Today MANS and officially reminded the Legislative Committee of the fact that for the enactment of the Energy Law is required qualified majority, which is in addition to the obligations prescribed by the Constitution of Montenegro confirmed and by the previous practice conducted by the aforementioned Committee.
In fact, the Legislative Committee has already passed three times the decision that the Energy Law should be adopted by a qualified majority, ie that for the enactment at the plenum are needed the votes of 41 delegates of the Montenegrin Parliament. This is fully in line with the Constitution of Montenegro, which obliges the Parliament of Montenegro that when considering regulations which define “material obligations for the citizens”, for the declaration must be led by institute of so-called qualified majority.
Thus, in 2010, when it was considered the adoption of the law in its entirety, the Legislative Committee took the view that it was required the qualified majority, as in the case when in 2011 considered its amendments. The same position was taken in the case of subsequent amendments that were proposed in 2013 when the Legislative Committee again requested a qualified majority.
For the past changes that were proposed earlier this year, the Legislative Committee changed its mind and is required simple majority, which we explaine as an oversight because it is impossible to ignore the very nature of this law which is a matter of public interest and prescribes a “material obligation for citizens”, as it is stated and in the Constitution.
Bearing in mind the aforementioned practice that has so far existed in this Committee, we expect that during a final decision on how to vote, board members would have in mind the compliance of that decision with the Constitutional provisions, primarily because it is a law whose implementation will have a direct impact the budgets of all citizens.
There is no doubt that the Government of Montenegro takes an active campaign in order to ensure with this law benefits for electricity producers to the detriment of citizens, thereby not hesitating even open manipulation as evidenced by the response of the competent Ministry of Economy on the law facts presented by MANS in recent days.
The Ministry of Economy production from renewable sources definitely define as a public interest, “packing” private interests of energy companies in Montenegro’s commitment to reaching a certain percentage of energy from such sources, all in accordance with EU standards. While that percentage at EU level is set at 20% of total production at the state level, the Ministry of Economy “generous” set it to even 33% in a situation where the prospect is that the key energy stakeholders in the future will be almost exclusively private companies.
In this way, the business profit of the company owned by the Prime Minister’s family and godparents, as well as construction tycoons, declares the work of public interest that should be financed by all citizens through electricity bills and that is what essentially predicts this bill.
In this regard, it would be very important that from the Ministry of Economy finally explain what is the public interest from the construction of small hydro power plants, actually how many new jobs their construction will bring, what are the benefits of local communities and especially what from them receive consumers, given the fact that these projects would be subsidized through increased energy bills.
We believe that this is undoubtedly the case of so-called covert state aid, under which private business of privileged companies would be financed under the guise of concern for the public interest. In this way, these businesses will be eligible and for other types of assistance such as government loans, guarantees and so on, on which contributes the fact that the Investment and Development Fund (IDF) of Montenegro already negotiating for a loan of 55 million euros for support for construction of small hydro power plants.
Bearing in mind all the above, it is undisputed that the Law in this form should not be adopted, because otherwise it would have incalculable consequences for the budget of citizens who would from their pockets finance enrichment of the individual and companies, all under the pretense of concern for the public interest.
MANS
