The Montenegrin law does not define the obligations of the Assembly in relation to petitions that gather enough signatures on the parliament's website to be processed.
On the website of the Montenegrin Parliament, it is currently possible to sign five petitions (in electronic form), of which two have more than 6.000 signatures, which is necessary in order to eventually reach the Government - Petition for the adoption of the resolution on the condemnation of Israel's crimes in Palestine in the Assembly of Montenegro and Petition for changes to the Ordinance on Medical Devices denying the right to sensors to adult patients with Type 1 Diabetes Mellitus.
The Assembly decides whether a topic meets the requirements for submission in the form of a petition, and all those that receive 6.000 signatures, the competent committee should turn into a formal initiative and submit to the Government for its opinion, it is written on the Parliament's website. The Parliament has the right to reject a petition if it judges that "it conflicts with the strategic commitments or key national or foreign policy priorities of Montenegro".
The e-petition requesting the adoption of the law, as well as, if necessary, the e-petition considered by the competent working body, will be forwarded to all members of the Assembly. According to the Constitution, 6.000 voters have the right to propose laws, through deputies whom they authorize.
An MP who is a member of the parliamentary committee responsible for the issue addressed by a particular petition can put that issue on the agenda of the committee session.
"The collected 6.000 signatures do not legally oblige any member of parliament to propose that topic, nor does it define the time limit by which he must do it," they told "Vijesti" from the parliament. This issue, they explain, should be included in the law on the Assembly, when it is passed.
The website of the Assembly states that 2023 petitions were submitted in 40, of which 22 did not gather enough signatures, 14 were not within the jurisdiction of the Parliament, three are being processed, and one has been considered.
Since the creation of this service, the threshold of 6.000 signatures has crossed the threshold of XNUMX signatures, apart from the two current ones, four petitions - a petition to improve living conditions for children and persons with special needs, to increase prison sentences for crimes against sexual and sexual freedom, to ban TikTok in Montenegro and for saving the "Dr. Simo Milošević" Institute.
However, only the petition to save the Institute was considered by the competent Committee for Health, Labor and Social Welfare.
"Petitions for many are the first step in some kind of activism"
Coordinator of the Democratization and Europeanization program at the Center for Civic Education (CGO) Mira Popović Trstenjak, says it is difficult to assess why only one petition was considered.
"It is indisputable that in a democratic society, which we strive for in principle, civil initiatives must be given due attention, especially if they are initiatives that are important for people's lives and health. After all, the primary, although often forgotten, obligation of decision-makers is to work in order to improve the lives of citizens, but also to respect all those who took the time to try to contribute through some form of civic activism, and petitions like this are one of them. solving a problem", she assesses.
The Center for Civil Liberties (CEGAS) believes that petitions can be a useful tool for citizens' participation in the creation of public policies, if there was an obligation to discuss them and ultimately decide, after collecting enough signatures.
"Authorities and committees must discuss and decide on petitions within a reasonable period, which should be specified, so that we do not end up in a situation where we wait indefinitely," he states. Jovana Božović from this organization.
Popović Trstenjak believes that ignoring the efforts of citizens is undoubtedly discouraging and adds that empirical data confirms this.
"In fact, our recently presented research, within the M'BASE project, indicated that civic activism is in decline compared to the same research we conducted in 2021, with a considerable increase in those who do not believe that their action would do anything changed, which is a reflection of disappointed expectations", she explains.
Popović Trstenjak points out that for many, signing a petition is the first step in some kind of activism, and that if citizens are cut short, it is not an incentive for the further development of activism.
"The meaning of petitions is lost, which, after a huge mobilization of the public, remain somewhere in the drawers of decision-makers without any feedback. Not every petition has to be adopted, but it is an elementary order that if it meets the formal and legal requirements, a discussion about it is organized", she believes.
Božović says that the meaning of petitions is not lost due to the absence of a legal framework for the competent committee to discuss them when a sufficient number of signatures are collected, because their existence is necessary.
Nevertheless, she agrees with Popović Trstenjak that deciding on them should become legally mandatory within a clearly set deadline.
"Everything else is prolongation, legal uncertainty and creation of distrust in this institute by the citizens, for whom it is intended," she points out.
Božović assesses that citizens are not sufficiently educated about models of direct participation in decision-making, such as petitions, citizens' initiatives, the "free chair" model, citizens' assemblies, local and municipal referendums, that these legal mechanisms are not sufficiently well developed through the legal framework, but also that competent institutions do not encourage them as they should.
Three active petitions on the parliament's website
As for the petitions that can still be signed, one proposes measures to rationalize budgetary funds for higher education. In the explanation of this petition, it is stated that it is necessary to prevent double financing of the same study programs, the establishment of duplicate public institutions, as well as that it is necessary to bring all public institutions of higher education under the umbrella of the state university.
The second refers to the abolition of the "Mostina" landfill in Rožaje, because, its initiators point out, it endangers the health of 10.000 people.
The last petition demands the passing of the Resolution on communist crimes in Montenegro. Its initiators, referring to the resolution of the European Parliament, demand the investigation of the crime, the suppression of symbols, including the naming of public areas and institutions after the holders of power from that period and the establishment of a culture of memory through educational, cultural-scientific and any other form of state policy.
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