Constitutional court rejects free share appeal

The Constitutional Court has rejected an initiative for a review of the constitutionality of the decree on free shares. Under the decree, Montenegrin citizens are not eligible for free shares. Constitutional court rejects free share appeal Eight initiatives were submitted to the court to determine the constitutionality and legality of the decree on registering citizens entitled to free shares, which claimed that that act ran counter to Serbian citizenship law and Constitutional provisions. On the basis of Constitutional and legal provisions, the Constitutional Court stated that the contested provision of the decree, which is related to checking conditions for registering those eligible to receive free shares, was in line with citizenship law. “The decisions from the decree do not in any way impinge on rights for gaining Serbian citizenship defined by the law, nor question the right of Montenegrin citizens to submit a written statement and application to be registered as Serbian citizens,” the Constitutional Court stated. Under the law, Montenegrin citizens with legal residence in Serbia on June 3, 2006 are considered Serbian citizens too, if they submit a written statement that they consider themselves Serbian, together with an application for citizenship. The law also leaves a window of five years for registering Serbian citizenship, so, in the opinion of the initiator, Montenegrin citizens eligible for dual Serbian citizenship cannot exercise their rights to free shares if they are not registered in the database of Serbian citizens. The initiators stated that the decree breached the provisions of the Serbian constitution that uphold human and minority rights and outlaw discrimination.

Constitutional court rejects free share appeal

Eight initiatives were submitted to the court to determine the constitutionality and legality of the decree on registering citizens entitled to free shares, which claimed that that act ran counter to Serbian citizenship law and Constitutional provisions.

On the basis of Constitutional and legal provisions, the Constitutional Court stated that the contested provision of the decree, which is related to checking conditions for registering those eligible to receive free shares, was in line with citizenship law.

“The decisions from the decree do not in any way impinge on rights for gaining Serbian citizenship defined by the law, nor question the right of Montenegrin citizens to submit a written statement and application to be registered as Serbian citizens,” the Constitutional Court stated.

Under the law, Montenegrin citizens with legal residence in Serbia on June 3, 2006 are considered Serbian citizens too, if they submit a written statement that they consider themselves Serbian, together with an application for citizenship.

The law also leaves a window of five years for registering Serbian citizenship, so, in the opinion of the initiator, Montenegrin citizens eligible for dual Serbian citizenship cannot exercise their rights to free shares if they are not registered in the database of Serbian citizens.

The initiators stated that the decree breached the provisions of the Serbian constitution that uphold human and minority rights and outlaw discrimination.