A coalition of 39 Montenegrin non-governmental organizations, activists, and citizens has issued an open letter urging Prime Minister Milojko Spajić and key ministers to immediately halt public debate on the country’s Draft Law on Mining. The group argues that the proposed legislation poses a direct threat to constitutional rights, private property, environmental protection, and the broader public interest.
The signatories demand that the government withdraw the draft and launch a completely new, transparent drafting process that includes full participation from experts, local communities, academia, and civil society. They stress that the final version must comply with the Constitution of Montenegro, EU law, and international conventions.
Central to their concerns is the draft law’s designation of mining as an “activity of public interest,” which they say enables — for the first time — the expropriation of private property for mining projects even against the will of property owners. This, they argue, constitutes misuse of the public interest as defined by Article 58 of the Constitution and contradicts Montenegro’s constitutional commitment to functioning as an ecological state.
The groups also warn that the draft abolishes the requirement for environmental impact assessment (EIA) consent in mining permitting. Under the proposal, key mining approvals would no longer require expert review or oversight by environmental authorities. Activists say this would allow projects with potentially irreversible ecological consequences to move forward without scientific scrutiny, regulatory control, or public transparency.
Another major point of criticism is the concentration of power within a single ministry. The draft gives the Minister of Energy and Mining the sole authority to approve changes to mining projects, including deviations from initial designs, without oversight by other institutions. According to critics, this opens the door to arbitrary decision-making, conflicts of interest, and corruption.
NGOs further argue that the draft is inconsistent with EU environmental and human rights standards. They question the law’s stated aim of providing “legal protection to companies operating in accordance with regulations,” asking whether such protection is intended against domestic law, European norms, or international obligations — suggesting the draft prioritizes mining interests over public welfare.
Penalties for violations are also deemed inadequate. The draft proposes fines as low as €1,000 to €2,000 for individuals and €15,000 to €20,000 for legal entities — levels critics say are too small to deter serious misconduct, making it cheaper for concessionaires to break the law than to comply.
The letter additionally highlights serious financial risks. Any approvals or concessions issued under an unconstitutional or legally flawed law could be overturned in court, potentially obliging Montenegro to pay millions in compensation to investors or affected citizens. Such exposure, they argue, could undermine fiscal stability and saddle taxpayers with long-term financial burdens.
The signatories conclude that mining “must not be an excuse for taking away homes, destroying nature, and endangering the future of our children,” calling on the government to act responsibly and uphold constitutional and public interest principles.
