In its issue of November 28, 1997, Podgorica weekly 'Monitor' , presents an analysis by Darko Sukovic, dealing with the undercurrent process of establishing a unitary Yugoslav state through the use of legislative acts.
The federal Constitution (Article 79) gives a possibility to the federal Parliament to regulate through federal law, and through 'a joint proposal of the republics - federal members', questions which do not directly fall under FRY jurisdiction. Since 1992 up until this summer, the republican parliements, based on the above constitutional provision, have delegated their prerogatives to the federal Parliament only three times.
But, in the last few months, some ten or more initiatives arrived from the cabinet of the Federal Prime Minister Kontic, to the desks of Djukanovic's government for the use of the Article 79 mechanism of the Federal constitution. Montenegro was asked for agreement that federal laws regulate some questions that are among the constitutional prerogatives of the republics.
Miodrag Vukovic, Vice President of the Montenegrin government recognized in the suddenly strengthened interest of the Federal government in the 'blessings' of the Article 79 - 'the tendency to conduct through a constitutional path a normative unitarisation of the joint state'! Vukovic says that the position of the Montenegrin government is that constitutional norms have to be respected. Practically, this means that the Federal Government and the Parliament cannot outstretch over what is precisely given to them by the highest legal act (Article 77). 'Both FRY and the Republics have to remain within the framework of their constitutional prerogatives, moreover the fact that the subject matter which is regulated will not suffer' - as Midrag Vukovic presents the message of the Djukanovic cabinet, stressing that there is no need to fully regulate on a federal level a sphere, for which, based on the Constitution, the federation only regulates the basic principles.
The Federal Government and the Parliament are not only creating problems for Montenegro by doing, but even more so by not doing certain things. It seems that the moment the Federal Parliament is comprised solely of pregnant women. Some fifty laws are waiting to be adopted, of which some are five years 'old'. The Kontic cabinet, seemingly is attempting to complete the normative system of the FRY, but the untimely Parliament is preventing it in doing so. Even though the so called third Yugoslavia is still more a political improvisation than a serious, regulated state, what is felt in practice is the effects of non - regulation of whole areas, or, the fact that some norms in federal laws have been surpassed.
It seems that the drastic example of the discrepancy between the norms and practice is the Federal law on taxes. The Montenegrins consistently demand changes in it, they are proposing amendments, they are waiting and bearing. The Federal Parliament did not accept the amendments to this law. Along with the fact that the Montenegrin initiatives for the changes in the tax system, as well as the harmonization of the Law on association of citizens and social organizations, the Federal institutions also proved immune to many other demands of the smaller federal unit.
It seems finally, though, that there is a consciousness brewing in Montenegro about the need to protect its state interests. The Republican government prepared a set of laws dealing with fiscal policies, with the intention to submitt them to the Montenegrin Parliament for passage. With these laws, a legal framework will be prepared for the conduct of a global 'reformist' concept in this sphere. And when the Federal Parliament finally becomes merciful and passes the amended Fiscal law, the Montenegrins will adjust their law to this act. The same scenario will probably be applied to all spheres which need urgent attention.