Latest developments in 2018

• Author: Kostic-Mandic, Maja
• Pages: 95-96

95

12LATEST DEVELOPMENTS IN 2018

12.1Legislative amendments

The new Law on Civil Servants and Employees from 2018140improved the normative

framework for the civil service system and created conditions for better management of

human resources in employment, promotion on the merit system, strengthening

professionalism, accountability, openness and efficiency at the local and state level.

However, there is no clear reason why the legislature decided to exempt the heads of

state bodies from the obligation to take into account the proportional representation of

members of minority or other minority national communities, gender balance and

employment of persons with disabilities when deciding on the selection of candidates.

This provision was contained in a previous law, following the meaning of special

measures aimed at creating conditions for the realisation of national, gender and overall

equality and protection of people who are in an unequal position on any basis.

As already pointed out, the Government of Montenegro has prepared a Proposal for a

Law on Life Partnerships between Persons of the Same Sex,141which would regulate

partnerships between two persons of the same sex and the legal effects of such

partnerships, the conclusion and termination of life partnerships, as well as keeping the

register of life partnership records.

With this Proposal, same-sex partners acquire the right to healthcare and health

insurance in the same manner and according to the same procedure and scope as

spouses and their family members; the right to social protection in case of social need;

the right to joint and special property, as well as the disposal of property; the right to

inherit the property of a deceased partner; and the right to inherit the pension and other

rights and obligations arising from living together. With the adoption of this Law, same-

sex couples would be legally recognised, and their rights would be realised in relation to

property and other rights enjoyed by heterosexual partners. This would be a significant

step in providing conditions of equality and dignity within the homosexual community.

12.2Case law

Equality body: European Court of Human Rights

Date of decision: 5 December 2017

Name of the parties: Alković vs. Montenegro

Reference number: 66895/10

Address of the webpage: -

Brief summary:The applicant, Rizo Alković, is a Montenegrin national who was born in

1960. He currently lives in Belgium. The case concerned a series of apparently ethnically

and/or religiously motivated attacks against Mr Alković, who is a Roma and a Muslim,

perpetrated by his neighbours in 2009 when he was living in Podgorica (Montenegro). He

alleged, in particular, that, on 26 May 2009, he saw one of his neighbours go to his car,

take out a gun and, pointing it in the direction of his apartment’s terrace, fire nine to ten

gunshots. In another incident, on 22 September 2009 when Mr Alković was celebrating

Ramadan Bayram, a religious holiday, with his family, a large cross was drawn on his

apartment door, with a message written on the wall: ‘Move out or you’ll bitterly regret it.’

The case file was transmitted to the prosecuting authorities who concluded a few months

later that only the incident involving the cross could be considered as jeopardising

security and asked the police to take steps to find the perpetrator. It was decided that all

the other incidents referred to by Mr Alković could not be considered a threat. The

140 Official Gazette of Montenegro No. 2/2018.

141 The Proposal is available at: http://zakoni.skupstina.me/zakoni/web/dokumenta/zakoni-i-drugi-

akti/637/1927-11581-23-3-19-3.pdf.