegovina , sometimes called Bosnia-Herzegovina or simply Bosnia, is a country in Southern Europe, on the Balkan Peninsula. Bordered by Croatia to the north, west and south, Serbia to the east, and Montenegro to the southeast, Bosnia and Herzegovina is almost landlocked, except for the...
and from Croatia
Croatia
Croatia , officially the Republic of Croatia , is a unitary democratic parliamentary republic in Europe at the crossroads of the Mitteleuropa, the Balkans, and the Mediterranean. Its capital and largest city is Zagreb. The country is divided into 20 counties and the city of Zagreb. Croatia covers ...
from gaining voting rights in Montenegro. However, there were significant changes to the federal citizenship laws in the aftermath of the overthrow of Slobodan Milošević; specifically, Articles 47 and 48 were modified to permit people who held SFRY citizenship to obtain FRY citizenship without giving up any other citizenship they held, thus effectively permitting multiple citizenship for the first time in the history of the nationality law. Under reformulation of the FRY as the State Union of Serbia and Montenegro in 2003, the relationship between citizenship and voting rights was further clarified; the law stated that citizens of Serbia and of Montenegro residing in the other would each have full rights, but with the specific exception of voting rights. Furthermore, Montenegrins living in Serbia had no voting rights in Montenegro either. This effectively laid the ground for the passage of the Montenegrin independence referendum, 2006
Montenegrin independence referendum, 2006
The Montenegrin independence referendum was a referendum on the independence of the Republic of Montenegro from the State Union of Serbia and Montenegro that was held on 21 May 2006.The total turnout of the referendum was 86.5%...
.
Post-independence
After Montenegro became an independent country in 2006, article 12 of the new Constitution of MontenegroConstitution of Montenegro
The current Constitution of Montenegro was ratified and adopted by the Constitutional Parliament of Montenegro on 19 October 2007 on an extraordinary session by achieving the required two-thirds supermajority of votes. The Constitution was officially proclaimed as the Constitution of Montenegro on...
passed in 2007 established Montenegrin citizenship. The Law on Implementation allowed people who had dual citizenship before independence to retain that dual citizenship. However, it did not permit people who obtained another citizenship afterwards to retain dual citizenship, instead requiring to give up one or the other citizenship within a year. However this clause was the subject of political tensions, and led to delays in the passage of a formal citizenship act. The Citizenship Act of 2008 clarified the exact mechanisms for gain and loss of citizenship. It also defined the character of citizenship in Montenegro as "civic" rather than "ethnic". It continued to impose strict requirements for naturalisation.
Economic citizenship
In addition to the rather strict mechanisms for naturalisation, Montenegro has a programme of citizenship-by-investment or economic citizenship (ekonomsko državljanstvo), allowing foreigners to be granted the citizenship of Montenegro at the discretion of the Ministry of Interior Affairs and Public AdministrationMinistry of Interior Affairs and Public Administration (Montenegro)
The Ministry of Internal Affairs and Public Administration of Montenegro is the main arm of the law in Montenegro and Ministry in the Government of Montenegro which is in charge of state security among other roles...
. Though the enabling legislation remains in place, the programme was suspended in November 2010.
Article 12 of the Citizenship Act of 2008 states that "An adult person may be granted Montenegrin citizenship if he or she does not fulfil the requirements referred to in Article 8 of this Law if it would be in the scientific, economic, cultural, sport, national, or other interest of Montenegro". In March 2010, former Prime Minister of Thailand
Prime Minister of Thailand
The Prime Minister of Thailand is the head of government of Thailand. The Prime Minister is also the chairman of the Cabinet of Thailand. The post has existed since the Revolution of 1932, when the country became a constitutional monarchy....
Thaksin Shinawatra
Thaksin Shinawatra
Thaksin Shinawatra is a Thai businessman and politician, who was Prime Minister of Thailand from 2001 to 2006, when he was overthrown in a military coup....
received citizenship under the programme due to his investments in tourism in Montenegro
Tourism in Montenegro
Montenegro is a small Mediterranean country with rich architectural and cultural heritage, diversity of landscapes and climates, and well preserved natural environment. Naturally well-suited for development of all kinds of tourism, Montenegro is focused on becoming an elite tourist destination....
which were reported to be in the range of millions of Euros, despite pending charges of corruption that had been laid against him in his home country. The move sparked public criticism, but government spokeswoman Olivera Đukanović dismissed the concerns by claiming that other countries had similar programs.
Formal guidelines for the programme were announced in mid-2010; they stated that candidates would require €500,000, of which one portion would be invested inside the country and the rest would have to be contributed to the state budget. In the light of German reports in August that Oleg Deripaska
Oleg Deripaska
Oleg Vladimirovich Deripaska is the Russian Chief executive officer of Basic Element company and a member of the Board of Directors and CEO of United Company RUSAL, a Russian aluminium industry company...
would be granted citizenship under the programme, more criticism emerged. Movement for Changes
Movement for Changes
Movement for Changes is a political party in Montenegro which has a proclaimed goal to integrate their country into the European Union and to support political and economic reforms to bring it into line with European norms...
leader Nebojša Medojević
Nebojša Medojevic
Nebojša Medojević is a politician in Montenegro. He is the president of Movement for Changes , a political party emerging from the Montenegrin NGO Group for Changes...
as well as Vanja Ćalović of NGO MANS were quoted as warning that the programme would attract gangsters and increase corruption. Budimir Aleksić of the Poslanik Nove for his part complained that the government would "sell citizenship" while leaving 60,000 residents of Montenegro stateless. Stephan Meyer
Stephan Meyer (politician)
Stephan Meyer is a German politician . He was directly elected in the election of the state parliament of Saxony to represent the constituency of Loebau-Zittau 2.- Life :...
of Germany's Christian Social Union
Christian Social Union of Bavaria
The Christian Social Union in Bavaria is a Christian democratic and conservative political party in Germany. It operates only in the state of Bavaria, while its sister party, the Christian Democratic Union , operates in the other 15 states of Germany...
also spoke out against it, and said it might threaten the recent moves to grant Montenegrin passport
Montenegrin passport
The Montenegrin passport is the primary document of international travel issued by Montenegro.The passport is issued by the Ministry of Interior or, if the citizen resides abroad, at the embassy. Besides serving as proof of identity and of citizenship, they facilitate the process of securing...
-holders visa-free travel within the Schengen Area
Schengen Area
The Schengen Area comprises the territories of twenty-five European countries that have implemented the Schengen Agreement signed in the town of Schengen, Luxembourg, in 1985...
. However others offered public praise to the programme, including Canadian ambassador to Serbia, Montenegro, and Macedonia John Morrison, who compared it to Canada's own visa policy
Visa policy of Canada
Canada's visa policy is mostly governed by the relationship these countries have with Canada. Many Commonwealth nations' citizens are exempted from the need for visas when visiting or in transit to Canada. Those countries requiring visas to enter Canada often have immigration or diplomatic issues...
, which has provisions for granting visas to investors.
Later in August, when rumours surfaced that Serbian businessman Miroslav Mišković
Miroslav Miškovic
Miroslav Mišković is a Serbian businessman, the owner of Delta Holding...
was in the process of applying for citizenship under the program, then Prime Minister
Prime Minister of Montenegro
The Prime Minister of Montenegro , is the head of the Government of Montenegro. The role of the Prime Minister is to direct the work of the Government, and to submit to the Parliament the Government's Program, including a list of proposed ministers...
Milo Đukanović denied the reports, and further stated that the process of receiving applications for economic citizenship under the new guidelines had not yet begun. Then in November 2010, the Montenegrin Ministry of Foreign Affairs
Ministry of Foreign Affairs (Montenegro)
The Ministry of Foreign Affairs in the Government of Montenegro is the foreign-affairs ministry in the Government of Montenegro.-Ministers:...
formally announced the suspension of the previous guidelines about economic citizenship. Media reports attributed this action to pressure from the European Union, though MFA spokesman Zeljko Stamatović denied it. As of January 2011, the programme remained suspended, according to a Dnevne Novine report; concerns remained that the citizenship-by-investment programme would not attract genuine investors but only people engaged in money laundering
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
and those who sought to hide from crimes committed abroad (as Montenegro does not extradite its citizens).