Latest developments in 2018

AuthorKostic-Mandic, Maja
12.1 Legislative amendments
The new Law on Civil Servants and Empl oyees from 2018140 improved the normative
framework for the civil service system and created c onditions for better management of
human resources in employment, promotion on the merit system, strength ening
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 b odies from the obli gation 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 reali sation of national, gender and overall
equality and protection of people who are in an unequal positi on on any basis.
As already pointed ou t, the Government of Montenegro has prepared a Proposal fo r a
Law on L ife Partnerships between Persons of the Same S ex,141 which would regulate
partnerships between two persons of the s ame sex and the legal effects of such
partnerships, t he conclusion and termination of life partnerships, as well as keepin g 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; th e right to social protection in case of social need;
the right to joint and special property, a s 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 di gnity within the homosexual community.
12.2 Case 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. Th e case concerned a se ries of apparently ethnically
and/or religiously motivated attacks against Mr Alkov, who is a Roma and a Musli m,
perpetrated by his neighbours in 2009 when he was living i n 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 an d, pointing it in the directio n 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 famil y, 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 wh o 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 w as 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:

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