Milatović's Office urges State Protector to act over Kruševac Palace
The Office of Montenegrin President Jakov Milatović has sent a formal letter to the State Protector of Property and Legal Interests of Montenegro, calling for urgent measures to safeguard state property in connection with the Law on Amendments to the Law on the Status of the Descendants of the Petrović Njegoš Dynasty.
- Pursuant to Article 94, paragraph 1 of the Constitution of Montenegro, the President of Montenegro returned the Law on Amendments to the Law on the Status of the Descendants of the Petrović Njegoš Dynasty to the Parliament of Montenegro for reconsideration. The law was adopted by Parliament during the Ninth Session of its First Regular Sitting in 2026, held on June 1, 2026. Given that Parliament has scheduled a session at which the law will be voted on again, we hereby submit this initiative and urgent request for you, within your statutory role as protector of state property, to prepare in a timely manner all necessary legal mechanisms for an immediate response aimed at protecting the property and property interests of the State of Montenegro - the letter from the President's Office states.
According to the letter, the adopted amendments provide for the transfer of Kruševac Palace in Podgorica, together with the surrounding land, into the private ownership of the descendants of the Petrović Njegoš dynasty.
- Such a solution is directly contrary to Article 78, paragraph 2 of the Constitution of Montenegro, which establishes the state's constitutional obligation to protect the country's natural and cultural heritage; Article 42, paragraph 1 of the Law on the Protection of Cultural Property, which explicitly stipulates that immovable cultural property owned by the state cannot be alienated; as well as the general framework governing the protection of state property and the principle of the rule of law under Article 1 of the Constitution of Montenegro - the letter adds.
In addition to domestic legislation, the President's Office also points to the established case law of the European Court of Human Rights, which further confirms the state's obligation to protect cultural heritage and other assets of particular public importance.
- The principle of the margin of appreciation and the public interest: The ECHR has consistently held that states have both the right and the positive obligation to protect their cultural heritage and property of general public interest, and that the standards established under Article 1 of Protocol No. 1 to the European Convention on Human Rights do not require states to transfer or return historical property to private ownership where doing so would be detrimental to the public interest and public access to cultural heritage - the letter emphasizes.
The Office argues that ECHR case law confirms that the interests of citizens and cultural institutions, such as the museum housed in Kruševac Palace, must take precedence over private claims to historically significant properties.
- Given that the State Protector of Property and Legal Interests is the statutory representative of the State responsible for protecting its property rights, we consider it essential that this state authority take a proactive approach and prepare all necessary legal measures to prevent the unlawful alienation of state property. In accordance with your powers, we kindly ask that you inform us of the actions already taken and the legal steps you intend to undertake regarding this matter - the President's Office concludes.