The adoption of the Decree which provides specific charges for fuel, the Government of Montenegro has exceeded its constitutional powers and exposed duties not prescribed by any law. Because of that at the beginning of the week MANS will submit to the Constitutional Court the initiative to review the constitutionality of the disputed Government’s Decree.
Specifically, Article 142 of the Constitution of Montenegro stipulates that “taxes and other duties can be imposed only by law “and since the compensation for building the highway and representative sport represents public revenue, or revenue for the budget, it is clear that it could only be introduced by adopting a special law that should have to be verified by the Parliament.
Instead, the obligation to pay these fee has been made as unilateral Decree of the Government of Montenegro in order to as much as possible limit public discussion on this issue and completely avoid checking justification of such decisions in the Montenegrin Parliament.
In addition, by this contentious Government’s Decree is stipulated that it should take effect on the date of its publication, which is contrary to the constitutional principle that the law, other regulation or general act should take effect on the eighth day from the publication date, and just when there are extreme reasons set out in procedure, law and other regulation may take effect on the day of their publication. As such reasons are not presented in the the process of enactment of this Act, nor reasons for such unconstitutional introduction of duties on an accelerated basis could be stated, it follows that the Government bringing the controversial Decree violated and mentioned constitutional principle.
This way of making decisions that directly affect the quality of life of citizens of Montenegro has become customary for the Government of Milo Djukanovic and represents the continuation of politics of shifting the entire burden of bad economic decisions on citizens, with the absence of any personal responsibility for the state in which the Montenegrin economy is today.
The introduction of new taxes for citizens while at the same time to “the strategic investors” and domestic oligarchs are forgiven tens of millions in taxes, is another proof of how much the Government of Milo Djukanovic is dedicated to the public interest and welfare of the citizens of Montenegro.
The only explanation that is given to the the public on the occasion of the introduction of this fee came from the Prime Minister Djukanovic himself who said that fuel in Montenegrin conditions is an indicator of “higher quality of life” and accordingly to that it should be taxed as a luxury.
Djukanovic’s explanation is more than shameful and insulting the intelligence of every citizen of Montenegro who in the past 25 years witnessed the rapid enrichment of the Montenegrin Prime Minister, enrichment of his family, godparents and the entire constellation of domestic and foreign tycoons and criminals whose jobs have destroyed the economic substance of the country.
In a country that is a candidate for EU membership, Djukanovic explains as fuel for ordinary citizens is luxury, while at the same time these citizens from all taxes finance arrogant behavior of the high state administration. According to him, driving a car is luxury for citizens of Montenegro, but nevertheless we build about forty kilometers of highway for nearly a billion dollars.
For Djukanovic are not a luxury expensive cars, yachts and secret accounts in Swiss banks, villas and apartments in exotic destinations as even millions of euro annually spilling from the budget on personal privileges of his minions and the disastrous economic decisions.
Distorted image of Montenegro as a regional economic giant, champion in the EU integration and undisputed champion of democracy and respect of human rights as Djukanovic miserable tries to impose as the only correct, today can deny any citizen of Montenegro.
This image denies the latest Decree on fuel, which once again confirms that we live in an unfree society in which the welfare of citizens is subordinated to the will of one man and stakeholders that surround him, the country in which the fuel is a luxury, and life and human rights, commodity.
Finally, MANS in the initiative that has been submitted to the Constitutional Court requested that this institution, in accordance with the Law on the Constitutional Court, until the decision issue an order on the suspension of the execution of the disputed Decree because otherwise harmful consequences could take place for citizens through increase the prices of all other goods and services whose production and distribution depend on fuel prices.
Dejan Milovac
Deputy Executive Director
MANS
