Administrative Court declared itself incompetent for lawsuits filed by a group of citizens from the NGOs MANS, Forum 2010 and Green Home, seeking annulment of the Concession Act for the Moraca hydropower project and the Prequalification tender for the same.
Since the Concession act cannot even be reviewed by the Constitutional Court, because it does not have the status of an administrative legal act and was not published in the Official Gazette, in this way the public is actually denied the right to a trial, while the government is allowed to continue violating the law in a project that may have far-reaching adverse consequences for future generations.
The Government has drastically violated the Law on Concessions in the implementation of concession procedures, and the whole process to date regarding the construction of hydroelectric plants on the Moraca River fuels suspicions that there is an intention to close a deal with Italian partners at any price, which will primarily benefit the future concessionaire.
On the other hand, not only that citizens will not have cheaper electricity if the power plants are built, but the Government has even planned that the citizens will actually provide substantial part of the financing for the project.
Regardless of the latest developments before the Montenegrin court, NGO MANS, Forum 2010 and Green Home will continue the legal battle against harmful approach to and models of development of dams on Moraca, which have been agreed behind closed doors and contrary to state interests.
These three organizations will enhance efforts to inform the international community, so that they are fully abreast the project that is harmful to the environment and the potential corruptive elements, and a great encouragement in this regard gives us the European Parliament Resolution on Montenegro adopted last week.
By means of this Resolution, the Montenegrin authorities have been warned that large dams often have a negative impact on the environment, and that they must ensure transparency and include the whole public and civil sector in the process, before making decisions related to their construction.
Unfortunately, the Government has not endorsed the recommendations of European officials in this regard, and the tender for the Moraca dams project, in which public and NGO comments have not been duly considered, is being continued without any change.
MANS, Forum 2010 and Green Home, therefore, invite the Chief State Prosecutor to get involved in the story about the building of hydropower plants on the Moraca and, if the Government persists in its intention to conclude a contract with the future concessionaire, file a request for judicial review in order to preserve the public interest.
Group of citisens:
Dejan Milovac and Ines Mrdović (MANS),
Žarko Rakčević and Dejan Mijović (Forum 2010),
Darko Pajović and Jelena Marojević (Green Home).
