Although it is undeniable that he comments on matters that are not within the competence of the President of Montenegro, it would be too harsh to say that the head of state Jakov Milatovic interferes with the work of the Government, because there is no evidence of direct influence in matters of the executive power.
That's what a civic activist told "Vijesti". Stefan Djukic commenting on the actions of Milatović, whom a part of the public and the party accuses of going beyond the constitutional and legal powers given to him by the presidential office with some of his actions.
Among the latest examples of such activity is that he is Milatović's advisor for regional development Aleksandar Stijović announced at the end of December that Scandinavian investors are interested in investing in two state-owned companies - EPCG Željezara and Plantaže.
Before that, Milatović criticized his party colleague and the Prime Minister Milojko Spajić because of the way he forms the Government, suggested to him who he should invite to it, then commented on the number of vice-presidential positions in the executive branch, met with the workers of the mining and metal industry, talked with representatives of the European Bank for Reconstruction and Development about investments...
While the Government did not answer the questions of "Vijesti" about whether Milatović interferes in their work, his advisor for the political system and internal policy Biljana Papović claims that the president does not.
She states that Milatović's comment on the number of vice-presidents in the Government did not enter into the jurisdiction, personnel solutions or political negotiations, but that "it was shown that efficiency and optimal structure must be a priority when creating institutions".
"That is also the primary goal of the public administration reform that the same government is implementing," adds Papović.
She further states that connecting the Government with potential foreign investors is part of the intention to achieve the best possible economic results through institutional cooperation and in accordance with the competences.
"Attempts to use these examples to support the thesis that President Milatović is stepping outside of constitutional jurisdiction can be either a matter of basic legal ignorance or bad intentions," Papović points out.
According to the Constitution, the president represents the country in the country and abroad, commands the Army based on the decisions of the Council for Defense and Security, promulgates the laws adopted by the Parliament and calls for elections. In addition, the head of state proposes a representative for the composition of the Government, two judges of the Constitutional Court and the protector of human rights, appoints and recalls ambassadors at the proposal of the Government, receives letters of credit, awards decorations, grants pardons...
Papović also reminds of the role of the president in the legislative process and the authority to review the content of a certain law before promulgation and the possibility to return to the Assembly for re-decision a law that he considers to have certain deficiencies (the so-called suspensive veto).
"Achieving this function of the president is impossible without prior active monitoring of the social circumstances that led to the adoption of a certain law and potential preventive pointing out of problems in certain areas. This certainly does not mean 'interfering' with the competence of any other body, because no state body under its jurisdiction has a monopoly on the expression of views or opinions in the areas in which it operates, but it is the inalienable right of every individual in Montenegro", says the interlocutor. .
Stefan Đukić notes that it is indisputable that Milatović comments on things that are not within his jurisdiction, and that everyone knows that. However, he says that, on the other hand, since the Government represents all citizens, including the president in terms of policy implementation, every citizen has the right to comment, suggest, "interfere" in the work.
"Perhaps the president has this obligation more than the others, since he is the only office that is directly elected by the citizens and knows exactly how many 'votes' he carries. The fact that he must not exceed his powers under any circumstances, and we have seen that this is not easy because they are not well defined due to bad laws and the Constitution (and we saw that in the last mandate Milo Đukanović), does not mean that he should not give his opinion", notes Đukić.
Stating that Milatović and Spajić are from the same party (Pokret Evropa Sad), the interlocutor says that between them there are obviously different interpretations of how politics should be conducted, adding that this is a good thing.
"That can only lead us to a more democratic society, and maybe even better laws," says Đukić.
In a New Year's interview for "Vijesti", responding to the question of why there is no consultation with the Government regarding diplomatic activities and the representation of the country and the conduct of foreign policy, Milatović said that coordination of the work of the institutions of the system is lacking in Montenegro, in order for the system to provide better quality and results.
"I insist on institutional cooperation, and the president's cabinet invited the government already at the beginning of November for consultations on coordination and general harmonization of certain important topics in the field of foreign policy."
The president said that coordination is also necessary, i.e. discussion in relation to topics related to defense and security, and consultations in relation to many other important social topics, and that he is sure that it will probably come to its expression at the beginning of next year.
Since taking office, Milatović has dealt with some other issues that are potentially not within his jurisdiction - the platform for the country's accession to the European Union (EU), presenting the spatial plan in the president's building...
Biljana Papović says that the role, importance and powers of the president are clearly defined in the Constitution. He states that the fact that the president is the only person who is elected in direct elections, speaks in favor of the fact that he is one of the few individuals who can represent and represent Montenegro and its citizens with full constitutional legitimacy.
She adds that the president's foreign policy actions, as well as those related to internal politics, are carried out on behalf of Montenegro, with the aim of fulfilling state priorities, and not in the personal and private capacity of the individual who performs that function.
"Let's take for example the process of European integration, as one of the key priorities of Montenegrin society. It is a set of reforms that must be implemented in our political system, in order to fulfill the EU criteria necessary for full membership, in numerous areas - the rule of law, the electoral process, public administration reform, economic reforms, social policy, education, environmental protection... .”.
Papović points out that pointing out the necessity of reforms and improvement of public policies in these areas is precisely the duty and obligation of the president, bearing in mind that European integration is one of the key priorities of foreign policy, which is supported by over 80 percent of Montenegrin citizens.
"We cannot talk about speeding up the European path if we do not encourage reforms and the establishment of functional and efficient institutions internally," said Papović, saying that the conclusion is clearly imposed "that the synergy of political legitimacy and the constitutional obligation to represent Montenegro in the country and abroad, It imposes on Milatović the obligation to represent the interests of the state, its citizens at all levels".
Papović: Milatović's moves are fully in line with the Constitution
Papović said that trivializing the president's public speeches in a way that is characterized by colloquial phrases such as "interfering with authority", "entering authority" and the like, which, she claims, have no basis in the constitutional and legal system, cannot cancel the fact that every its activities so far were fully aligned with the competences established by Article 95 of the Constitution of Montenegro.
"In this sense, the president will continue to act in the future respecting his competences, maintaining his indisputable right to decide according to social issues of public interest", she concludes.
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