Montenegro
Topic
ODIHR Legal Reviews, Assessments
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Overall, the Law of Montenegro on Financing of Political Entities and Election Campaigns (the “Law”) offers an elaborate framework for regulating political parties’ and election campaigns’ financing, although there are a number of gaps and areas for improvement. It addresses the management of financial assets for political entities’ regular operations and election campaigns, outlines provisions for allowed and prohibited donations, and ensures the control and supervision of political finances. If effectively \ implemented, these provisions should help combat corruption, enhance transparency, and contribute to creating a level playing field for political parties. However, to ensure full compliance with international standards and OSCE commitments and ensure effective implementation, the Law would benefit from certain improvements and clarifications.
In particular, there are certain areas requiring attention to close potential loopholes that could be exploited to circumvent party and campaign financing regulations. Additionally, there is a need to reassess the balance between public and private funding to ensure that the system of public funding for both statutory and campaign-related activities of political parties does not unduly advantage larger, established parties at the expense of smaller or newer political parties. Moreover, the Law should be refined to enhance legal clarity by using a consistent terminology throughout, while eliminating inconsistencies between different provisions of the Law and possible overlaps and incoherence with other legislation, especially Law on Political Parties and the Electoral Code.
Lastly, consideration should be given to integrating gender aspects throughout the funding mechanisms envisaged by the Law to better reflect the constitutional principle of equality between women and men and to promote and enhance the participation of women in political life.
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Legislation
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