The speedy return of the written down proposal for NGO Matica Boke represents the final act of the government's effort to open the way for the ultimate thrust of the private property of citizens, contrary to the legal solutions of "strategic investors," said NGO Matica Boke in its statement.
The Act on Amendments to the Law on Expropriation is proposed by DPS deputies Predrag Sekulić, Marta Šćepanović, Željko Aprcović, Nikola Rakočević and Jovanka Laličić, and it was supported by the Government. Among other things, the law provides the Government with broad opportunities to declare something as public interest in order to deprive a person of property and shorten expropriation procedures; the owner of the property will be able to complain about the amount of compensation for the seized property, but it does not dispose of the expropriation procedure - and the one for which the land will be deprived of will be able to even get into possession of that property before the validity of the expropriation decision. Three years ago, the Ombudsman and the European Commission, as well as the NGO sector in Montenegro, and most of the opposition parties, pleaded against that.
"The public reminds us that this legislative proposal has divided the fate of related controversial laws three years ago, when, after the public forums and amendments of Matica Boke and Coastal NGOs, as well as the opposition deputies, withdrew from the assembly procedure. Obviously, through the adoption of the catastrophic Law on Space Planning and Construction of Facilities in the Parliamentary Assembly of Montenegro opened doors for such and similar legal and sub-legal solutions. Manipulating the attitude towards the definition of "public interest" to the extent of the investor, the formation of the Government "commission" that should determine the amount of "fair" compensation to citizens by urgent procedure, and above all the inclusion in the agenda of the Assembly without a public hearing, is enough to say what it is about," said Matica Boke.
This NGO points to the fact that by the DPS proposal it is not envisaged that the immovable property created by the expropriation user on the expropriated land after a certain period (30-50-99 years) belongs to the state of Montenegro.
"This totally undermines the 'Public Interest' Institute and opens the door to fierce and unscrupulous corruption, and erases the public, the general and the necessity of expropriation. If there is a lack of harmonization with the EU law, where it is stated that there is no EU regulation that would enable the Montenegrin law to comply with the proposed document, recalling that the EU delegation in 2015 warned of the necessity of "maintaining equilibrium and proportionality between state interests and the rights of individuals", then the consequences of this legal solution are also noticed," said Matica Boke.
They point out that the Croatian Law on Expropriation and Determination of Compensation, as an EU law, "which is largely transposed into the Montenegrin Expropriation Law, does not know any compensation other than the market, so Montenegrin lawmakers could have that standard to overcome." They point out that over the backs of citizens, the most flawed rule is the new law that provides for the possession of the exportable property without its previous payment and the validity of the resolution of the expropriation, "and the duration of court disputes related to the determination of remuneration may be prolonged to eternity."
"After the adoption of the famous Law on Spatial Planning and Construction of Facilities, in Boka and the Coastal Area, after only a few months dozens of multipurpose bricks have dredged. There is no need to have too much imagination, and to imagine what is going on our way to the motorway route, Buljarica or the Great Ulcinj beach or Valdanos, Jaz, Luštica, expects when the Law on Expropriation abolishes the remaining 'business barriers'," quoted Matica Boke emphasizing that among the proponents the controversial law two of DPS delegates are from the coast - Jovanka Laličič from Tivat and Željko Aprcović from Kotor. Matica Boke invited them to explain to citizens "personal and social" benefits of "unconstitutional succession on private property", and the Deputies in the Assembly of Montenegro to think well "before mobilizing for such a legal proposal that will have far-reaching and serious consequences."
"In order to preserve consistency in the defense of citizen's rights, Matica Boke will pass an appeal to the Constitutional Court if the motion of the expropriation law goes through the assembly procedure," concludes Matica Boke.
