The absence of a quorum for the Constitutional Court's decisions has caused legal and political chaos in Podgorica, where criminal charges have already started pouring in, and public controversy continues every day about who is right because the final results of the local elections have not been announced.
And while the potential actors of the new government - the Europe Now Movement, the coalition gathered around the Democrats, the Democratic Front and GP URA, expect to take over the helm in the capital as soon as possible, the president of the Election Commission from the Democratic Party of Socialists Veselin Vukcevic claims that the conditions for this have not been met.
His argument is that the Constitutional Court did not rule on the appeals filed by the Svetosavska lista - which otherwise did not even pass the census and was left without a councilor in the local parliament.
He remains at the head of the capital until the decision of the Constitutional Court Ivan Vukovic (DPS), and until when it will be is not known because the election of the judges of that court is not imminent so that he can work. For that, in the second round of voting in the Assembly (since they were not elected in the first attempt), the support of 49 deputies is needed - that means eight more from the opposition, who are now nowhere to be seen. The earliest the Assembly can vote again is after November 22, because at least a month must pass since the first attempt, which was on October 22.
Until then, the announcement of the results of the local elections in Podgorica will be handled by the Special State Prosecutor's Office, to which yesterday the Movement of Europe has now filed a criminal complaint against the President of the Election Commission of the Capital City, Veselin Vukčević, because he refused two requests of the majority of members of that Commission to convene a session.
In the application to the Special State Prosecutor's Office, which was signed by officials Andrej Milović i Vasilije Carapić, it is stated that there is a basis for suspecting that Vukčević committed the criminal offense of abuse of official position.
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On October 3, the majority of the members of the Election Commission of the Capital requested that the Constitutional Court's letter to the Commission be discussed at the session, in which it was informed that appeals had been submitted to it on the results of the elections in Podgorica, and by another letter - four days later - to determine the final results. of choice.
Vukčević rejected both requests with the explanation that the conditions for convening the session had not been met.
In the application, it is also reminded that the Rules of Procedure of the IC prescribe the permanent session of the Commission from the announcement of the election until the announcement of the results, and that the president is obliged to ensure its work. It is added that the president is the authorized person for her representation, but that he cannot make independent decisions and the like. Also that the Constitution, which guarantees citizens local self-government, as well as the right to vote and be elected, was violated.
Vukčević is suspected of having violated the article of the Criminal Code, which states "an official who, by unlawfully using his official position or authority, by exceeding the limits of his official authority or by failing to perform his official duty, obtains a benefit for himself or another, causes harm to another, or severely violates the rights of another, shall be punished imprisonment from six months to five years".
As evidence for this, the applicants state that by refusing to schedule the session, he committed abuse of office, that he exceeded his powers, that he obtained an immaterial benefit for himself and his party because, as stated, even after the end of his mandate, he enabled the city authorities to continue lead Podgorica.
Andrej Milović, a member of the Presidency of the Europe Now Movement, accused Vukčević in a statement to "Vijesti" of arbitrariness, while in the statement he stated that he "acts as if he himself is the Election Commission, and not all its members as defined by the Law on the Election of Councilors and Members of Parliament ". He claims that the problem is the refusal to call a session, while Vukčević responded that there are no conditions for this because the majority of permanent IC members did not sign the request.
The president of IC Podgorica added that the illegal determination of the final election results before the adoption of final or executive decisions of the Constitutional Court would constitute a criminal offense of abuse of official position and that the request for convening a session with that aim was sent in order to incite the commission of that criminal offense.
Apart from the "disputing parties", that is, party representatives, none of the impartial and independent lawyers announced themselves to clarify the legal dilemmas surrounding the announcement of the Podgorica election results.
If Berane and Budva can, what Podgorica can't
Andrej Milović says that the practice of announcing election results has been created, despite appeals before the Constitutional Court. Before that instance is the constitutional appeal of the Civil List from Budva, where the final election results were announced and the formation of the government began.
Previously, the US could not make a decision on the appeal of the actors of the local elections in Berane at the end of March this year, because it did not require a majority. The final results, however, were announced in the meantime and the government was formed in that municipality.
"If we look at the practice by which the municipal commissions were guided, the practice in Podgorica would also be the same. However, he leaves his jurisdiction to prevent the organization of the session because he assumes that the majority of members will announce the results. And that's why he knowingly breaks the law," says Milović.
He expects the SDT to consider the application under an accelerated procedure because, he states, it is a matter of political and state interest, "the rights of voters and the establishment of government in the capital are at stake". The criminal report submitted to the SDT says "urgent".
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