Part 7 of 14

Legal System of Montenegro and Hierarchy of Normative Acts

Romano-Germanic tradition, codification, primacy of written law

Montenegro's legal system is a complex, multi-tiered structure shaped by various historical, political and cultural factors. As a young independent state that gained sovereignty in 2006, Montenegro inherited the legal traditions of the former Yugoslavia but has also substantially modernised them in line with European standards. The legal system belongs to the continental (Romano-Germanic) legal family — the normative legal act is the primary source of law, while judicial practice plays a supplementary role and does not hold formal status as a source of law.

Historical Features of the Formation of the Legal System

1888The General Property Code was adopted — one of the most significant achievements of Montenegrin law in the 19th century

1918–2006Development within the legal systems of the Kingdom of Yugoslavia and the SFRY, including the period of socialist law

2006Independence — the beginning of large-scale legal reform and gradual departure from the Yugoslav legal heritage

2007The new Constitution laid the foundation of the modern legal system, establishing the hierarchy of normative acts

2015The Law on Arbitration was adopted based on the UNCITRAL Model Law

2006–presentOngoing harmonisation with EU acquis — approximately 78% implemented by 2025

Hierarchy of Normative Legal Acts

Constitution (2007)

Occupies the top of the hierarchy of normative legal acts. Has supreme legal force — all other normative legal acts must conform to it. Its special status is emphasised by the complex procedure for its amendment, which requires a qualified majority of votes in the Skupština or the holding of a referendum.

International Treaties

Pursuant to Article 9 of the Constitution, ratified and published international treaties form an integral part of the national legal order and take precedence over national legislation. Montenegro is a party to the European Convention on Human Rights, the ICCPR, the ICESCR and other key instruments.

Laws (constitutional, systemic and ordinary)

Adopted by the Skupština. Constitutional laws — to implement the Constitution, require a qualified majority. Systemic laws regulate the most important areas (law on courts, on state administration, etc.). Ordinary laws are passed by a simple majority. All laws must conform to the Constitution and international treaties.

Subordinate Legislation

Adopted on the basis of and in execution of laws. Includes: decrees and decisions of the President; decrees and decisions of the Government (decrees — normative in character, decisions — on specific matters); rules and instructions of ministries. Must conform to the Constitution, international treaties and laws.

Acts of Local Self-Government

Adopted within the competence of municipalities. These include municipal statutes, decisions, rules and other acts regulating matters of local significance within the framework of the law.

The Legislative Process

The right of legislative initiative belongs to the Government of Montenegro, deputies of the Skupština, and also to citizens through the mechanism of popular initiative (requiring the support of at least 6,000 voters). In practice, the majority of bills are introduced by the Government.

Introduction: The legislative initiator submits a draft law with an explanatory note, justification for its necessity and an assessment of its financial implications.

Preliminary Consideration: The Speaker of the Skupština refers the bill to the relevant committee and deputies. The Government provides an opinion on bills introduced by other initiators.

Committee Review: The relevant committee and the Legislative Committee check conformity with the Constitution and the legal system. Committees may propose amendments.

General Debate (1st reading): The Skupština conducts a general discussion of the bill and its main principles. The outcome is a decision to adopt it in the first reading or to reject it.

Article-by-Article Discussion (2nd reading): Amendments to specific articles of the bill are considered and voted upon.

Adoption and Promulgation: The law is adopted by a majority vote of deputies. The President signs and publishes it. If the President disagrees — he returns it for reconsideration (veto right).

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