In order for the Draft Law on Freedom of Religion and Legal Status of Religious Communities to produce legal consequences, there has to be assumption of united political will of the highest state addresses, including Prosecutor’s Office, judicial system and Real estate Administration aimed at bringing the illegally acquired church property back to its legal owner, said the Vice-President of the Council of the Metropolitanate of the Montenegrin Orthodox Church, Stevo Vučinić.
Commenting on the positive attitude of the Venice Commission towards this enactment, he said that the country had all the instruments for fast and efficient settling of this issue.
“Venice Commission suggested referring all such cases to the specialized court. With the opinion it provided, Venice Commission said what it had to say. Now it’s up to the state authorities to decide whether we are going to be country of free people or not”, said Vučinić.
As he says, Draft Law on Freedom of Religion is a legal base for returning unlawfully acquired church property to its legitimate owner – Montenegrin country.
“Opinion provided by the Venice Commission says that the country is given right to protect church property as its cultural heritage and to stipulate requirements for the use thereof; however, change in ownership does not require an automatic change in property user. Setting out conditions and establishing order in the use of orthodox facilities takes time. And then, the Montenegrin church question is set to be resolved”, says Vučinić.
Venice Commission stated that it was not up to them to assess historical circumstances, or determine whether some of the property units was or was not abused or unlawfully registered back in 1990s. Montenegrin legislation, administration and courts are obliged to deal with such questions.
In addition, Venice Commission does not formulate any rules and decide upon their application regarding this matter. According to the Article 62 of the Draft Law, religious structures and land used by religious communities in the Montenegrin territory, which were built or obtained from public revenues until 1 December 1918, as part of the cultural heritage of Montenegro, shall be part of state property.
