Signature both at the beginning and at the end

If the issue of the legal status of that religious community in the country is resolved by the signing of the Fundamental Agreement (BA) between the Government of Montenegro and the Serbian Orthodox Church (SPC), the division into "Lithija-Njegošev" and "Belvedere" Montenegro will remain a key determinant of political life.

This is what a political theorist assessed for "Vijesti". Fedja Pavlovic, talking about the socio-political repercussions of yesterday's signing of the TU, which caused a stormy reaction from part of the public and because of which the deputies will decide on the overthrow of the Government in 15 days.

Prime Minister Dritan Abazovic and the Serbian patriarch Porphyry they signed the contract, without prior notice, in Villa Gorica in Podgorica.

Pavlović says that the signing of that act does not mean that the bloc division that this issue crystallized in the 2020 elections is any less current.

"The ideological furrow between two opposing, but equally autochthonous experiences of the character and spirit of our community, the values ​​and traditions on which it rests - the division into what we could tentatively call 'Litija/Njegošev' and 'Belvedere' Montenegro - remains a key determinant of Montenegrin political of life", he pointed out.

After the TU was signed, the Democratic Party of Socialists (DPS), the Social Democratic Party (SDP), the Social Democrats (SD), the Liberal Party (LP) and the Democratic Union of Albanians (DUA), which claim that the TU is directed against state interests, submitted to the parliament initiative for a vote of no confidence in the Government.

It was signed by 36 deputies, which means that they need at least five more to overthrow the government (41 in total), whose support they will be able to seek until August 19, when, at their request, the President of the Assembly Danijela Đurović scheduled an extraordinary session of the parliament.

In case they are joined by the former long-term coalition partners of the DPS, the Bosniak Party (BS) with three MPs and the Albanian List with one, it will still not be enough for the success of the initiative, which means that they will have to ask for the vote of at least one MP. of the old majority", i.e. the winning coalition in the elections on August 30, 2020, which consisted of the Democratic Front (DF), the Democrats and the Civic Movement (GP URA).

BS and the Albanian coalition did not answer the newspaper whether they would vote for the initiative.

"Vijesti", when DPS and SDP denied support to Abazović a month ago due to the establishment of TU in the Government, wrote that the Democrats could support the initiative that would lead to early elections Alekse Bečić. However, that did not happen, and subsequently they called for restarting relations in the "old" majority.

They protested in the spring in several cities against the formation of the Government, demanding early elections.

Yesterday, that party said goodbye to the signing of the Agreement, announcing that the matter was "absolutely finished" and could no longer be on the table.

They assessed that the government experienced a "complete political collapse", and the prime minister lost the trust of the largest number of political entities, saying that the party's presidency, when the time comes, will take positions on further moves.

Democrat MP Momo Koprivica he announced last night on RTV Nikšić that the goal of every opposition is to end illegitimate government, but that his party does not want to be "anyone's contractor" and "auxiliary workforce for some of the angry or nervous constituents of the Government".

DPS yesterday, in response to the question of whether they will talk to the Democrats about supporting the initiative, said that they will talk to all political actors.

"The decision is up to the party bodies of those parties, but I believe it would be a real miracle if those political subjects who decided to find themselves in opposition to a government like this - which in its 100 days of work did not fulfill what was its essential purpose, European integration and the European agenda, around which I guess we all have a common consensus and interest - that they also do not vote for no confidence", the head of the DPS parliamentary club announced to the press. Danijel Zivkovic.

The signatories of the no-confidence initiative said that the "ignorant behavior of Abazović" and putting relations with the Serbian Orthodox Church in the foreground led to an irreparable loss of time needed for quality fulfillment of obligations from the European agenda, and that the Government therefore lost its legitimacy.

Abazović's government was formed on April 28 and, apart from the URA GP, it consists of the SDP, the Socialist People's Party (SNP), CIVIS and minority parties. Parliamentary support to the Government, without participating in it, was provided by DPS.

According to the Rules of Procedure of the Assembly, if the Government loses confidence, the Speaker of the Parliament immediately informs the President of the State, who then calls for elections. In that case, the government continues to work until a new one is elected.

If the Government receives support, the signatories of the motion of no confidence, according to the Constitution, cannot submit a new proposal before the expiration of the 90-day period.

Pavlović says that the topic of the Basic Agreement opened up the issue of electoral will in the last elections. He states that it is clear that, despite the fact that a significant majority of voters support European integration, the DPS was not punished in the elections for stalling integration, nor for any of the problems in chapters 23 and 24, but that it failed on another topic.

"Because the opinion prevailed in the electorate that, by attacking the Serbian Orthodox Church, she went a step too far in her efforts to institutionalize the radical agenda of 'anti-Serbian Montenegro'. Thus, the initial advocacy for the legal protection of SPC property over time took the form of a broader identity struggle - 'We don't give away holy places!' - which managed to galvanize a series of socio-economic, class and other discontents during the 2020 election campaign, and ultimately lead to a change of government. That is why in yesterday's signing of the TU, it is possible to recognize the programmatic elements of what vox populi ordered in August 2020".

After the signing of the TU, a Government session was held, which was marked by a lively debate between Prime Minister Abazović and the Minister of Foreign Affairs Ranka Krivokapića (SDP).

Abazović said that the Agreement should have been signed in order to achieve two-thirds/three-fifths support for unblocking the judiciary. He stated that anyone who wants destabilization helps the Russian influence in Montenegro, and wants in October, when local elections in several municipalities are scheduled, "to do what happened in Kosovo", alluding to the recent blockades in the north of Kosovo.

"That was your projection, and my projection was today's. Today, no one invaded Montenegro, we ourselves decided to provoke anyone who thinks otherwise without fanfare... The idea was to activate this issue before the elections in Podgorica and to have a new September 4 and 5 and the new Belvedere...", he added.

Krivokapić resented the manner of signing, as well as the text of the Agreement itself, saying that a lot of things were done in the state fraudulently.

"This is the day that took us away from the European Union. There are sanctions for mistakes and successes. Prime Minister, this was neither a nice nor an appropriate day. You have no right to ratify anything, any more than my grandmother...", he pointed out.

Krivokapić, citing an internal document from Brussels, said that because of TU, ​​the draft report of the European Commission (EC) for Montenegro is quite negative.

Despite his dissatisfaction, Krivokapić did not offer to resign from his ministerial position.

MP of SDP Draginja Vuksanović Stanković is, responding to the press whether the SDP ministers Krivokapić and Rasko Konjević to leave the Government, said that Prime Minister Abazović "should invite himself to be the first to do so".

Apart from the Democrats, the signing of the TU yesterday was also welcomed by the DF, the GP URA, the SNP, the Europe Now Movement...

The DF assessed that a great injustice and discriminatory attitude towards the SPC had been corrected. The GP URA stated that the decade-long issue of which, according to their assessment, was unfoundedly given enormous importance was resolved. They pointed out that they are not worried about initiatives for a vote of no confidence in the Government, because, as they claim, there is no majority in the Assembly for that.

The SNP said that, after a series of problems and attempts at obstruction, that party fulfilled its main priority set when entering the government, while the Europe movement now underlined that the regulation of relations between the state and the SPC has been completed.

The signing of the Basic Agreement, in front of the Government, was also attended by the Minister of Justice Marko Kovač, Deputy Prime Minister Vladimir Jokovic, Minister of Human and Minority Rights Fatmir Đeka, Minister of Health Dragoslav Šcekić and Minister of Finance Aleksandar Damjanović.

The SPC was represented by the Metropolitan of Montenegro and the Littoral Joannikius, bishops of Budimljansko-Niššić Methods, shame Vasilije, Zvornik-Tuzlan Photius, Milesevski Athanasius, Zahum-Herzegovina Dimitriye, as well as the secretary of the Holy Synod of Bishops, an archimandrite of the Serbian Orthodox Church Nektarije Đurić, archpriest-stavrophorus Velibor Dzomic and archpriest and coordinator of the Legal Council of the Metropolitanate of Montenegro and the Littoral (MCP) Igor Balaban.

The contract was signed in the form in which it was adopted at the Government session on July 8, after coordination with the SPC, and because of the signing, several dozen citizens protested yesterday near Villa Gorica.

Porfirije, after initialing the contract, said that Montenegro can always be, as it has been throughout the centuries, "a home for all people, no matter where they come from".

"I am, first of all, grateful to God today, grateful to you, Mr. Prime Minister, for all the efforts you made with your colleagues to end the vicissitudes that have been going on since 2012 here, in a solemn way, and to sign the Basic Agreement between the State of Montenegro Up and SPC," he said.

On the initiative of the President of the State and DPS Milo Đukanović, the Prime Minister had accepted, after the adoption of the TU by the Government, that the text of the document be analyzed once again by a team of lawyers.

However, it was not formed because they are the executive director of Action for Human Rights Tea Gorjanc Prelević and the dean of the Faculty of Law Aneta Spaić gave up, due to participation in a team of lawyers Velibor Marković, known for misogynistic and homophobic statements. The lawyer also showed solidarity with them Ana Stanković Mugoša, who was also supposed to be on the team.

Even after that, several legal opinions dealing with the analysis of the Agreement were submitted to the Cabinet of the Prime Minister, but Abazović rejected all remarks and suggestions on the text.

CDT: The grand finale of clericalization

There was no announcement of the signing of TU with SPC, and Abazović previously denied information from some media that the contract would be signed on August 3.

Yesterday, Porfirije arrived in Podgorica by helicopter of the Government of Serbia.

The signing ceremony was covered informatively by the Government Public Relations Service and the SPC newspaper - TV Hram.

At the Government session, Abazović, responding to Krivokapić's criticism of the manner of signing the Agreement, explained that they wanted to finish the matter without fanfare.

The Center for Democratic Transition (CDT) assessed that the deception about the date and manner of signing the Agreement was "the grand finale of the clericalization of Montenegro."

The CDT wrote on Twitter that the process of preparing the contract with the SPC, the 43rd Government started with lack of transparency, continued with feigning dialogue and ignoring a different opinion.

Complicated TU cancellation procedure

Lawyers consulted by "Vijesti" claim that the issue of possible annulment of the TU, mentioned by some political actors, is very complicated, because, allegedly, it is not entirely clear what the legal character of that act is.

One interlocutor says that it is a sui generis type of act, of a specific legal nature.

On Monday, the Prime Minister's office, in response to comments on the text of the document, said that contracts with religious communities represent "a type of sui generis contract, with special specifics that depend on the religious community with which it is concluded."

If, the interlocutor explains, TU was a general act, its constitutionality could be examined before the Constitutional Court. If it is an administrative or individual act, then it could be reviewed by the Administrative Court, or regular courts.

If, on the other hand, it was an international treaty - which requires ratification in the parliament - its annulment would be questionable because such acts are stronger than any national regulation.

The interlocutor claims that one of the more controversial issues regarding TU is the legitimacy of the other contracting party. He believes that, instead of the SPC, the second contracting party should have been the Metropolis of Montenegro and the Littoral (MCP) or the dioceses of the SPC, which have the status of legal entities in Montenegro.

Abazović's cabinet announced that the TU represents "a contractual relationship between two parties, which is based on the provisions of the Law on Obligations, and the rules for its application, interpretation and possible disputes regarding it should be sought precisely in that regulation."

"Therefore, possible nullity could be examined before a regular court, in which case it is possible that certain provisions be declared null and void, while the TU could remain in force even without that provision. Although the position 'that each of the contracts with religious communities can be contested before the Constitutional Court' was also stated, it is indisputable that the final position regarding its jurisdiction can be taken only by the Constitutional Court", they said.

Who threatens to behead

Prime Minister Abazović said yesterday that those who want to cut off his head should hurry, because otherwise they will soon end up in prison.

He said this during the polemic with Krivokapić at the Government session, without specifying who is threatening to "fall their heads".

"Tell the colleague (Konjević) who is absent today - to the one who said that before he does something that has already been done by a high-ranking official in the security sector, that many heads will fall, to hurry up. Because if the head does not fall, they will answer before the law. Send him a message. Let him continue to finance your propaganda, no problem. But since he sent that message that heads will fall before that, as far as I'm concerned, since I'm the first target, let him hurry. If that doesn't happen, then the opposite will happen and it will end up where it belongs. That's it," said Abazovic.

Krivokapić rejected the prime minister's claims, calling them subterfuge.

Minister Konjević said that he had heard Abazović's message, saying that it was about disturbing accusations. He called on the Special State Prosecutor's Office (SDT) to react.

"I call on SDT to invite the Prime Minister to explain this statement and the context of my mention. He made disturbing allegations. As much as he is telling the truth, it is best described by his statement from a few days ago that it is 'disinformation' that the Contract with SPC will be signed today," Konjević wrote on Twitter.

He said last night on TVCG that after Abazović's earlier statement "that the Minister of Defense wants to provoke conflicts" and that "they are not afraid of the Basic Treaty but of Europol", he filed a report with the special state prosecutor.