The police and prosecutor's office should prosecute all those who break the law, but expecting that body and institution to primarily resolve political conflicts, which are a consequence of the political system and the failure to implement regulations, would represent a defeat for society.
This was assessed by the interlocutors of "Vijesti" when answering questions about whether the authorities, before possibly implementing electoral reform, must take action to prevent the increasingly frequent sabotage of electoral processes and changes of government at the local level, or to show that the state exists at that level as well.
The latest example of obstruction occurred four days ago in Budva, where the local alliance "For the Future of Budva" did not allow the local parliament session to continue, claiming that it should be led by their representative. Krsto Radjenovic and accusing a former party comrade and leader of the "Budva our city" list Nikola Jovanović for "betraying the electoral will" because he should form a government with the minority support of the Democratic Party of Socialists (DPS).
Officials, sympathizers and activists of the two "warring" factions of the former Democratic Front (DF) occupied the assembly hall, as well as the offices and corridors of the cabinet of the mayor of Budva Municipality, claiming that there were persons of security interest in the opposing camp.
Similar scenes took place in Andrijevica in 2023, when supporters of some parties prevented the work of the local assembly, while the most striking example of the blockade was in Šavnica - in that municipality, local elections were not completed even two years after they began.
The opposition claims that an attempt to "forcibly take over local government" took place in Budva on Friday, and that state institutions and the security sector were behind it. They have come under fire from the opposition and part of the public for their "lukewarm" reaction to the events in Andrijevica and Šavnik.
The Constitution (in Article 22) guarantees citizens the right to local self-government.
"Unfortunately, we are slowly getting used to the fact that where the election result is indisputable, we have elections as a celebration of democracy, and where different outcomes are possible, we have a problem. Suddenly, from a country on the doorstep of the EU (European Union), we become Georgia," said the lawyer and former Minister of Internal Affairs. Sergej Sekulovic.
He told "Vijesti" that the examples from Budva, Andrijevica and Šavnik have their differences and that the political context that led to "institutional chaos" is significantly different, but that there is an undeniable similarity that is reflected in "testing the functioning of democratic institutions."
"Whether we like it or not, a councilor and MP owns their mandate and votes according to their own convictions. This solution has its advantages and disadvantages. In order for the advantages to prevail, electoral lists should be clear during the campaign about who they can cooperate with after the election. This reduces the space for subsequent interpretations of the electoral will," says Sekulović.
Tensions rose in Budva on Friday after the list led by Jovanović proposed at the constitutive session of the Budva Municipal Assembly (MA) Petar Odžić (European Union) for the head of that institution. However, the session was interrupted due to the actions of sympathizers of the two camps, and has not yet resumed. There was almost a physical confrontation between Jovanović and the leader of the list “For the Future of Budva” Mladena Mikielja, whose conflict was prevented by security.
Lawyer and former Secretary General of the Government Boris Marić, told "Vijesti" that the state and its institutions show worrying weakness when it comes to the issue of implementing electoral processes and constituting local governments.
"This problem has its deep roots in the incorrect creation of the electoral system and the centralization of the local self-government system by the state, that is, political elites at the state level who are inclined to capture all institutions," he assesses.
Marić notes that one solution would be to pass a law on local elections, which would affirm open lists, on which citizens could elect their representatives.
"Now, here we come to the key obstacles - the Electoral Reform Committee is dysfunctional, because essentially nothing is changing for parliamentary parties...", he added.
The interlocutor states that the interpretation of the "electoral will" of the parties has replaced the constitutional and legal provision that the MP, or councilor, is the owner of the mandate. According to the Constitution (Article 85), the MP chooses and votes according to his own convictions.
He notes that institutions are powerless due to legal solutions, such as the relationship between municipal election commissions and the State Election Commission (SEC) and their politicization, and the situation in the Constitutional Court, "where it is assumed in advance how each judge will vote in relation to politically sensitive issues that come before them."
"As a society, we need to create a legal and political culture that will make these kinds of things (obstructions) impossible. Both are currently far away," Marić said.
Recalling that problems also exist in the regulations, and that they should primarily be eliminated by the Parliamentary Committee for Electoral Reform, Sergej Sekulović underlines that the main problem is still in political culture.
"It is difficult to predict to what extent all this will go. Government must be formed wherever there is a majority for it, regardless of subjective perception. If there is corruption or any other form of illegal influence, the competent authorities must provide a prompt response," he said.
The interlocutor also says that it is time for increased social dialogue and agreement on "where we want to go."
"The stakes in terms of the political interests of the parties are high, but another stake is on the table - our future."
In Andrijevica, similarly to Budva, a group of citizens, sympathizers of the local ruling parties, for several months during 2023 prevented the holding of a session at which a vote was to be held on the removal of the (then and current) mayor of the municipality. Željko Ćulafić (Socialist People's Party). That is why the municipality was governed by a Government Board of Trustees from March to September last year, when the new government was formed.
When it comes to Šavnik, the elections in that town have not been completed because members of the polling stations from the opposition coalition "For the Future of Šavnik", led by the former DF, did not allow some of the newly registered voters to vote because, they claim, they were copied to support the DPS.
Boris Marić assesses that the police and prosecutor's office were in a way passive in given situations, "when it comes to the presence of third unauthorized persons in the municipal premises." However, he claims that these bodies, or institutions, cannot interfere in the work of parliament and certain forms of political obstruction.
"It is a question of the unfulfilled norms and the political system. However, democracy is a process and there are no quick solutions, and any illegalities in the decision-making of the House of Representatives can be examined by the courts," he adds.
Sergej Sekulović said that the police and prosecutor's office must do their job, politically neutral and professionally, and to detect and prosecute without selectivity all those who violate the law.
"Of course, they also have a preventive role. However, expecting that primarily political conflicts are resolved by the police and the prosecutor's office would be a defeat for society. Let's remember Budva in 2020, or the arrest of a member of the Parliament of Montenegro. However, passivity in action also calls into question authority. Serious accusations have been made that must not remain without an institutional response," he notes.
The 2020 case mentioned by Sekulović refers to the decision of the then majority of councilors in the Budva Municipal Council, led by the DPS, to remove the then head of that municipality. Marko Tsarević from the former DF and speaker of parliament Krsto Radović from the Democrats at a session held in the tourist resort “Slovenska plaža” in Budva. Before that, Radović banned them from entering the local parliament hall, explaining that “the session was convened contrary to the law”.
Following the latest developments in Budva, the DPS said that the Police Directorate, at the behest of the Democrats, is an accomplice in an attempt to "forcibly seize power in Budva."
Misdemeanor charges against three people
The police questioned around 40 people over the disruption of the Budva parliament session, and misdemeanor charges were filed against three, the Police Directorate announced yesterday.
After the hearing, the police filed misdemeanor charges against three people - MM, BM and TG, on suspicion of violating the Public Order and Peace Act.
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