Paragraph 62

 

If it seems therefore acceptable that Montenegrin citizens living in Serbia are not entitled to vote in the referendum, it would conversely seem desirable that citizens of Serbia resident in Montenegro should have this right. This would correspond to the standard practice in federal states and in the former Yugoslavia and also to previous practice in Montenegro. Recently some decisions of courts in Montenegrin rejected, on the basis of Article 7.2 of the Constitutional Charter of the State Union, requests by newly arrived citizens of Serbia to be included in the voters’ list. However, on 5 December 2005 the General Session of the Supreme Court of Montenegro decided that citizens of Serbia, who are  resident in Montenegro and meet the other requirements of the law, are entitled to vote within Montenegro and are to be included in the voters’ lists. This issue has therefore been resolved in a satisfactory way.