The draft law on gambling in Montenegro, given its restrictive measures, violates several key laws and legal frameworks of Montenegro and the European Union. It clearly favors the state lottery and public services over private media and operators, effectively pushing private businesses into an economic abyss.
Here are specific laws and regulations that may conflict with this draft:
Montenegro Competition Protection Law
This law guarantees a free market and prohibits discrimination among market participants. If the draft law favors a state monopoly or restricts advertising for private operators, it could contravene competition protection rules. Such regulations prohibit measures that undermine equality among market participants and create unfair advantages for state entities.
Constitution of Montenegro – Articles on Freedom of Speech and Right to Information
The Constitution guarantees freedom of expression and the right to information. If the draft law limits the ability of private gambling operators to advertise, it could be considered a violation of constitutional rights to freedom of speech and commercial expression, which pertains to the right of private companies to communicate with the public and promote their services.
EU Directive on Services in the Internal Market (Directive 2006/123/EC)
This EU directive guarantees the free provision of services within member states and candidate countries, respecting equal conditions for all service providers. If the state lottery is favored over private operators, it may violate the principles of a free market within the EU. The directive advocates for equal treatment of all enterprises and the freedom to provide services, which could be undermined by this law.
Charter of Fundamental Rights of the European Union – Article 11: Freedom of Expression and Information
Article 11 of the EU Charter guarantees freedom of expression, which includes commercial communication as a form of business communication. Limiting the advertising rights of private operators could contravene this article, as the EU recognizes commercial advertising as a form of free expression protected by law.
Treaty on the Functioning of the European Union (TFEU) – Article 56: Freedom to provide services
Article 56 of the TFEU guarantees the freedom to provide services within the EU and prohibits any form of discrimination favoring domestic actors over others. If the law favors the state lottery and restricts private companies in advertising and business, it could conflict with the principles of the free market promoted by the EU.
Montenegro Media Law
The Media Law guarantees media freedom and the right to information. If private operators are restricted in advertising, the media that rely on revenue from these ads could face financial difficulties, impacting their independence and freedom. This indirectly undermines media freedom and their ability to operate without economic dependence on state entities.
Montenegro Electronic Media Law
This law defines the rights and obligations of electronic media and guarantees advertising freedom, except in cases concerning the protection of the public interest. However, if the draft law introduces restrictive measures against private operators without clearly defined public interest, it may be seen as a limitation on advertising freedom, conflicting with the provisions of this law.
These legal norms from Montenegro and the EU set clear guidelines regarding market freedom, expression, and competition. If the draft law on gambling disregards or violates these laws and directives, legal consequences may arise, including appeals in domestic courts, international legal disputes, and potential sanctions.
Discrimination
This law embodies everything a modern legislative framework should not be—discriminatory and economically destructive. If Montenegro continues on this path, it faces a future of economic stagnation, legal uncertainty, and social destabilization.
The suppression of the private sector, stimulation of illegal activities, and erosion of media freedom are just the first signs of the impending crisis. Montenegro must urgently reject this law and adhere to the principles of a free market and equal conditions for all; otherwise, the country will spiral into economic uncertainty from which recovery will be difficult.
