The draft law on energy, which is included in the agenda of the session of the Montenegrin Parliament, which is scheduled for next week, must be adopted by a qualified majority or a majority vote of all deputies in the Parliament and MANS warns that its eventual adoption by a simple majority would represent not only irresponsible attitude towards citizens, but also violations of the Constitution of Montenegro.
This law has been on the agenda of the extraordinary meeting last month, but the Legislative Committee had not taken a position on the majority required for its adoption. The draft law was at the extraordinary session subsequently withdrawn, and in the meantime put on the agenda of the regular session.
The Constitution clearly stipulates that the Parliament should adopt by a qualified majority regulations that govern the financial obligations of citizens, which is indisputably the Energy Law. Namely, this Law defines the basic elements of the methodology for the calculation of electricity prices, the issue of subsidies for energy entities paid by citizens through their bills, as well as their ownership rights with respect to locations where energy infrastructure is placed.
We believe that the Legislative Committee, which is responsible for making a decision on the majority required for a regulation adoption, had to take the only correct attitude that for the enactment of the Energy law at the plenum is needed a qualified majority, or 41 deputy votes of the Montenegrin parliament.
MANS recalls that the Legislative Committee so far has passed three decisions that the Energy Law should be adopted by a qualified majority. So in 2010, when it considered the adoption of the law in its entirety, took a position on a qualified majority for a vote, as well in 2011, when it considered its amendments. The same position is taken in the case of subsequent amendments that were proposed in 2013 when the Legislative Committee again requested a qualified majority.
For the past changes that were proposed earlier this year, the Legislative Committee changed its mind and is required simple majority, which is explained as an oversight because it is impossible to ignore the very nature of this law which is a matter of public interest and prescribes financial obligations for citizens.
We therefore invite the Legislative Committee that when reviewing the Draft Law on Energy takes into account the clear constitutional provision that it is the law that defines the material obligations of Montenegrin citizens, and that needs the votes of 41 deputies of the Montenegrin Parliament for adoption.
MANS has previously pointed out that the latest Draft Law on Energy contains a number of problem solutions that literally force consumers to over-financed not only the state energy companies, but openly favors and private energy companies, including companies of a son of Prime Minister Milo Djukanovic and his close friends.
For example, for the production of electricity from so-called renewable energy sources, actually small hydro or wind plants, which are mainly built by private companies, in addition to subsidies for the reduced price of electricity, or compulsory purchase of electricity and energy infrastructure, opens space for awarding favorable loans from Investment Development Fund.
In addition, the draft law contains and a number of problem solutions regarding the jurisdiction of the Energy Regulatory Agency, which is allowed to continue to make decisions on electricity prices in favor of energy companies, to the detriment of consumers, while at the same time its leaders are almost free of the responsibility for making such decisions.
For all these reasons the Government’s legislative proposal, which could be called “the Law of increase in electricity prices” does not leave even a little room for doubt that it will be the prelude to a drastic increase of electricity bills, which will be a direct attack to the pockets of impoverished Montenegrin citizens.
MANS
