Montenegrin nationality law

Source: Wikipedia, the free encyclopedia.
Montenegrin Citizenship Act
Parliament of Montenegro
Long title
  • An Act relating to Montenegrin citizenship
Enacted byGovernment of Montenegro
Status: Current legislation

Citizenship of Montenegro is the

citizenship-by-investment, though the government has suspended the relevant guidelines in the face of European Union
concern.

History

Origin

The concept of citizenship in Montenegrin law can be traced back to the laws promulgated in 1803 by Petar I Petrović-Njegoš, 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.[1] In 1905, Nicholas I of Montenegro'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 after completion of military service. However the law did not spell out the guidelines for acquisition of citizenship.[2]

Kingdom of Yugoslavia and Socialist Federal Republic of Yugoslavia

When Montenegro was a part of Yugoslavia, it had citizenship policies in common with the rest of the country. The Kingdom of Yugoslavia passed a formal citizenship act in 1928, establishing that citizenship would be acquired by patrilineal descent. The Socialist Federal Republic of Yugoslavia (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.[3] The constituent republics, including the Socialist Republic of 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.[4]

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 Yugoslavia. 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.[5] 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.[6]

Federal Republic of Yugoslavia and State Union of Serbia and Montenegro

The constitution of the Federal Republic of Yugoslavia (FRY, comprising Serbia and Montenegro) passed in 1992 continued the two-tier structure of federal citizenship and republic citizenship.[7] However, the actual citizenship act governing the details of acquisition of citizenship in the FRY was not passed until 1996. [8] 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.[9] 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.[10]

In 1999, as the

Montenegrin independence referendum, 2006.[14][15]

Post-independence

After Montenegro became an independent country in 2006, article 12 of the new Constitution of Montenegro 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.[16] 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".[17] It continued to impose strict requirements for naturalisation.[18]

Under the new nationality law, Articles 8 and 9 provide that persons applying for naturalisation in Montenegro must provide proof of having given up their previous citizenship, while Article 24 provides that Montenegrins acquiring citizenship of another country lose their Montenegrin citizenship. However, Article 18 provides exceptions from this general prohibition against multiple nationality in the case of a bilateral treaty between Montenegro and the other country of citizenship.[19] In 2012 it was reported that Montenegro and Serbia were negotiating such a treaty.[20]

Dual citizenship

Montenegro overall does not allow its citizens to hold foreign citizenship in addition to their Montenegrin citizenship.[21]

Economic citizenship

In addition to the rather strict mechanisms for

Ministry of Interior Affairs and Public Administration.[22] Though the enabling legislation remains in place, the programme was suspended in November 2010.[23]

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".[24] In March 2010, former Prime Minister of Thailand Thaksin Shinawatra received citizenship under this article due to his investments in tourism in Montenegro 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.[25] The move sparked public criticism, but government spokeswoman Olivera Đukanović dismissed the concerns by claiming that other countries had similar programs.[26]

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.

Christian Social Union also spoke out against it, and said it might threaten the recent moves to grant Montenegrin passport-holders visa-free travel within the Schengen Area.[27][26] 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, which has provisions for granting visas to investors.[28]

Later in August, when rumours surfaced that Serbian businessman

Americans living abroad who remain fully subject to U.S. taxation unless they switch citizenships.[31]

In 2019, Montenegro began taking applications for a new program of citizenship by investment. This new program is limited to two thousand successful applicants and will only run for three years maximum.[33][34] The program is limited to non-EU citizens.[35]

Visa requirement for Montenegrin citizens

  Montenegro
  Visa free access
  Visa on arrival
  eVisa
  Visa available both on arrival or online
  Visa required
Main article: Visa requirements for Montenegrin citizens

In 2015, Montenegrin citizens had visa-free or visa on arrival access to 104 countries and territories, ranking the

Visa Restrictions Index.[36]

Footnotes

  1. ^ Džankić 2010, pp. 3–4
  2. ^ Džankić 2010, p. 4
  3. ^ Džankić 2010, p. 5
  4. ^ Džankić 2010, pp. 5–6
  5. ^ Džankić 2010, p. 6
  6. ^ Džankić 2010, p. 7
  7. ^ Džankić 2010, p. 8
  8. ^ Džankić 2010, p. 9
  9. ^ Lilić, Janjic & Kovačević-Vučo 2001, p. 5
  10. ^ Lilić, Janjic & Kovačević-Vučo 2001, p. 8
  11. ^ Lilić, Janjic & Kovačević-Vučo 2001, p. 8
  12. ^ Džankić 2010, p. 10
  13. ^ Lilić, Janjic & Kovačević-Vučo 2001, pp. 6–7
  14. ^ Džankić 2010, p. 10
  15. ^ Constitutional Charter of the State Union of Serbia and Montenegro (PDF), Republic of Serbia: Ministry of Foreign Affairs, 2003, retrieved 2012-03-10
  16. ^ Džankić 2010, p. 11
  17. ^ Džankić 2010, p. 12
  18. ^ Džankić 2010, p. 13
  19. ^ UNHCR 2008, p. 5
  20. ^ "Zoran Lutovac: Dual Citizenship Agreement Will Bring Benefits", Daily News Montenegro, 2012-02-25, retrieved 2012-03-10
  21. ^ "Montenegro".
  22. ^ a b Izjava šefa Biroa za odnose s javnošću Vlade Crne Gore Olivere Đukanović povodom Odluke Vlade o otvaranju programa "ekonomsko državljanstvo", Government of Montenegro, 2010-08-10, retrieved 2011-05-12
  23. ^ a b "Crna Gora ukinula ekonomsko državljanstvo", Blic Online, 2010-11-07, retrieved 2011-05-12
  24. ^ UNHCR 2008, p. 5
  25. ^ a b "Njemačka agencija DPA objavila da je vlada ekonomsko državljanstvo pripremila za ruske oligarhe", Dnevni Novine, 2010-08-14, retrieved 2011-05-12
  26. ^ a b c Džankić 2010, p. 16
  27. ^ "Buy your way into Montenegro for half a million euros", Reuters, 2010-08-10, retrieved 2011-05-12
  28. ^ Džankić 2010, p. 17
  29. ^ "Crna Gora: Nismo dali 'ekonomsko državljanstvo' Miškoviću", Vesti, 2010-08-24, retrieved 2011-05-12
  30. ^ "Do usaglašavanja sa EU ukinuto ekonomsko državljanstvo", Cafe del Montenegro, 2010-11-08, retrieved 2011-05-12
  31. ^ a b "Montenegro economic citizenship still on hold", Daily News Montenegro, 2011-06-19, retrieved 2012-03-10
  32. ^ "Šest mjeseci od promocije vladinog programa ekonomskog državljanstva još nema najava da će početi primjena", Dnevne Novine, 2011-01-16
  33. ^ Montenegro Citizenship By Investment Program, retrieved 2020-07-06
  34. ^ Discus Holdings presents: The New European Montenegro Citizenship By Investment Program, 2019-10-07, retrieved 2020-07-06
  35. ^ How to get Montenegrin citizenship 2020, 2020-02-27, retrieved 2020-07-06
  36. ^ "Global Ranking - Visa Restriction Index 2015" (PDF). Henley & Partners. Archived from the original (PDF) on 19 August 2019. Retrieved 5 October 2015.

Bibliography

External links

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