Centre for Civic Education (CCE) supports the request of students from the Faculty of Science and Mathematics at the University of Montenegro, who are seeking the issuance of postgraduate specialist diplomas in accordance with the new Law on Higher Education.
Specifically, this concerns “continuing students” enrolled under the 3+2 study model, who have completed at least 60 ECTS out of the total 120 ECTS required at the master’s level. This request is justified and legally grounded, particularly given the specificity of their field, which is both in deficit and highly needed in the labour market.
The CCE reminds that the transitional provisions under Article 172 of the new Law must be interpreted in favor of those to whom they apply. In particular, this provision clearly stipulates that a student has the right, upon request, to obtain a postgraduate specialist diploma if they have earned at least 60 ECTS within their master’s studies.
Despite this, certain faculties are attempting to introduce additional restrictions through arbitrary interpretations that are not provided for by law. Nowhere is it prescribed that a student must have a “cleared” first year of master’s studies, nor that the 60 ECTS must be obtained through a specific structure of exams. The only requirement is clear – a total of 60 ECTS earned out of the prescribed 120.
Such an interpretation of the application of Article 172 raises concerns about legal certainty within Montenegro’s education system. Therefore, the issue extends beyond the academic sphere and becomes systemic: if clear legal norms can be arbitrarily narrowed, trust in the rule of law is undermined.
The CCE emphasizes that PMF students are not seeking privileges, but rather the consistent application of the law, which applies to all students enrolled in 120 ECTS master’s programs prior to the entry into force of the new law. This is precisely why Article 172 was introduced – to protect “continuing students” and ensure a fair transition, including the recognition of the already acquired 240 ECTS, which in practice represents a key condition for access to the labour market.
The intention of the legislator was to ease, not worsen, the position of these students. As long as the law is in force, its purpose must be respected. If there are doubts regarding the quality of the normative solution, the only proper course of action is to amend the law, not to administratively restrict rights.
Otherwise, the state exposes itself to potential legal and financial consequences, including possible lawsuits for discriminationdue to unequal application of the law by higher education institutions.
Snežana Kaluđerović, Senior Legal Advisor