The Constitutional Court did not make a decision on the appeal of the Kotor DPS

DPS appealed against the SEC's decision to reject their complaint regarding the elections at two polling stations in Kotor

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Photo: Luka Zeković
Photo: Luka Zeković
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

At today's session, the Constitutional Court did not make a decision regarding the appeal of the Democratic Party of Socialists (DPS) against the decision of the State Election Commission (SEC) to reject their objection regarding the elections at two polling stations in Kotor.

"The Constitutional Court of Montenegro, composed of: president Snežana Armenko and judges - Dragana Đuranović, Desanka Lopičić, Faruk Resulbegović, Momirka Tešić and Budimir Šćepanović, did not make a decision in case U-VII number 20/24, because the proposal of the judge-rapporteur did not receive the constitutionally prescribed the necessary majority to make a decision," said that court.

According to the unofficial information of "Vijesti", three judges were in favor of accepting the appeal, and three were against it.

At its session on Monday, the Constitutional Court rejected the proposal of the president of that court, Snežana Armenko, that today's session be public, in the presence of journalists.

The decision was not made, because the proposal did not receive the necessary majority prescribed by the Constitution. That session was attended by five judges out of the existing six, considering that Desanka Lopičić was absent and the number of votes was 3:2.

Even on October 24, the Constitutional Court did not make a decision on the appeals of the President of Kotor Municipality, Vladimir Jokić, regarding two polling stations, because the result of the vote was 3:3. The Constitutional Court clarified in a statement that three judges took the position that they have the authority to examine the election dispute in essence, while three of them considered that the election procedure is strictly formal and that they should only examine procedural irregularities in the work of the competent election commission.

Judges Momirka Tešić and Snežana Armenko and judge Faruk Resulbegović were in favor of examining the essence of the election dispute. Judges Desanka Lopičić and Dragana Đuranović, as well as judge Budimir Šćepanović, were against it. The Constitutional Court currently has six judges, out of the seven prescribed by law, because Judge Milorad Gogić became eligible for retirement at the end of May, and the Assembly has not yet elected his deputy.

According to the preliminary results of the elections in Kotor, held on September 29, DPS and the coalition Movement Europe Now-Democrats each won ten mandates, the alliance "For the Future of Kotor", Grbljanska Lista and Democratic Alternative three each, the European Alliance two, and the Croatian Civic Initiative ( HGI) and the Kotor movement for a mandate. By repeating the elections at two polling stations, DPS can "seize" the mandate from PES and the Democrats.

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