The Government of Montenegro has rejected appeals demanding a constitutional review of articles authorised under the New Law on Games of Chance.

The challenge was filed by NVO, the national trade association for games-of-chance suppliers, and Lutrija Crne Gore (the Lottery of Montenegro), which has contested the provisions of Article 106.

The Incumbents cite that the “transitional and concession rules” set out in the legislation undermine constitutional rights of gambling licences authorised by the former laws of Montenegro.

According to the two parties, Article 106 of the New Law will breach the constitutional ban on retroactive legislation, create unequal treatment for operators with different contract expiry dates, and will further infringe on what they described as “acquired rights” linked to existing concessions.

PM Spajić says no…

A written opinion was submitted to the Vlada legislature directly by Prime Minister Milojko Spajić, who stated:

“After examining the submission, the government finds that the law does not have retroactive effect. The mandate on games of chance is an activity of public interest and holds exclusive rights for the state. Organisers therefore do not possess any rights that will be in breach of the New Law.

The government ensures a transitional period of 270 days to allow all organisers to align their business operations with the new requirements, in all fairness to all, regardless of who they might be.

Spajić continued: “The government ultimately decides that this disputed provision is not contrary to constitutional norms or international conventions, and that there is no prospect of bringing proceedings before the Constitutional Court with respect to Article 106 of the Law on Games of Chance.”

The PM’s opinion formed the legal basis upon which the cabinet rejected the petition for constitutional review. Although the constitutional challenge has been rejected, the new framework continues to attract criticism from Montenegro’s gambling licences.

Montenegrobet, the national association of licensed operators, has warned the government that it will introduce “unrealistic compliance obligations, disproportionate criminal-liability triggers, and licence-revocation grounds that could destabilise the legal market and hinder channelisation.”

The association has urged the government to reopen dialogue with gambling licences and revise several contentious provisions that will hinder market stability and suppress investment in domestic operators.

Gambling and Euro ascension

Following the decision, Montenegro’s New Law on Games of Chance passed in August 2023 – will proceed through a phased implementation in which the government will consider minimal changes.The Ministry of Finance has begun issuing secondary regulations covering licensing conditions, AML controls, supervision, and market conduct standards.

The launch of a modernised gambling framework is earmarked by the Spajić “Pro Europa” administration as a critical domestic reform supporting Montenegro’s full accession to the European Union – in which PM Spajić and the government seek to become a full member state by 2028.