Another Anti-European proposal from part of the rulling coalition

The announcement regarding the adoption of the “Law on Foreign Agents” represents yet another anti-European and anti-Western idea from part of the ruling coalition, whose rhetoric abounds with commitment to joining the European Union (EU) and embracing its values.

The Center for Democratic Transition (CDT) urges all ruling coalition members to explicitly state their stance on this proposal and publicly declare whether this is part of their political agenda as well.

We genuinely hope that there are still entities within this coalition that sincerely and not just declaratively uphold EU values and respect the decisions of its most important institutions. More importantly, we hope they dare publicly oppose the constant attempts to introduce anti-European practices and policies into Montenegro’s legal system.

As a candidate country for EU membership, Montenegro must align its legislation with the EU’s legal framework, which means that during the drafting of new laws, it must follow EU legislation as well as the EU Charter of Fundamental Rights. This initiative stands in direct contradiction to that obligation.

Interestingly, with this proposal, Montenegro wants to align itself with countries like Russia, Kyrgyzstan, Hungary and Georgia, which have all adopted similar measures. A similar legislative proposal has also been considered in the Republika Srpska entity of Bosnia and Herzegovina. All these legal initiatives have faced condemnation from relevant international institutions and organizations.

The European Union has repeatedly condemned such initiatives. The European Parliament, in a resolution on the Georgian law, called for the withdrawal of this harmful legislation, pointing out that targeting of civil society organisations and independent media in general and this proposed legislation in particular are indisputably inconsistent and irreconcilable with the norms and values of the EU and with any EU membership aspirations.

In recent years, the Venice Commission has analyzed the compliance of these harmful and authoritarian legal proposals with current international and European standards and has repeatedly warned that the restrictions on freedom of expression, freedom of association, and privacy introduced by these laws are not in line with the European Convention on Human Rights and Fundamental Freedoms, nor with the International Covenant on Civil and Political Rights.

When Russia implemented this plan against critical thinking, the European Court of Human Rights ruled in the case of Ecodefence and Others vs Russia that it violated the fundamental rights and freedoms of all 61 applicants involved. Russia’s actions in infringing on human rights and freedoms have resulted in its exclusion from the Council of Europe, placing it on the fringes of enlightened European societies.

The ruling of the Court of Justice of the European Union in case C-78/18 is particularly significant in this regard. After reviewing Hungary’s Law on the Transparency of Organizations Receiving Foreign Support, the Court determined that legislation requiring certain civil society organizations to register, report, and disclose their funding sources if they receive foreign support above a certain threshold and imposing penalties for non-compliance is both discriminatory and unjustified, resulting in a violation of EU law.

Since its establishment, the Center for Democratic Transition (CDT) has maintained the highest standards of NGO operations, earning repeatedly recognition as one of the most transparent think tanks. All pertinent information about our activities is available on our website and accessible to the public. Furthermore, we have actively campaigned for provisions within Montenegrin legislation that mandate NGOs to register and submit financial reports. These laws ensure that the financial activities of NGOs, including their funding sources, are subject to oversight by relevant authorities, which occurs regularly in practice.

However, anyone who even briefly thinks about the state of affairs in our country will realize that the true aim of this proposal is to introduce practices typical of authoritarian regimes, such as suppressing free thought, persecuting dissenters, and labeling civil society as foreign agents and enemies of the state.

Therefore, it is essential for all members of the ruling coalition to provide a clear and unequivocal stance on this proposal. This will ensure that both the domestic and international communities are fully aware of who they are dealing with and can adjust their actions accordingly.

Dragan Koprivica, Executive Director of CDT