The legal system of Montenegro
A civil-law system based on the 2007 Constitution and Continental codes, with a Constitutional Court. Montenegro uses the euro unilaterally and is the most advanced EU accession candidate in the Western Balkans.
Legal tradition
Montenegro belongs to the civil law tradition. A civil-law system based on the 2007 Constitution and Continental codes, with a Constitutional Court. Montenegro uses the euro unilaterally and is the most advanced EU accession candidate in the Western Balkans.
How power is divided
A parliamentary republic with a directly elected President, a Government answerable to Parliament and an independent judiciary overseen by the Judicial Council.
Where law comes from
- Constitution
- The 2007 constitution.
- Ratified treaties
- Part of domestic law and above statute.
- Laws of Parliament
- Primary legislation aligned with the EU acquis.
- Codes
- Obligations, criminal and procedural codes.
The legal profession
Advokati belong to the Bar Association of Montenegro; notaries (notari) handle deeds, company acts and succession.
Law by topic in Montenegro
- Constitutional LawThe 2007 Constitution, a single-chamber Parliament and a Constitutional CourtMontenegro is a parliamentary republic under the 2007 Constitution, adopted after independence. The Constitutional Court reviews the constitutionality of laws and decides constitutional complaints, and EU alignment drives continuing reform.
- Civil ProcedureThe Civil Procedure Act with public bailiffs for enforcementLitigation follows the Civil Procedure Act in basic and high courts, with a Commercial Court for business disputes. Enforcement is carried out largely by public bailiffs under the Enforcement and Security Act.
- Human RightsConstitutional rights, treaties above statute and an OmbudsmanThe Constitution guarantees civil, political and minority rights, and ratified treaties are part of domestic law with precedence over conflicting statute. The Protector of Human Rights and Freedoms supervises the administration.
- Immigration & NationalityA single residence and work permit with seasonal quotasAs a non-EU state, Montenegro applies the Foreigners Act to all non-nationals, issuing a combined temporary residence and work permit. Annual quotas govern seasonal work, which matters for the large tourism sector.
- Property & LandCadastre-based ownership with broad rights for foreign buyersOwnership is acquired on registration in the real-estate cadastre, and foreign natural and legal persons may generally acquire property on the same terms as nationals, with limits on agricultural and border land.
- Employment & LabourThe Labour Act with statutory dismissal grounds and a set minimum wageThe Labour Act governs individual and collective employment relations, listing grounds for termination and requiring written reasons. A national minimum wage is set by government decision.
- Business & CorporateThe Companies Act, low-capital d.o.o. and central registry incorporationCompany law follows the Companies Act, with the d.o.o. the dominant form and very low minimum capital. Registration is at the Central Registry of Business Entities administered by the Tax Administration.
- Family LawThe Family Act with joint parental care and mediationThe Family Act governs marriage, parental relations and maintenance, providing for divorce by agreement or on petition. Mediation is encouraged in disputes concerning children.
- Criminal LawThe Criminal Code with a Special Prosecution Office for corruptionThe Criminal Code and Criminal Procedure Code govern offences and process, with prosecutor-led investigation. A Special State Prosecutor's Office handles organised crime, corruption and war crimes.
- Tax LawProgressive corporate and personal rates with euro-denominated administrationMontenegro moved from flat taxation to progressive bands for both personal and corporate income, while remaining among the lower-tax jurisdictions in Europe. VAT applies at a standard and reduced rate, all in euro.
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