Administrative Court: Illegal decision by which Krstović was dismissed from the post of President of the Zeta Municipal Assembly

The Administrative Court overturned the decision of the Zeta Municipal Assembly from August 25 last year, which dismissed Luka Krstović from the position of president of that local parliament.

The court stated in a statement that the disputed decision is illegal.

"A group of 12 councilors from the DNP, NSD, PZP and Prava Montenegro submitted a request to the Assembly of the Municipality of Zeta on 31.05.2023/25.08.2023/XNUMX to convene a session in order to make a decision on the dismissal of the President of the Municipality of Zeta. At the session of the Assembly of the Municipality of Zeta held on August XNUMX, XNUMX, a Decision was made on the dismissal of the President of the Zeta Municipal Assembly.

"Article 60 paragraph 1 of the Statute of the Municipality of Zeta prescribes that the President of the Assembly may be dismissed before the end of the term for which he was elected if he does not perform the duties established by law, the Statute of the Municipality and the Rules of Procedure of the Assembly, abuses his position, damages the reputation of the position he performs by his behavior, occurs from cases of incompatibility of functions in accordance with the law and when the Assembly judges that he is unfit to perform the function.

"Article 93 of the Rules of Procedure of the Assembly stipulates that a record is kept of the work of the Assembly session, which contains the names of the councilors who did not attend the Assembly session, basic information about the work at the session, the participants and the discussion, and the conclusions adopted in connection with certain items of the agenda and the names of the acts In addition, the results of voting are entered in the minutes, among other things, and the approved minutes, which are drawn up by the Secretary of the Assembly, are signed by the President of the Assembly and the Secretary of the Assembly.

"The provision of Article 33 paragraph 5 of the Law on Administrative Disputes (Official Gazette of the Republic of Montenegro, No. 60/03 and Official Gazette of Montenegro, No. 32/11) stipulates that the court makes a decision based on the factual situation determined in the case files, while Article 27 paragraph 3 of the same law prescribes the defendant's obligation to submit all case files to the court.

"Bearing in mind that the minutes of the VII session were not attached to the case files, as written evidence of the actions taken from the session of the Zeta Municipality Assembly, which was held on August 25.08.2023, 60, at which the disputed decision was made, and that the defendant SO Zeta did not submit all files related to the case, the Court was unable to examine the factual situation contested by the lawsuit. Apart from the above, the contested decision does not contain an explanation, as an essential element of the administrative act, but only stated that the president of the Municipal Assembly of Zeta was dismissed from the post of LK , so as it is not about the termination of the mandate due to resignation or by force of law, the decision on dismissal had to contain some of the reasons for dismissal, prescribed by the provisions of Article 1 paragraph XNUMX of the Statute of the Municipality of Zeta, which were absent in this case, from which For this reason, the challenged decision is illegal," the announcement on the official website of the Administrative Court states.