Protector of Property and Legal Interests of Montenegro responds to Šehović and Hrapović: Under the Law natural persons do not have right to seek Protector's opinion, response falls outside jurisdiction

The Protector of Property and Legal Interest of Montenegro Dragana Đuranović informed the Ministers of Education and Health Damir Šehović and Kenan Hrapović that, under the law, they as natural persons do not have the right to seek the opinion of the Protector nor the Protector can give opinion to natural persons because it falls outside his/her jurisdiction, and therefore the Protector of Property and Legal Interest cannot give the requested opinion on the Draft Concession Act and the Concession Agreement for the Airports of Montenegro.

"... We state that under the Law on State Property ("Official Gazette of Montenegro" No. 21/09, 40/11) (Article 53) the scope of work of the Protector of Property and Legal Interest of Montenegro is determined by the position of legal representative representing Montenegro, its authorities and public services established by the state without status of a legal entity before courts and other state authorities, while the provision of Article 56 of the cites Law stipulates that 'the Protector is obliged to issue a legal opinion with regard to concluded contracts and opinion about other property-based matters to such authorities he/she represents property rights and interests thereof, upon their request'.

As for the norms whose disposition is clearly defined, especially the imperative norms referred to in Article 56 of the cited law (which norms should be quoted and interpreted as they are), starting from a clearly defined position and competence of the Protector of Property and Legal Interests of Montenegro, your request cannot be treated in the sense of the previously quoted norm, i.e. the treatment of the same would fall outside jurisdiction the protector, because you submitted the claim as a natural person, and from the cited imperative norm it is clear that the Protector does not give legal opinions upon requests of natural persons" – Protector of Property and Legal Interests of Montenegro Dragana Đuranović responded to to the applicants Damir Šehović and Kenan Hrapović.

PUBLIC RELATIONS SERVICE OF THE GOVERNMENT OF MONTENEGRO