Montenegrin citizenship

The Institute of Citizenship in Montenegro dates back to the laws passed in 1803 by Peter I Petrovich Nyegos , which stipulated the principle of “ blood right ” for Montenegrins and Highlanders themselves (“Brjan”). In the code of 1855, these provisions were supplemented by the right of foreigners to live in Montenegro. ^[5] In 1905, the term “Montenegrin citizens” (and not “Montenegrins” and “highlanders”) was used for the first time in the first (“Nikololdanskaya”) constitution of Montenegro , adopted under Prince Nikolai I Petrovich, and provided for the possibility of free exit from citizenship upon execution obligations of military service and other duties in relation to the state and private individuals, however, the rules for acquiring citizenship were not agreed. ^[6]

As part of Yugoslavia

During its stay in Yugoslavia (successively, the Kingdom of Serbs, Croats and Slovenes , the Kingdom of Yugoslavia , the Federal People’s Republic of Yugoslavia and the Socialist Federal Republic of Yugoslavia ) Montenegro’s citizenship policy was in line with national policy.

The CCCS Citizenship Act of 1928 introduced inheritance of citizenship inherited on the paternal side. In 1945, the Law on Citizenship of the FPRY was adopted, according to which Yugoslav citizens were reckoned as persons who were citizens under the law of 1928, as well as representatives of nationalities of one of the Yugoslav republics. The law robbed immigrants of their citizenship and prohibited multiple citizenship . ^[7]

In the union republics, including the Socialist Republic of Montenegro , internal laws have been adopted that are consistent with federal law and establish republican citizenship along with federal one. Citizenship of the Union Republic was determined not by the place of birth of the child, but by the citizenship of the parents. If the parents had citizenship of different republics, the child’s citizenship was determined by agreement between them, and in case of disagreement, based on the child’s place of residence. ^[8]

In 1964, shortly after the adoption of the third constitution of the country , the provisions on the deprivation of citizenship of emigrants were removed from the SFRY Citizenship Law and a naturalization mechanism was added. It was agreed that the loss of federal citizenship entails the loss of citizenship of the Union Republic.

In 1976, after the next constitutional amendment, a mechanism was determined for acquiring citizenship of another republican citizenship by citizens of union republics. At the time of the adoption of the federal law, the Union republics had already made the corresponding amendments to the legislation. The Citizenship Act of the RFH was adopted in May 1975 and continued to be valid until 1999. ^[9]

In alliance with Serbia

The 1992 Constitution of the Federal Republic of Yugoslavia maintained a two-tier system of citizenship. ^[10] According to the 1996 Citizenship Law, the citizens of the FRY became the citizens of the FRY who had the republican citizenship of Serbia or Montenegro during the period of the FRY. Other citizens of the SFRY who permanently resided in the territory of the FRY at the time of the adoption of the constitution, could apply for citizenship in the absence of other citizenship. Naturalization implied obtaining both the citizenship of the FRY and the citizenship of the republic in whose territory the person was naturalized. ^[eleven]

In 1999, during the NATO operation against Yugoslavia, Montenegro adopted a separate citizenship law that changed the balance between federal and republican citizenship, which was seen as a step towards independence. The law provided mechanisms for obtaining Montenegrin citizenship in the absence of FRY citizenship and deprivation of citizenship upon obtaining citizenship of another republic or foreign state. ^[5] Very strict naturalization rules were introduced to prevent refugees from Bosnia and Herzegovina and Croatia from obtaining suffrage in Montenegro. ^[8]

After the overthrow of Slobodan Milosevic, the federal laws on citizenship of the FRY underwent significant changes. In particular, according to Articles 47 and 48, persons who had SFRY citizenship in the past were given the opportunity to become FRY citizens without giving up other existing citizenships - in fact, for the first time in history, multiple citizenship was allowed.

After the transformation of the FRY into the State Union of Serbia and Montenegro in 2003, a new constitution was adopted, according to article 7 of which the citizens of each union republic had electoral rights only in it. ^[12] Montenegrins living in Serbia were deprived of their voting rights in Montenegro under republican law. The distribution of electoral rights laid the foundation for a referendum on Montenegrin independence in 2006. ^[5]

Independence Period

Montenegrin citizenship was introduced by article 12 of the country's constitution , adopted in 2007. ^[13] Persons who had a second citizenship before independence, had the right to retain it; in other cases, a one-year period was provided for a choice between Montenegrin and foreign citizenship. The 2008 law also spelled out mechanisms for acquiring and losing citizenship, defined its “civilian” rather than “ethnic” nature, and kept strict requirements for naturalization. ^[one]

According to Articles 8 and 9 of the Montenegrin Citizenship Law, persons wishing to become Montenegrin citizens by naturalization are required to provide proof of renunciation of previous citizenship. Article 24 of the same law states that Montenegrins who acquire the citizenship of another country, as well as persons who have been naturalized, but who have not renounced their previous citizenship in the biennium or who hid their presence, lose Montenegrin citizenship. Section 18 of the law provides for exceptions to this rule in the event of the existence of bilateral treaties governing this issue. ^[one]

Despite the strict rules of naturalization , Montenegro is one of the few European countries (along with Austria , Malta and Cyprus ) that has a program for granting citizenship through investment (“economic citizenship”).

This norm is based on Article 12 of the Citizenship Act of 2008, according to which the Ministry of the Interior and Public Administration has the right to accept Montenegrin citizenship in a simplified manner if it is in line with the scientific, economic, cultural, sports, national and other interests of Montenegro. ^[one]

The legislative framework for the investment citizenship program was created by 2010, but after a series of scandals, in particular, the acquisition of citizenship by former Thai Prime Minister Thaksin Chinnawat , ^[14] and also under pressure from the European Union , the program was officially suspended.

In November 2018, the resumption of the program was announced. ^{[2] The} conditions for participation are an investment of 450,000 euros in the coastal region of the country or Podgorica , or 250,000 euros in the northern and central region, as well as a transfer of 100,000 euros to the state fund and payment of 15,000 euros of fees for the applicant, 10,000 each euros for each family member (up to four people) and 50,000 euros for other family members. ^[3]

According to the data for the third quarter of 2019, Montenegrin citizens had the right of free entry (without obtaining a visa or obtaining a visa upon arrival) to 123 countries of the world, including the countries of the Schengen zone , Russia , Israel and Turkey . Montenegrin passport took 45th place in the Passport Index , published by the consulting company Henley & Partners together with IATA . ^[fifteen]

• Passport of a citizen of Montenegro