Press release from the 117th Cabinet session

The Montenegrin Cabinet held its 117th session, chaired by Prime Minister Milojko Spajić. The Cabinet adopted the Draft Law on Amendments to the Law on the Treatment of Juveniles in Criminal Proceedings. The proposed amendments aim to achieve the following objectives:

• Alignment with EU standards and international law - particularly with Directive (EU) 2016/800 of the European Parliament and of the Council of 16 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings, as well as General Comment No. 14 to the Convention on the Rights of the Child, in order to strengthen procedural safeguards for juveniles who are suspected and/or accused in criminal proceedings;
• Strengthening procedural protection for juveniles - more precise definition of rights and obligations during the proceedings, including the obligation to take into account the best interests of the child and the protection of dignity and integrity;
• Normative recognition of the special treatment of juveniles - ensuring that the criminal justice treatment of juveniles is legally defined as a special system of measures within the criminal justice framework.

The objective is to ensure consistent application of key principles in practice - namely the implementation of normative provisions that enable the practical application of the principles of the best interests of the child, dignity and integrity of the child in all phases of criminal proceedings. Ultimately, the aim of the proposed regulation is to increase legal certainty, protection of the rights of juveniles, and alignment of national legislation with international standards.

The Cabinet adopted the Draft Law on the Ratification of the Agreement between the Government of Montenegro and the Government of the Republic of Bulgaria on Scientific and Technological Cooperation. In order to enhance cooperation in the fields of science and technology between Montenegro and the Republic of Bulgaria, the Law will contribute to strengthening ties between the scientific research communities of the two countries, namely by connecting scientific research institutions from Montenegro and the Republic of Bulgaria that are interested in establishing and developing cooperation through the implementation of joint scientific and/or technological programmes and projects. The cooperation covered by this Agreement includes: exchange of delegations, scientists and experts; organization of joint scientific conferences and professional meetings; training and professional development of researchers, technicians and managers in science and technology; exchange of scientific and technological information; implementation of joint research projects; and other forms of mutually agreed scientific and technological cooperation. The Law will promote cooperation between researchers and research institutions in Montenegro and the Republic of Bulgaria through joint research projects in agreed priority areas of cooperation, while also enabling Montenegrin researchers to further develop their research work in centres and institutes in the Republic of Bulgaria, as one of the member states of the European Union, to use modern technologies and laboratories, exchange knowledge and experience through joint research projects, and provide opportunities for the training and professional development of master's and doctoral students.

The Cabinet adopted the Draft Law on Amendments to the Law on the Comparability of Fees Related to Consumer Payment Accounts, Payment Account Switching and Payment Accounts with Basic Features, together with the Report from the Public Consultation. In Montenegro, since 9 January 2023, the Law regulating this area has been applied, with the regulatory framework fully aligned with Directive 2014/92/EU on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (Payment Accounts Directive - PAD). This Law regulates the rights and obligations of consumers and payment service providers in relation to payment accounts, particularly regarding the comparability of fees for services related to payment accounts, facilitating the switching of consumer payment accounts from one credit institution to another, and ensuring access to payment accounts with basic features for consumers. During the practical implementation of the existing Law, certain shortcomings were identified which reduced the expected positive effects of its application, hindered the consistent implementation of provisions and limited consumer rights, which have now been improved through the proposed amendments. As emphasized during the discussion, in the current economic situation, characterized by evident inflationary trends, this Law could contribute to greater transparency and a reduction of costs associated with maintaining transaction accounts, particularly for vulnerable categories of users - individuals, some of whom do not use banking services to the expected extent, primarily due to costs. By adopting the proposed amendments, the initially expected positive effects of this Law would be strengthened, access to payment accounts with basic services would be expanded for payment service users, and transparency in its implementation would be increased, particularly for the category of the so-called "vulnerable groups," which represents an important incentive in the current socio-economic situation.

The Cabinet adopted the Draft Law on the Protection of Competition. The adoption of the new law aims to further harmonize national legislation with the acquis communautaire of the European Union in the field of competition protection, particularly with Directive (EU) 2019/1 on empowering the competition authorities of the Member States to be more effective enforcers of competition rules and ensuring the proper functioning of the internal market (ECN+ Directive), as well as with the rules laid down in Council Regulation (EC) No. 1/2003 on the implementation of the competition rules laid down in Articles 101 and 102 of the Treaty on the Functioning of the European Union. The ECN+ Directive particularly emphasizes the need for national competition authorities to have adequate powers, institutional independence, and sufficient financial, human and technical resources in order to effectively enforce competition rules. In this regard, the new law further strengthens the competences of the Agency for the Protection of Competition, enhances investigative powers, regulates the system of procedural guarantees in proceedings before the Agency, and establishes mechanisms for cooperation with the European Commission and competition authorities of EU Member States. At the same time, the Law more precisely regulates the system of sanctions for competition infringements, including the possibility of imposing fines of up to 10% of the total worldwide annual turnover of the market participant, thereby further aligning the national sanctions system with the standards of EU law. Improving the legislative framework in this area is of particular importance in the context of Montenegro's European integration, as competition policy represents one of the key elements of the functioning of the European Union's internal market. The Cabinet adopted the Draft Law on Market Surveillance of Products. The main reason for adopting this law is the legal reform at the EU level, whereby Regulation (EU) 2019/1020 replaced and repealed Regulation (EC) No. 765/2008 in the part relating to product market surveillance. Regulation (EU) 2019/1020 represents the primary source of provisions of the new law, but not the only one, as the proposed law also incorporates the application of Regulation (EU) 2019/515 on the mutual recognition of goods, Decision (EC) No. 768/2008 on a common framework for the marketing of products, Directive 2001/95/EC on general product safety, as well as Montenegrin national rules that complement European rules and are not contrary to the principles and rules of EU law. In this regard, the law prescribes the appropriate application of these legal sources for regulations that have already transposed or are yet to transpose the provisions of the aforementioned EU legal acts.

The Cabinet approved the use of part of the funds from the Current Budget Reserve for 2026, for assistance to legal entities to finance their activities, and to natural persons for medical treatment, education, improvement of material conditions, and remediation of damage caused by natural disasters, in the total amount of up to EUR 400,000. In accordance with the adopted conclusions, based on submitted requests and relevant documentation, these funds will be allocated to the Commission for the Allocation of Part of the Budget Reserve Funds in the amount of up to EUR 200,000, and to the Commission for the Assessment of Damage from Natural Disasters in the amount of up to EUR 200,000.