Budva's legal doubts about the new convening of the Assembly: The session is still scheduled by Jovanović

Nikola Jovanović is not the president of the Budva Municipal Assembly, but that is why he has the legal authority to schedule the constitutive session of the new convocation of the local parliament after the November elections, the second extraordinary election this year that the metropolis of tourism is going through.

This stems from the answers that were submitted to "Vijesta" from the office of the Minister of Public Administration Maraš Dukaj.

Namely, Budva found itself in a legally complicated situation, because after the extraordinary elections in May, the parliament was not constituted, and then new local extraordinary elections were scheduled for November.

Bearing in mind that after the local elections in May, the parliament was not constituted, and the former President of the Municipal Assembly, Nikola Jovanović, was not notified of the termination of his mandate, "Vijesti" sent questions to Dukaj's cabinet to clarify to the public who currently holds the position of president of the Budva Municipality and who will after the upcoming November elections. to schedule a constitutive session.

"Article 45 of the Law on Local Self-Government stipulates, among other things, that the president of the assembly is elected by the assembly from among the councilors, and that the mandate of the president of the assembly lasts as long as the mandate of the assembly. Bearing in mind the aforementioned legal provision, as well as the fact that the Budva Municipal Assembly confirmed the mandate of the councilors of the new convocation of the assembly, and the fact that the provision of Article 14 of the Law on the Election of Councilors and Members of Parliament, among other things, prescribes that, on the day of confirmation of the mandate of the councilors of the new convocation, the mandate ends councilor of the previous convocation, it follows that the mandate of the former president of the Assembly has ended", the PR service of the Ministry of Public Administration wrote in the reply.

They also point out that the Municipal Assembly of Budva has not been constituted, that is, the president of the Municipal Assembly has not been elected, which is why elections have been announced in that municipality.

"In relation to the question of who will schedule the session of the assembly after the elections, we point out that this issue is governed by the provisions of Article 39 of the Law on Local Self-Government, according to which session is called by the president of the assembly of the previous convocation, and that if that session is not called and held, he calls the same session The Government", they emphasize from this government department.

And in the opinion of the former deputy secretary for legal protection of the Municipality of Budva Đorđe Zenović the law is clear that the mandate of the Speaker of the Parliament lasts as long as the mandate of the SO.

"The Law on Local Self-Government is very clear and you don't need to be an expert in law to come to a conclusion. Article 45 paragraph 3 prescribes that "The mandate of the president of the assembly lasts as long as the mandate of the assembly." Considering that the mandate of the parliamentary convocation in which Jovanović was elected as the president of the Council expired on the day of the verification of the mandate of the councilors of the new convocation, i.e. July 7, 2024, it is logical that the current president of the Council is no longer in office. This is also supported by Article 47 paragraph 1 point 1 of the same Law, which states that the mandate of the President of the Assembly ends by force of law at the end of the term for which he was elected. He was elected for the duration of the mandate of the previous convocation, and that is again the moment of mandate verification. The moment of the verification of the mandate and the moment of the constitution of the assembly should be distinguished, because the first happens by force of law and from that moment the councilors of the new convocation are in the mandate, and the second does not have to happen and is related only to the constitution of the assembly body and has nothing to do with rights and obligations in the exercise of councilor functions, which last until new elections and verification of new mandates", explains Zenović.

A new election campaign is coming up in Budva, which is expected to heat up after the local elections in Pogorica. Nevertheless, the city is still in the "spirit of the election", because practically on numerous billboards and other advertising objects along the city streets, roundabouts, public lighting, but also at the entrances to the city, there are posters of political parties, groups of citizens who performed at the May local elections.

As things stand now, most of them do not have to remove advertisements, because they will appear in the same formations with the same leaders in the new extraordinary elections, from which everyone expects that the political situation in Budva will finally stabilize and the government will be formed, which will last a full term. from four years.

We remind you that this is the fourth special election in the past four years that the metropolis of tourism is going through, which is why the city is suffering, and the consequences of bad management of the city in the light of turbulent political circumstances are evident from season to season.