Candidate for councilor and holder of the electoral list "Dr. Božidar Vujičić - Civic action - For a better Budva", Božidar Vujičić submitted a complaint to the Municipal Election Commission in Budva today.
"I submit a complaint, due to the violation of the right to vote in the local elections for the election of representatives-councillors of the Municipality of Budva. The voters' right from Article 25 of the International Covenant on Civil and Political Rights and the right from Article 2 paragraph 1 in connection with Article 45 and Article 8 of the Constitution have been violated In the elections held in Montenegro, voters could not exercise power by freely choosing representatives, because they did not freely choose representatives, but instead chose electoral lists. Voters could not exercise equal voting rights, to be elected without discrimination, because voters chose electoral lists , and mandates were distributed to the voters-candidates, who expressed their will to be elected, according to the order of the candidates on the electoral list, that is, by discrimination of the right to vote," stated Vujičić in his plea.
By voting for the electoral list, as he said, the voters voted for all the candidates on the electoral list, the fact that some voters-candidates received mandates, and some did not, represents discrimination of the voters' right to be elected without discrimination.
"The International Covenant on Civil and Political Rights has been confirmed by Montenegro and based on Article 9 of the Constitution of Montenegro, it is an integral part of the internal legal order, has primacy over domestic legislation and is directly applied, when relations are determined differently from domestic legislation. 25 of the International Covenant on Civil and Political Rights, every voter is guaranteed to be elected without discrimination, while Article 96 of the Law on the Election of Councilors and Members of Parliament stipulates that the mandates of the candidates on the electoral list are distributed according to the order on the list, which represents discrimination", he pointed out. is Vujicic.
He added that it is clear that based on Article 96 of the Law on the Election of Councilors and Members of Parliament, the distribution of mandates to candidates is determined differently from the distribution of mandates determined by Article 25 of the International Covenant on Civil and Political Rights.
"And that the competent authorities for the implementation of elections (MEC, SEC and the Constitutional Court) must immediately apply the method of exercising the voter's right to be elected without discrimination, as determined by Article 25 of the International Covenant on Civil and Political Rights. The same right of voter-candidates to be elected, it is only possible on open electoral lists, where voters vote for the electoral list but also for the candidate on the electoral list, so that all candidates can exercise the same voting right to be elected, regardless of their place on the list or their gender and thus realize the right to be elected without discrimination, in accordance with Article 25 of the International Covenant on Civil and Political Rights," concluded Vujičić.
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