The Montenegrin Cabinet convened for its 91st session, led by Prime Minister Milojko Spajić.

During this session, the Cabinet approved the Draft Law on Amendments to the Law on Foreigners. This law aligns with the Action Plan for Negotiation Chapter 24 – Justice, Freedom, and Security, as well as Chapter 2 – Freedom of Movement for Workers, aimed at further harmonizing with EU regulations. The main goal of Chapter 24 activities is to facilitate the free movement of individuals while ensuring their security. Chapter 2 of the EU acquis allows citizens from EU member states to work in other member states under the same conditions. EU migrant workers should receive equal treatment to domestic workers regarding employment conditions, social security, and tax benefits. The free movement of workers is a fundamental principle of the EU internal market. The suggested amendments enable foreigners to electronically request residence permits and combined residence and work permits through an information system operated by the Ministry of the Interior. Additionally, foreigners can seek extensions of temporary residence/work permits even if their travel documents have expired. The draft law further streamlines the processes for regulating temporary residence for foreign workers in Montenegro’s IT sector, healthcare, and domestic service employment based on work contracts. Additional modifications were made to improve procedures for determining the status of stateless individuals, following suggestions from the UN High Commissioner for Refugees (UNHCR) and the TAIEX mission of the European Commission in 2021. These amendments aim to rectify procedural deficiencies noted since the implementation of the process in 2018 and clarify the rights and obligations of those applying for or granted stateless status.

The Cabinet also approved the Draft Law on Unified Disability Assessment. This legislation is a crucial element of the broader disability assessment reform, transitioning to a rights-based model to ensure equitable access to rights for persons with disabilities, in line with UN Convention standards. Currently, the assessment system is fragmented with different criteria across ministries, leading to unequal treatment for individuals with disabilities. Many individuals must navigate multiple assessments across various sectors, as decisions from one sector aren’t applicable in others. Disability status is currently governed by five laws and 15 by-laws, compelling affected individuals to undergo repeated assessments for accessing services and benefits. Simultaneously, over 40 commissions create a substantial administrative burden and strain on public finances.

The new law defines unified disability assessment as a process evaluating long-term physical, mental, intellectual, and/or sensory impairments that may impeded full social participation amid various barriers. The process will establish disability status and the levels of support necessary for social inclusion. This reform will eliminate more than 40 commissions spanning five sectors, allowing individuals, including children with developmental difficulties, to obtain a single ruling valid across all sectors. Consistent application required adjustments to all relevant legal frameworks. The harmonization of laws across social and child protection, veterans’ and disability protection, pension and disability insurance, labor and employment, professional rehabilitation, and education of children with special needs ensures legal certainty and cohesive implementation.

The law proposes the establishment of the Institute for Unified Disability Assessment as the central body for conducting assessments using standardized methodologies, promoting equality, efficiency, and legal clarity. This new system aims to streamline procedures, eliminate redundant assessments, optimize public spending, and reduce risks of abuse. A central register of individuals assessed under this system will be created to enhance public policy planning, service delivery, and benefits allocation based on accurate and comprehensive data. This legislation and the establishment of the Institute are included in the 2024–2027 Reform Agenda under measure 3.1.3 – Reforming the Social and Child Protection System for more effective, efficient, and transparent use of public resources (Step 3).

The Cabinet adopted the Draft Law on Amendments to the Labor Law, aimed at aligning it with the Draft Law on Unified Disability Assessment. In this context, unified disability assessment refers to a procedure that evaluates the existence of long-term physical, mental, intellectual, or sensory impairment, which may hinder equal societal participation alongside others. This process determines an individual’s disability status and the degree of required support for societal inclusion. Given the provisions of the new law regarding disability determination and support levels, it is essential to harmonize the Labor Law accordingly—especially in defining disability degrees in relation to legal rights.

The Draft Law on Amendments to the Law on Vocational Rehabilitation and Employment of Persons with Disabilities was also adopted. This law governs the process of exercising the right to vocational rehabilitation, measures for the employment of persons with disabilities, methods of financing, and other employment-related matters. Amendments were made to sync the existing law with the Draft Law on Unified Disability Assessment. Given the new unified assessment concept—where status and support degrees are determined by the specialized Institute for Disability Assessment—harmonizing the law became essential. This includes redefining eligibility under this law and terminating the competency of the Employment Agency of Montenegro and the Ministry of Labor, Employment and Social Dialogue regarding disability status and work capacity determinations based on previous commission assessments.

The Cabinet also approved the Draft Law on Amendments to the Law on Travel Concessions for Persons with Disabilities. The aim is to align this law with the Draft Law on Unified Disability Assessment and synchronize its implementation with the rollout of the new system. The proposed modifications will not negatively impact current beneficiaries.

The Draft Law on Amendments to the Law on Veterans and Disability Protection was likewise adopted. These amendments ensure consistency with the Draft Law on Unified Disability Assessment, aligning it with the UN Convention on the Rights of Persons with Disabilities.

The Cabinet adopted the Draft Law on Amendments to the Law on Social and Child Protection. The suggested amendments harmonize this law with the Draft Law on Unified Disability Assessment, ensuring current beneficiaries of financial support, care allowances, and personal disability benefits remain unaffected.

The Draft Law on Amendments to the Law on Pension and Disability Insurance was adopted. Proposed amendments align this law with the Draft Law on Unified Disability Assessment, establishing unified criteria and assessment procedures related to pensions and disability insurance. The aim is to ensure fair, objective, and equal assessments for all insured individuals, thus improving the efficiency and transparency of the process. These amendments align with Montenegro’s international obligations, particularly the transition from a medical to a functional disability model as necessitated by the UN Convention and EU recommendations.

The Government approved the Draft Law on Amendments to the Law on Education of Children with Special Educational Needs. The amendments aim to align this law with the Law on Unified Disability Assessment. The newly adopted law revises the definition of children with special educational needs to encompass those with developmental difficulties or disabilities, alongside those with developmental challenges. Additionally, the assessment process is now regulated in alignment with the UN Convention on the Rights of Persons with Disabilities. The Institute for Unified Disability Assessment will oversee this new assessment process, replacing previous responsibilities held by local government education authorities. This shift is intended to protect and guarantee full human rights and fundamental freedoms for all individuals with disabilities, particularly children with special educational needs, fostering conditions that eliminate barriers and enable their full societal participation, free from discrimination and on equal footing with others.

The Cabinet adopted the Draft Law on Amendments to the Law on Agriculture and Rural Development. The primary motives for this law are legal and technical, aimed at enhancing the implementation of planned activities in agriculture and rural development, aligning existing legal provisions, establishing a new organizational framework for Technical Assistance measures, and improving the collection of agricultural policy data. The proposed amendments clarify that tasks related to preparation, monitoring, promotion, and coordination of programs, as well as the role of the beneficiary of support funds under the Technical Assistance measure, will be undertaken by the Ministry’s organizational unit responsible for managing the IPARD programme – the Directorate for Rural Development – per EU requirements. The amendments additionally define terms like farmer, active farmer, young farmer, agricultural holding, farm holder, and agricultural activity in accordance with EU Regulation 2021/2115. Detailed provisions for the FADN (Farm Accountancy Data Network) system are included, directly linked to Montenegro’s commitment to establishing support and payment systems aligned with the EU’s Common Agricultural Policy for the 2023–2027 period. This law represents a step toward ensuring effective implementation of support measures in agriculture and rural development as Montenegro advances its EU accession process and harmonizes its legislation with that of the EU, bringing it closer to alignment with the EU Common Agricultural Policy and nearing the closure of Negotiation Chapter 11.

The Cabinet adopted Proposed Amendments to the Draft Law on the Legalization of Unpermitted Structures. Among other updates, these amendments remove a general provision for legalization—that only buildings with access to a public road may be legalized. The removal of this requirement is warranted due to the significant number of unpermitted structures without direct access to public roads, as many are situated on parcels with multiple, also unpermitted, buildings. This adjustment underscores the principle that the legalization process should be available to all structures that do not threaten public interest, especially considering many already exist and their removal could incur substantial costs and lead to social unrest. The amendments also permit the legalization of structures located outside protected zones, regardless of existing spatial plans. Legalization will be allowed for structures that are present on the ground and identifiable in satellite imagery. Additionally, the amendments clarify the responsibilities of relevant authorities involved in the legalization process, especially concerning mandatory site inspections, as well as the formulation and composition of commissions and procedural actions within this complex procedure. Furthermore, they detail the process for acquiring state or municipal land that has been unlawfully occupied during the legalization process and outline how to determine encroached public land that may be sold through direct negotiations, adhering to the Law on State Property. Among other provisions, the amendments also reduce the urban rehabilitation fee for properties such as hotels, tourist resorts with four or five stars, and tourism complexes. The prior regulation mandated a minimum fee of €1.5 million for a structure of approximately 1,000 m², which has now been lowered to a minimum of €400,000 for a similar-sized building. Municipalities will be authorized to set the specific fee amounts within this range.