Pursuant to Article 94 of the Constitution of Montenegro, I returned three laws to the Assembly for re-decision. The MPs accepted the remarks I made in relation to the Law on Amendments to the Law on Electronic Communications, and gave up on its re-enactment, which I consider a responsible and correct decision.
I remain convinced that the application of the re-enacted Law on Amendments to the Law on Local Self-Government Financing, as well as the Law on Amendments to the Law on Business Companies, will lead to negative consequences in practice.
Starting from the constitutional determination that the relationship of power rests on balance and mutual control, as well as the role of the president of the state in this sense, I believe that by returning the laws in question for re-decision, as well as by respecting the objections of the Assembly in one case, a significant step has been taken towards the improvement of legislative practices in Montenegro.
In addition to the indisputable shortcomings contained in the above-mentioned legal solutions, which was also confirmed by the numerous reactions of the expert domestic and foreign public in the past period, I appreciate that it was necessary to point out the key, decades-long problems in the creation of laws and other acts.
I am convinced that the citizens expect a strong departure from the negative practices of the past from the newly formed legislative and executive authorities, as well as that the adoption of these three disputed laws in the first vote in no way contributed to such a goal.
In my inaugural speech upon taking office as president, I promised the citizens that I would work dedicatedly for the betterment of Montenegro, as the first among equals to protect the constitutional and legal order and contribute to the adoption of the European system of values. For me, these were not empty phrases that we have been hearing for the past couple of decades, and which unfortunately still exist on our political scene, but a resolutely expressed willingness to perform the office of the president of the state for the benefit of all the citizens of Montenegro and their better future.
I wanted to send several important messages on the example of returning three laws to the Assembly for re-decision.
First, the process of creating public policies and preparing legal solutions must be carried out in a high-quality and inclusive manner, so that the results of their implementation correspond to the needs and expectations of citizens. Passing laws according to an urgent procedure, especially those of a systemic nature, without prior public discussion and providing an adequate explanation - I see it as a continuation of bad practices. It is precisely the engagement of citizens and professional public in the creation of public policies that contributes to the democratic process, strengthens the legitimacy of political decisions, creating a more transparent and open political system that we strive for.
Second, the part of the legislation that needs to be harmonized with the acquis of the EU must be prepared in cooperation with the European Commission. I remind you that there is a long-standing established practice of submitting proposals for regulations to the European Commission for opinion, with the aim of high-quality adoption of European standards and ensuring the effective implementation of obligations from the Stabilization and Association Agreement and the Program for the Accession of Montenegro to the European Union, as strategic documents in this area. Any deviation from this practice is against the aspirations of Montenegro to become a full member of the EU as soon as possible.
Thirdly, the role of the president of the state, within the legislative process, is essential and corrective, as foreseen by the Constitution of Montenegro, and it must not be reduced to a mere form and uncritical approval, as has mostly been the case so far. Therefore, the attempt of certain actors to see the exercise of this constitutional authority of the president of the state through a political prism is pointless. In addition to the fact that the Parliament itself, by not adopting one of the laws, itself admitted that the return of the aforementioned laws proved to be justified and expedient, this very move contributed to the affirmation of the Constitution and the principle of separation of powers, as well as to the strengthening of the awareness of all political actors about the superiority of the public interest in relation to to personal and particular interests.
Finally, based on the stated principles, I will continue to use my constitutional powers in the legislative process in order to improve the legal framework in the country, devoid of political or any other motives that would limit me from a rational and objective review of adopted solutions.
The author is the President of Montenegro
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