Members of Parliament should refrain from voting on the new agreement with the UAE, which once again provides for exemptions from public procurement and competitive procedures, until the Constitutional Court delivers its decision on the previous agreement. Provisions that exclude the application of national legislation pose a threat to transparency and competitiveness, run counter to the commitments under the Reform Agenda, and must be reconsidered.
At today’s parliamentary session, the Proposal for a Law Ratifying the Agreement on Cooperation in the Field of Energy between the Government of Montenegro and the Government of the United Arab Emirates (UAE) is scheduled for consideration. Following the previously signed agreement in the field of tourism, this represents yet another agreement that provides exemptions from any form of competitive procedure, effectively excluding the application of legislation governing concessions, public procurement, public tenders, or any other competitive process in the implementation of the agreement.
A new agreement with the UAE is now before Parliament, even though the Constitutional Court has not yet issued its decision on the constitutionality of the Law ratifying the Agreement on Cooperation in the Field of Tourism and Real Estate Development between the Government of Montenegro and the Government of the UAE. We recall that the Constitutional Court held a public hearing on this matter on 15 December 2025.
The European Union has previously warned that investment cooperation must comply with EU rules. In its latest report, under Chapter 5 (Public Procurement), which has been provisionally closed, the European Commission specifically recommended ensuring that intergovernmental agreements with the UAE and other countries do not circumvent EU public procurement standards.
By concluding such agreements, the Government is acting contrary to the commitments it undertook through the adoption of the Reform Agenda, as well as those assumed by Parliament through the ratification of the Growth Plan instrument.
Specifically, the Government committed that 100% of intergovernmental agreements and contracts with third countries concluded from December 2026 onwards would be fully aligned with EU public procurement rules (with the exception of defence and security). This measure represents a key step towards establishing a clear legal framework to ensure that intergovernmental agreements are not used as a means of bypassing national and EU public procurement legislation.
It appears that the Government is attempting to conclude as many such intergovernmental agreements as possible before the formal deadline under the Reform Agenda, even though their effects will materialise later and may jeopardise both positive assessments by the European Commission and the broader public interest.
We therefore call on Members of Parliament to refrain from voting on this law until the Constitutional Court issues its decision, and we urge a reconsideration of the contractual provisions that exclude the application of national legislation.
Dragana Jaćimović
*AI-assisted translation