Part of the presidents of municipalities whose mandate is expiring believe that local self-governments will not be without legislative and executive power until the elections on October 23, as some lawyers and the civil sector claim.
The non-governmental sector and lawyers indicate that in a month the councilors in nine municipalities, including in Podgorica, will not have the right to make legally indisputable decisions due to the expiration of their mandate, and that the adoption of the law postponing the elections in 14 municipalities to October 23 has created a legal vacuum. for which none of the competent authorities offered a solution, so it was up to the municipalities to "figure out" how to solve this issue.
Amendments to the Law on Local Self-Government, which postponed the elections, did not extend the mandate of councilors, local assemblies, or municipal presidents.
In June and July, the mandates of municipal assemblies and their leaders in the municipalities of Bijelo Polje, Šavnik, Plužine, Žabljak, Bar, Danilovgrad, Kolašin, Pljevlja and the capital Podgorica expire. The municipalities of Budva and Tivat function under forced administration, and the role of the local parliament was taken over by the board of commissioners, made up of representatives of the Government and local administrations, until the elections.
"It will ensure smooth functioning"
From Podgorica, of which he is the mayor Ivan Vukovic, the "News" replied that "The capital, as always, will act in accordance with the legal procedure and ensure the smooth functioning of the local self-government system".
President of the Municipality of Plužine Mijuško Bajagić he told "Vijesti" that considering the continuity of the government until the election of a new one, the Municipality of Plužine will continue to perform regular tasks that are of interest to the local population, "which means that it will not be without legislative and executive power".
The Municipality of Kolašin announced that the initiative and decision of the Parliament of Montenegro to postpone the regular local elections to October 23 brought a new circumstance when it comes to legal regulations for the regular functioning of local administrations.
Given that local elections have been postponed in Podgorica as the capital and administrative center of the state, as well as in most other municipalities, the Kolasin municipality expects to define and specify a legal model according to which municipal administrations will normatively regulate their functioning in the period between the previous scheduled regular local elections and October 23, when the new date for their holding is.
"As a responsible local government, we will join that model and thus have continuity in the legal functioning, which will enable citizens, as before, to have a service based on valid regulations and norms," replied the municipality of Kolašin.
That municipality is without the first man, given that it is Milosav Bulatović On May 14, he resigned from that position. The reason for such a decision, as he explained at the time, were "political interpretations of the judgment of the Court of Appeal" by which he was sentenced to a suspended sentence because "he enabled a young, university-educated person to complete twenty-day training as a community police officer at the Police Academy ".
The municipalities of Bar, Danilovgrad, Šavnik and Pljevlja did not answer the questions of "Vijesti", how they will function legally, given the new situation.
Constitutional doubts are still there
Postponing the elections caused numerous legal doubts, and the Constitutional Court has three initiatives on the constitutionality of that law.
The Parliamentary Club of the Democratic Front and the NGO Center for Democratic Transition (CDT) previously submitted initiatives, and they were combined into one case that will be considered as a priority as soon as the judge-rapporteur prepares the proposal. On Wednesday, the NGO Action for Social Justice (ASP) submitted to the Constitutional Court an initiative for the evaluation of the constitutionality and legality of amendments to the Law on Local Self-Government, and its president Ines Mrdovic as a natural person and a constitutional appeal.
Deputy director of CDT Biljana Papović told "Vijesti" that this organization believes that the Constitutional Court, regardless of the situation with the number of judges, as long as there is a theoretical opportunity for it, must perform its work responsibly and professionally. That is why, as she pointed out, they expect the CDT's initiative to assess the constitutionality and legality of disputed amendments to the Law on Local Self-Government to be discussed as soon as possible.
"The passage of these changes, and the way the president reacted after them, opened up a number of legal quandaries that caused chaos in the legal system. First of all, there is the question of the duration of the mandate of councilors in municipalities whose mandate has expired. Given that the legal system does not provide for the extension of the mandate, it is up to the municipalities to "correct" their actions in this legal gap. In this you can see all the absurdity of the situation we have come to," said Papović.
Director of Action for Social Justice (ASP), lawyer Ines Mrdovic said that it can be assumed that those municipalities will continue to function as if they were "in full mandate", both at the level of local parliaments and at the level of local authorities. She pointed out that none of the local officials stood up to protect the Constitution and the law, that none rebelled against the extension of the mandate and protested in such a way as to, for example, resign or withdraw, in order to protect the constitutional political system of the state.
The "boot" of politicians will continue to trample on the Constitution
"The fact that their mandates are unconstitutionally extended obviously does not affect them, so one gets the impression that they will work as if the citizens elected them again. That is, the "boot" of politicians will continue to trample on the Constitution at the local level, and such a thing is possible in a country where there is no rule of law. Law and justice here are an "unbearable quagmire", and that quagmire was created precisely by politicians in order to satisfy their narrow party and privileged interests", said Mrdović.
Vice-president of the Democrats and member of the Parliament, lawyer Momo Koprivica he assessed two days ago for "Vijesti" that in a month councilors in nine municipalities, including Podgorica, will not have any legal right to participate in the performance of local self-government functions.
He also explained that the law on postponing elections also contradicts the election law regarding the duration of the election campaign.
"Namely, in Article 14 of the Election Law, it is prescribed that from the day of announcing the election to the holding of the election, no less than 60 days and no more than 100 days can pass. Considering that after the law on postponing elections, (Milo) Đukanović did not cancel his decisions on calling elections, but only changed the date, we will have absurd and illegal situations".
Elections in several municipalities were postponed by the decision of the new parliamentary majority, with the explanation that it is not appropriate to go to the polls multiple times in the month of June because it is the tourist season. Also mentioned as an argument was the suggestion of the European Commission and the OSCE that the elections be held in one day so that the country would not be in a constant election campaign.
The opposition, however, claims that this is running away from the voice of the people, estimating that behind it is primarily the Democratic Party of Socialists, whose support among citizens is falling.
An urgent decision of the Constitutional Court is necessary
Biljana Papović assessed that many other questions are open, because the institutions in charge of the elections see differently the legal situation that has arisen, that is, the obligations arising from the president's decision to postpone the elections by interrupting the election activities.
"All these issues can only be resolved through our legal system, and for that, timely, i.e. urgent decision of the Constitutional Court, which should be the initial basis for the operation of institutions in accordance with the laws. When politicians start playing with the laws, the Constitutional Court is the dam or the constitution against that behavior. Whether our Constitutional Court has the strength to fulfill its purpose in the system remains to be seen," she said.
Mrdović: Everything would be clear to freshmen at Pravno
Ines Mrdović said that, from a legal point of view, the Constitutional Court would have to judge that the amendments to the adopted law are unconstitutional.
"That is clear to every freshman at the Faculty of Law. Everything else would be a "creative" interpretation of the law and would be in the domain of satisfying political interests, which would not even be a surprise for those better informed, because it shows that our judicial system is completely rotten...", she assessed.
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