Dzankic, Jelena

Edinburgh Research Explorer

     Edinburgh Research Explorer                                      Europeanise.me- Montenegro Changes its Citizenship LawCitation for published version:Dzankic, J, Europeanise.me- Montenegro Changes its Citizenship Law, 2011, Web publication/site,CITSEE.Link:Link to publication record in Edinburgh Research ExplorerDocument Version:Publisher's PDF, also known as Version of recordPublisher Rights Statement:© Dzankic, J. (Author). (2011). Europeanise.me- Montenegro Changes its Citizenship Law. CITSEE.General rightsCopyright for the publications made accessible via the Edinburgh Research Explorer is retained by the author(s)and / or other copyright owners and it is a condition of accessing these publications that users recognise andabide by the legal requirements associated with these rights.Take down policyThe University of Edinburgh has made every reasonable effort to ensure that Edinburgh Research Explorercontent complies with UK legislation. If you believe that the public display of this file breaches copyright pleasecontact openaccess@ed.ac.uk providing details, and we will remove access to the work immediately andinvestigate your claim.Download date: 05. Apr. 2019CITSEE StudiesCITSEE StoriesInterviews and DiscussionsCountry ProfilesOP-EdsNewsCITSEE TVRelated ContentPhoto ReportageCITSEE BlogAbout ProjectProject TeamWorking PapersLinksContact usHome » BlogJelena DžankićWhen Montenegro received its candidate country status in November 2010, the European Commission(EC) recommended that the country fulfil seven conditions before opening accession talks. Therequirement that topped the EC’s list was the need to adopt a new Election Law. Yet the adoption of theMontenegro changes its citizenship law | CITSEE.eu http://citsee.eu/blog/europeaniseme-–-montenegro-changes-its-citizens...1 of 4 03/03/2015 11:43new election legislation, which had been on hold since the country became independent in 2006, was acumbersome task. Since Montenegro is a divided society, it required a number of political compromises,notably on the name of the language subject in elementary education, and on the citizenship status forpeople from other republics of the former Yugoslavia. Hence, along with the adoption of the Election Lawin September 2011, the process of Europeanisation (through EU’s political conditionality) has also yieldeda change in Montenegro’s citizenship legislation, resulting in a facilitated naturalisation for citizens of theformer Yugoslav republics.According to the new article 41v, citizens of one of the republics of the former Yugoslavia who registeredresidence in Montenegro at least 5 years prior to the date of Montenegro’s declaration of independence (3June 2006) can be granted Montenegrin citizenship, provided they did not unregister their residency inMontenegro before submitting the application, and that they fulfil financial conditions and have securityclearance as stipulated in article 8, para 1, points 4, 5, 7, and 8 of the Montenegrin Citizenship Act. Inaddition, the applicant is required to deliver a written statement about his or her acceptance of the rightsand duties of Montenegrin citizenship, along with a request for admission to Montenegrin citizenship tothe Ministry of Interior.In the context of Montenegro’s citizenship regime, which is among the most restrictive in the Balkans interms of naturalisation requirements and intolerance of dual citizenship, the amendment implies thatapplicants are no longer required to obtain release from their citizenship of origin. This will facilitate thenaturalisation of a number of people from other former Yugoslav republics, who could not obtain releasefrom their citizenship of origin, either due to poorly kept registers, the consequences of the wars ofYugoslav disintegration, or who simply wanted to keep their primary citizenship. In principle, the mostrecent amendment is also a step towards tolerating dual citizenship. By submitting the statement that theyaccept the rights and duties of Montenegrin citizenship the person essentially should renounce his or hercitizenship of origin. Nevertheless, as no formal renunciation is required, naturalised individuals will beable to retain both passports. Data protection acts in other post-Yugoslav states will prevent theMontenegrin authorities from withdrawing the Montenegrin citizenship of a person who holds anotherpassport, as occurred in the case of a pro-Serb politician in March 2011.However, despite the liberalizing effect of Europeanisation on Montenegro’s citizenship legislation, alarge number of people seeking Montenegrin citizenship will remain unaffected by the new provisions.This is especially true of the Roma, who came to Montenegro during the Kosovo crisis in 1998 and 1999.For them, the problematic aspect of the new provision is that the law still requires the applicants to haveregistered ‘residence’ in Montenegro, since most of the Roma have registered with the Bureau for theCare of Refugees, which is an institution that does not grant residence status (see EUDO case law onMontenegro). Being a marginalised societal group, the majority of the Roma did not undergo the adequateprocedures required to obtain lawful residence.In order to understand why the Roma population will be largely unaffected by the new provisions fornaturalisation, it is important to reiterate that the most recent amendment to the 2008 MontenegrinCitizenship Act came as part of the package of legislative changes that the government and the oppositionagreed upon as preconditions for the adoption of the new Election Law.  It was negotiated among themajor ethnic (Montenegrin, Serb, Bosniak, Albanian, Croat) and political (DPS, SNP, Nova) players.Hence Roma were largely at the margins of this debate, as well as the Serbs from Kosovo, who registeredwith the Bureau for the Care of Refugees. The provisions adopted will mostly be of use to the peoplefrom Bosnia and Croatia who sought refuge in Montenegro in the early 1990s (who were predominantlyof Serb ethnic background), registered lawful residence, but failed to naturalise previously as they couldnot obtain release from their citizenship of origin. However, had they at any given moment unregisteredtheir residence in Montenegro so as to regulate their citizenship of origin, they would not be covered bythe scope of the amendment to the Citizenship Act.Montenegro changes its citizenship law | CITSEE.eu http://citsee.eu/blog/europeaniseme-–-montenegro-changes-its-citizens...2 of 4 03/03/2015 11:43The politicization of the citizenship issue in the context of the adoption of the Election Law reflects thesignificance of the way voting rights are regulated in Montenegro. Franchise is of utmost importance in acountry of less than half a million voters, where the electoral races of the past twenty years have had verytight outcomes. Hence, the question of whether the influx of pro-Serb voters would change the electoralresults prevented the pro-Montenegrin government from changing the citizenship legislation andpostponed the compromise on electoral legislation for almost five years. Yet, the approaching date ofpublication of the Progress Report of the EC forced the political actors to reach an agreement, which is anexample of the transformative power of Europeanisation.Blog  Montenegro  Citizenship  Electoral rights  Facilitated naturalisationUpdated on: 22 September 2011Urban Struggles: Activist Citizenship inSouth-East Europe II• Avatar  — A correct observation of thecurrent situation in Bosnia and Herzegovina.The road to a civil society in Bosnia and …‘What’s in a name?’ The Dilemmas ofRe-Naming Yugoslav Gypsies into Roma• Avatar  — I think it is very important that wedo NOT carelessly use any of the"Tsigane/Cigany" family of etymons asFarewell to our social rights? Hungariangovernments and their most vulnerable …• Avatar  — On a first-pass readingI managed to learn the following: Hungarycan't afford a welfare state, and its job marketAn interview with Chantal Mouffe• Avatar  — "Mouffe: My view is thatwhat democracy should try to do is to createthe institutions which allows for conflict - whenCITSEE1 Comment • •Jeff Robbins •  wow, they are Gluttons for Punishment if they see Southern Europe & the RECESSION that'sspreading even to Northern Europe & the damage it's done to bonds in nearly all of EU excGermany (so far...just wait). Poland is "delaying" their entry to more of Europe's "clubs" i.e.centralized-planning. UK's fiscal health is also "debt+recession" as the only major EUeconomy outside of the EuroZone. Good luck to Montenegro & especially to the PIIGS; yaneed it, no luck isn't what you need, a miracle literally with God descending & dropping "manafrom heaven" that magically wipes away the debt & unemployment is needed!   Skip to topMontenegro changes its citizenship law | CITSEE.eu http://citsee.eu/blog/europeaniseme-–-montenegro-changes-its-citizens...3 of 4 03/03/2015 11:43Tweet0Like  Disclaimer: the views expressed in this web site do not necessarily express the views of the EuropeanCommission.Montenegro changes its citizenship law | CITSEE.eu http://citsee.eu/blog/europeaniseme-–-montenegro-changes-its-citizens...4 of 4 03/03/2015 11:43

https://www.pure.ed.ac.uk/ws/files/18780104/Dzankic_Montenegro_changes_its_citizenship_law_CITSEE.pdf

Europeanise.me- Montenegro Changes its Citizenship Law

Abstract

Similar works

Full text

Available Versions

Edinburgh Research Explorer

Edinburgh Research Explorer