The President of Montenegro, Jakov Milatović, did not call for new local elections in Savnik today.
Among other things, Milatović said that, bearing in mind that the mandate of the current convocation of the Municipal Assembly expired in June 2022, its dissolution by Government Decision after the expiration of the term for which it was elected, cannot result in the calling of new elections in the municipality of Šavnik.
We transmit the announcement in its entirety:
"Regarding the Decision on the dissolution of the Municipality of Šavnik (Official Gazette of Montenegro, number 29/24) adopted by the Government of Montenegro, I would like to point out the following:
"Article 37 paragraph 1 and 2 of the Law on Local Self-Government stipulates that the mandate of the municipal assembly lasts four years, and that its mandate may end before the end of the term for which it was elected, by dissolving or shortening the mandate.
"Article 37 paragraph 4 of the same Law prescribes that in the event of the termination of the mandate of the assembly before the expiration of the term for which it was elected, the President of Montenegro shall call for elections on the following day from the date of entry into force of the decision on dissolution, i.e. from the date of entry into force of the decision on shortening the mandate assembly.
"The provision of Article 15 paragraph 2 of the Law on the Election of Councilors and Members of Parliament prescribes that in the event of the termination of the mandate of the municipal assembly, before the expiration of the term for which it was elected, the President of Montenegro shall call for elections on the following day from the day of its dissolution, i.e. the following day from the day of its entry into force decisions on shortening the mandate.
"Based on the cited legal solutions, it follows that the obligation of the President of Montenegro to call elections for councilors of the municipal assembly, in the mentioned cases, is constituted only when the dissolution of the municipal assembly occurred before the expiration of the term for which it was elected, i.e. during the duration of the four-year mandate.
"In the specific case, and bearing in mind that the mandate of the current convocation of the Municipal Assembly expired in June 2022, its dissolution by the relevant Government Decision after the expiration of the term for which it was elected, cannot result in the calling of new elections in the municipality of Šavnik.
"Additionally, I would like to point out that the implementation of the election process in the municipality of Šavnik, which began with the holding of the election on October 23, 2022, based on the Decision on the announcement of elections for councilors (Official Gazette of Montenegro, no. 86/22 and 94/22 and Sl. . list of Montenegro - Municipal Regulations, No. 38/22 and 42/22), which was adopted by the former President of Montenegro. I emphasize that the aforementioned Decision was adopted in a legal manner, that it is still in legal force, and that the adoption of a new decision in the same legal matter, in addition to violating Article 37 paragraph 4 of the Law on Local Self-Government and Article 15 paragraph 2 of the Law on the Election of Councilors and Members of Parliament, it also meant a violation of the legal order and legal security in the country.
"It is also important to point out the position expressed by the State Election Commission, contained in the response to the Ministry of Public Administration (Act No. 115/2 dated March 12, 3), which indicates that the election process at two polling stations in Šavnik is ongoing , i.e. that the elections were not conducted at the polling stations of Sala SO Šavnik and the Kruševica pub, which results in the fact that the voters who were registered in the voter list at these polling stations did not exercise their right to vote.'' at the said polling stations, must be ensured within the ongoing electoral process, especially bearing in mind that this is a right guaranteed by the Constitution.
"Once again, I appeal to all competent institutions to contribute with responsible and dedicated work to the finalization of the election process that has begun, in order to establish new local self-government bodies in the municipality of Savnik as soon as possible," stated Milatović.
Bonus video:
