Legal Aspects of Doing business in Montenegro 2011
(Legal Aspects of Doing Business in Montenegro, Second Edition – Juris Publishing, 2011 – Montenegro Chapter by IKRP Rokas & Partners and D. Radinovic Law Firm)
Montenegro is a relatively new Mediterranean country, which declared
independence from the state union with the Republic of Serbia on 3 June 2006.
It is spread over 13,812 square kilometers and has approximately 670,000
inhabitants. Montenegro is located in the southern region of the European
continent and at the southwestern part of the Balkan Peninsula.
Montenegro’s land borders are 614 square kilometers long; the longest border is
with Bosnia and Herzegovina and the shortest with Croatia. Montenegro also
has borders with Serbia and Albania. Almost half the length of its borders is
along the Adriatic seacoast. The Constitution of Montenegro was adopted in
October 2007. It provides an ecological state of social justice based on the rule
of law.
Montenegro has adopted the principle of division of powers into the legislative,
executive, and judicial branches. The Assembly of Montenegro implements the
legislative power, the government exercises the executive power, and the courts
execute the judicial power. The President of Montenegro represents the country
both domestically and abroad.
The executive, judicial, and any other power is limited by the Constitution and
the law. All laws have to be in accordance with the Constitution and ratified
international agreements. International conventions ratified by the Assembly of
Montenegro become an integral part of the internal legal system; if there is a
conflict between an international convention and a Montenegrin law, the former
will prevail.
The Constitution prohibits direct or indirect discrimination of any kind and
regulates that all the residents of Montenegro are equal under the law, regardless
of any peculiarity or personal characteristic. The Constitution prescribes that any
action is allowed unless prohibited by the Constitution or by law.
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