State President Milo Đukanović postponed the local elections in Tivat, which were scheduled for April 5. He did so by changing the decision by which he had previously announced going to the polls, stating that the reason for this was the current pandemic.
Đukanović announced that decision last night, although earlier yesterday a session of the Defense and Security Council was held where the coronavirus was discussed, after which the announcement did not mention the situation with the elections.
"Elections for councilors in the Tivat Municipality Assembly will be held within 90 days from the date of termination of the orders of the competent authorities which introduced measures to prevent the introduction of the new coronavirus into Montenegro, suppression and prevention of the transmission of the new coronavirus," according to a statement from the president's office.
It is added that "appreciating the existing epidemiological situation in Montenegro, and bearing in mind the Order to take temporary measures to prevent the introduction into the country, suppression and prevention of the transmission of the new coronavirus", he decided to postpone the election for councilors in the Tivat Municipality Assembly.
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"Namely, the orders, as one of the temporary measures, prescribe a ban on the gathering of the population in closed and open public places, which could not be avoided in the event of holding elections.
Sharing the responsibility with other state bodies for compliance with the prescribed regime of movement of citizens in order to protect their health, I will carefully monitor the development of events and set a new date for holding elections for councilors in the Tivat Municipality Assembly. In accordance with the above, elections for councilors in the Tivat Municipality Assembly will be held within 90 days from the day when the decisions of the competent state authorities and health institutions confirm that the danger of the introduction and spread of an infectious disease in Montenegro has ended, and that the measures and introduced", stated Đukanović.
Earlier yesterday, the president of the Constitutional Committee of the Assembly, professor of law and deputy of DPS, Miodrag Vuković, explained to "Vijesta" that there are no legal reasons for postponing local elections in Tivat, as this can only be done in the event of a state of emergency or war in the country.
He explained that it is prescribed by the constitution and provisions of the Law on Local Self-Government. "There are no reasons for postponing the elections, at least from a legal point of view. A state of emergency has not been declared, there are no legal reasons for the introduction of a state of emergency as the only reason besides the state of war that would influence the decision-maker to cancel the election," explained Vuković.
He added that the Assembly decides on the state of emergency on the proposal of the Council for Defense and Security. The meeting of that body was held yesterday, but there was no mention of it in the announcement available to the public.
Vuković states that both the Constitution and the Law on Local Self-Government stipulate that after the end of the reason for the introduction of a state of emergency, elections are not called within three months, that is, the composition of the Assembly remains the same and elections are called only after 90 days.
Member of the Municipal Election Commission (MEC) Ognjen Vukasović believes that the elections in Tivat cannot be held under these circumstances and they must be postponed.
Refraining from speaking on his own behalf, and not on behalf of the entire commission, he told "Vijesta" that the measures ordered by the Government and the National Coordinating Body for Combating Infectious Diseases (NKT) are in direct conflict with the measures that should be to be implemented according to the Law on the Election of Members of Parliament and Councillors.
"In these circumstances of the ban on public meetings and gatherings, we cannot conduct the training of election committees, which we are obliged to do under the Law on the Election of Members of Parliament and Councillors. There is also the question of whether the confirmed electoral lists in these circumstances will have sufficient capacity in terms of the number of available people for the composition of electoral committees. Do our polling stations meet the requirements imposed by the NKT measures for maintaining a minimum physical distance, as long as we only allow one voter at a time, because a larger number of people will be staying in those small rooms - members of the polling boards, observers... Does the MEC have personnel and technical potentials to bring to the end the procedure of voting by letter, which will certainly be much more than ever before because citizens, especially the elderly, avoid leaving their apartments? Finally, how should we deal with the fact that even people who are in isolation or self-isolation have their right to vote without suspension and no one can deny them the right to vote?" asked Vukasović, adding that it is clear to everyone that in such circumstances "elections in Tivta is technically impossible to implement".
MEC Tivat, in a letter that it sent to the Government and NKT on Wednesday, asking for instructions, stressed that "the conduct of elections at polling stations will certainly be in conflict with the measures that your body has adopted in order to prevent the spread of the coronavirus".
"NEWS" from NKT was not answered in connection with the MEC initiative.
The group of voters "Goran Božović - honorable and responsible for a better Tivat" asked the state government yesterday if it is known who in Montenegro is competent to decide on holding the election process in Tivat.
CGO sent the initiative to the SEC
Yesterday, the Center for Civic Education (CGO) sent the President of the State Election Commission (SEC), Aleksa Ivanović, an initiative for urgent consideration of the postponement of the local elections in Tivat.
"CGO appreciates that the competent authorities should make a decision on postponing the elections as soon as possible, which would be in accordance with the orders to take temporary measures to prevent the introduction into the country, suppression and prevention of the transmission of the new coronavirus (COVID19)", the statement stated.
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