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The Constitutional Court of Montenegro, at its session held 28 January 2026, annulled Article 35a of the Internal Trade Act (Zakon o unutrašnjoj trgovini “Official Gazette of Montenegro”, Nos. 049/08, 040/11, 038/19 and 084/24) (“Internal Trade Act“), imposing a ban on the operation of retail businesses on Sundays and on public holidays. The court found that the ban was inconsistent with the constitutional guarantees of freedom of entrepreneurship and equality before the law.

With the adoption of the Law on Healthcare in August 2025, the legal framework for the implementation of a comprehensive reform of the Montenegrin healthcare system through harmonization with modern standards and the legal acquis of the European Union was set. A further step in this direction is represented by the proposed amendments to this law, which, together with the Law on Data Management and Digital Health, are also in the proposal stage, and are part of a wider process of digital transformation of the healthcare system, while at the same time strengthening the protection of patient data and standardization of healthcare records.

The new Companies Act (“2026 Companies Act“) and the new Act on Registration of Commercial and Other Entities (“Registration Act“) have entered into force on 1 January 2026. These statutes were enacted in the context of the provisional closure of EU accession negotiations on Chapter 6 (Company Law).

On the last day of 2025, the Parliament of Montenegro voted for the amendments to the Foreigners Act which entered into force on 17 January 2026. Implementing regulations have to be enacted within further 12 months.

In The Debrief, our Practice Leaders across CEE share updates on recent and upcoming legislation, consider the impact of recent court decisions, showcase landmark projects, and keep our readers apprised of the latest developments impacting their respective practice areas.

The European Commission has recognised the regulatory disparities that exist between EU Member States and the candidate Balkan countries. To address these differences, it has identified the need to assess national legal frameworks and provide recommendations to Balkan countries for aligning them with EU standards.

Countries in the region continue with the application of the Pillar 2 of OECD’s Global Anti-Base Erosion Model Rules (“GloBE”) as well as the EU’s Global Minimum Tax Directive 2022/2523. After the introduction of GLoBE rules in Slovenia, Croatia and North Macedonia, the Ministry of Finance of Montenegro, on 26 November, initiated the public consultations regarding the new Law on Global Minimum Corporate Income Tax (“Law on GMCIT”).

Moravcevic Vojnovic and Partners in cooperation with Schoenherr, working with Norton Rose Fulbright, has advised a group of financial institutions, including Merrill Lynch International, MUFG Bank, Societe Generale, OTP Bank, Erste Group, AKA Ausfuhrkredit-Gesellschaft, and Eurobank Private Bank Luxembourg, on a EUR 450 million facility agreement granted to the State of Montenegro. White & Case reportedly advised the State of Montenegro.

We are witnessing the fact that social media has become an inseparable part of the everyday life of modern individuals. In addition to being one of the main communication channels, businesses increasingly use them to reach consumers more easily. Legal regulation significantly lags behind technologies that are developing at an unprecedented speed. In recent years, the European Union (“EU”) has taken significant steps in regulating various social spheres affected by technological development (e.g., GDPR, the use of AI).

EU accession dominates Montenegro’s political and economic agenda at the moment, according to Vujacic Law Office Partner Sasa Vujacic, who stresses that the country is experiencing a level of momentum not seen in years. Beyond the technical progress on negotiation chapters, he notes that access to new EU funds and a markedly positive cost-of-accession outlook are shaping both policy priorities and market expectations.

Montenegro is leaving the paper trail behind and stepping boldly into the digital age. Driven by the EU integration process and strong encouragement from Brussels, the country is transforming its company law framework into a fully electronic system.

For years, Montenegrin insolvency practice has been facing a recurring problem: companies that would stop performing their business activities and fail to submit annual financial statements to the tax administration could not conduct a liquidation process. These companies were effectively blocked from liquidation unless they could demonstrate that all tax obligations had been settled. In practice, this was unattainable because the tax administration treated missing statements as evidence of possible outstanding liabilities and debts.