Pursuant to Article 82, paragraph 1, item 2 and Article 91, paragraph 2, of the Constitution of Montenegro, the 24th convocation of the Montenegrin Parliament, at the tenth session of the first regular (Spring) session in 2011, on 12 July 2011, adopted a

LAW ON THE STATUS OF THE DESCENDANTS OF THE PETROVIĆ NJEGOŠ DYNASTY

 

Article 1

For the historical and moral rehabilitation of the Petrović Njegoš dynasty, this law governs the important issues regarding the status of the descendants of the Petrović Njegoš dynasty, whose dethroning was contrary to the Constitution of the Principality of Montenegro, a violent act of annexation in the year 1918.

Article 2

The tradition of the Petrović Njegoš dynasty continues in the descendants of King Nicholas I Petrović Njegoš, in the male line and their wives (hereinafter referred to as: the descendants of the dynasty).

Article 3

The descendants of the dynasty guard and affirm the tradition of the Petrović Njegoš dynasty in the exercise of cultural, humanitarian and other non-political affairs, to affirm the Montenegrin identity, culture and traditions.

Article 4

The descendants of the dynasty are obliged to respect the integrity and constitutional order of Montenegro.

Article 5

The descendants of the dynasty referred to in Article 3 of this Law is the eldest male descendant (hereinafter referred to as the: representative of the descendants of the dynasty).

The right to be the representative of the descendants of the dynasty is passed to the male heir of the eldest male descendant.

Article 6

The representative of the descendants of the dynasty can use the heraldic symbols of the Petrović Njegoš dynasty.

Article 7

The President of Montenegro, the President of the Parliament of Montenegro and the Prime Minister of Montenegro may authorise the representative of the descendants of the dynasty to perform individual protocol or non-political activities.

Article 8

The descendants of the dynasty may acquire Montenegrin citizenship without the obligation to revoke the citizenship of another country.

If a descendant of the dynasty acquires the citizenship of another country they will not lose Montenegrin citizenship.

Article 9

In order to affirm Montenegrin culture and participation in humanitarian and development activities in the public interest of Montenegro and its traditions, establish the “Foundation Petrović Njegoš“ (hereinafter: the Foundation).

The Foundation has its seat in Montenegro. The Foundation is governed by the provisions of the law regulating the work of foundations, unless this law provides otherwise.

Article 10

The representative of the descendants of the dynasty is Chairman of the Board of the Foundation.

In the managing the affairs of the Foundation, the Chairman of the Board of the Foundation and members of the Foundation cannot deal with political activities. Members of the Foundation independently manage the assets of the Foundation, other than the funds that, in accordance with Article 11, paragraph 2 of this law, are distinct for the representative of the dynasty.

Article 11

Funding for the work of the Foundation in the first seven years of the establishment of the Foundation, to a total of Euro 4.3 million, will be provided from the budget of Montenegro.

The funds referred to in paragraph 1 of this Article in the amount of Euro 1,500,000 will be set aside for the representative of the dynasty and the amount of Euro 1,000,000 in 2011 and the amount of Euro 500,000 in 2012, and the remaining amount in equal instalments over the following six years, starting from 2012, through regular financing of the Foundation.

Article 12

The descendants of the dynasty have the permanent use of the house of King Nikola I Petrović Njegoš in Njeguši with a surface of 236m2, with a garden of 500m2 and meadow area of 1,270m2, enrolled in the real estate list number 128 KO Njeguši.

The descendants of the dynasty will have a house built and given to the family in Cetinje, measuring up to 300m2, with a land area up to 5,000m2, and also given an apartment in Podgorica with an area up to 130m2. The dynasty’s house referred to in paragraph 2 of this Article shall be constructed in accordance with technical documentation, in accordance with the law and planning documents, the suggestions of the representative of the dynasty, within two years from the date of revision of the principal project.

Article 13

To carry out the tasks referred to in Article 7 of this Law, the representative of the descendants of the dynasty has the right to use the facilities and other resources of State property, in accordance with the regulations of the Government of Montenegro (hereinafter: the Government).

To perform the activities referred to in Article 3 of this law and the work of the Foundation the descendants of the dynasty will have the right to exclusive use of the first floor of the “Kruševac” Palace in Podgorica, and for protocol requirements the use of the ground floor in priority to other users.

Article 14

In the case of a sale of the descendants’ house with land referred to in Article 12, paragraph 2 of this Law, the State of Montenegro has pre-emption rights at a price that is determined on the date of acquisition their property.

Article 15

Administrative and technical support for the representative of the descendants of the dynasty in Montenegro is to be conducted by the State Protocol.

The use of equipment, storage and the maintenance of immovable property referred to in Article 12, paragraph 1 and Article 13 paragraph 2 of this Law shall be in accordance with Government regulation.

Article 16

The representative of the descendants of the dynasty is entitled to a monthly income in the amount of monthly gross earnings of the President of Montenegro.

The right referred to in paragraph 1 of this Article, the representative of the descendants of the dynasty acquires upon payment of the final installment for funding to the Foundation under Article 11, paragraph 2 of this law. Funds for the purposes of paragraph 1 of this Article, Article 12, paragraph 2, and Article 15 of this Law will be provided for from the budget of Montenegro.

Article 17

The provisions of Article 13, paragraph 1 and Article 15, paragraph 2 of this law will commence within six months from the date of entry into force of this Law.

Article 18

This law shall enter into force eight days after its publication in the “Official Gazette of Montenegro”.

 

Number 35/11-1/15

EPA 569 XXIV Podgorica, 12 July 2011

24TH CONVOCATION PARLIAMENT OF MONTENEGRO

PRESIDENT Ranko Krivokapić