Nacionalne manjine u Crnoj Gori: između evropeizacije, građanske države i afirmativne akcije
National Minorities in Montenegro: Between Europeanization, Civic State and Affirmative Action

Summary/Abstract: The central subject of the paper is understanding the position of national minorities in Montenegro, after the adoption of the constitution in 2007, in a state that is constitutionally defined as civic but which at the same time recognizes the institution of positive discrimination, i. e. affirmative action. The paper presents a historical recapitulation of the role of minorities in Montenegro from the time of the Principality / Kingdom of Montenegro to the current legal and political context. The paper aims to show the origin of the protection of minority rights and the positive and negative aspects of applying the guaranteed rights of national minorities in Montenegro, especially in the context of the enjoyment of civil and political rights. During this century, Montenegro created effective mechanisms to protect fundamental rights. However, the critical issue is whether this result was achieved thanks to high-quality positive legal solutions or traditional respect, mutual interconnections, decades-long harmony, and the developed awareness of political representatives that Montenegro is indeed a civic country. Today’s legal framework is modern and follows the highest European standards; however, the paper aims to show whether such a legal basis is sufficient to prevent discrimination against national minorities. In this sense, the article reviews the case Alković vs Montenegro at the European Court of Human Rights.

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