Spajić agrees, DPS weighs up: EU proposes that "Venetians" get involved in resolving the crisis caused by the Constitutional Court

"Vijesti" has learned unofficially that Prime Minister Milojko Spajić and the leader of the strongest opposition party, Danijel Živković, spoke yesterday in Podgorica with the head of the EU Delegation, Johann Sattler, who suggested engaging the "Venetians"

129049 views 320 reactions 120 comment(s)
Živković and Spajić, Photo: Bojana Ćupić/Government of Montenegro
Živković and Spajić, Photo: Bojana Ćupić/Government of Montenegro
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

Prime Minister and the Europe Now Movement (PES) Milojko Spajic and leader of the opposition Democratic Party of Socialists (DPS) Danijel Zivkovic, met yesterday in Podgorica with the Head of the European Union (EU) Delegation to Montenegro Johann Satler, who suggested that the Venice Commission (VC) be involved in resolving the political crisis resulting from the events regarding the Constitutional Court, i.e. to examine the decisions that led to the termination of the judicial function Dragani Đuranović - "Vijesti" learned unofficially.

According to the newspaper, the meeting was held at the premises of the EU Delegation, and Spajić agreed to Sattler's proposal, while DPS is allegedly weighing up, so their response is awaited.

The Venice Commission is an advisory body of the Council of Europe that deals with constitutional issues.

The opposition claims that the Constitution has been violated because the Parliament, without the mandatory notification of the Constitutional Court, decided in mid-December last year to terminate Dragana Đuranović's judicial function in that court, due to her qualifying for retirement under the Pension and Disability Insurance Act (PIO). They are therefore demanding that things be restored "to the previous state", stating that, otherwise, they will not allow the Parliament to work.

The option of "activating" the VK in connection with the events in Montenegro was allegedly mentioned, according to unofficial information from "Vijesti", by the European Commissioner for Enlargement. Marta Kos at a meeting with the opposition, which was held on Thursday in Podgorica.

How do "Venetians" get involved?

When asked whether Kos spoke to the opposition about the VK, the European Commission (EC) Press Service told "Vijesti" that during her two-day visit to Montenegro (Thursday and Friday) the Commissioner "encouraged all political forces to come together to overcome the current impasse and provide the broadest support for EU-related reforms", and that she offered the EC's support "in exploring possible solutions in the interest of Montenegro and its path towards EU membership, including the possibility of an assessment by an independent international body".

Offered help and called for unity: Marta Kos in the Montenegrin Parliament
Offered help and called for unity: Marta Kos in the Montenegrin Parliamentphoto: Boris Pejović

The interlocutor, familiar with the way the “Venetians” work, explains that they respond to a request for an opinion from any authorized body. He states that the right to request an opinion lies with the Parliament, its working bodies (committees), the Government, the Head of State, the Constitutional Court, the Supreme Court, and that the opposition does not have the possibility to request it independently. He claims that this body of the Council of Europe would react if a state institution managed to substantiate the claim that the Constitution is “endangered”. Another option, he says, is for the Parliamentary Assembly of the Council of Europe to request an opinion.

"But, as far as I can tell, I don't see anyone seeing Montenegro as too big a problem," said the "Vijesti" interlocutor, adding that the Parliamentary Assembly seeks an opinion from the Supreme Council in cases of "problematic countries" and noting that most opinions on Hungary, Turkey and Russia were initiated by that parliament.

The expert states that the "Venetians" have had innovations in recent years, such as issuing urgent opinions, which can be given between plenary sessions, in situations of crisis. He recalls that in this way, in 2022, the commission gave an opinion on amendments to the Law on the President, which was requested by the then Montenegrin head of state. Milo Djukanovic, after returning the act to parliament for reconsideration.

At the end of June 2023, the Constitutional Court unanimously repealed the adopted amendments to the law, which stripped the president of some of his powers.

Kos met with the President of Montenegro in Podgorica Jakov Milatović, Head of the Assembly Andrija Mandić, Prime Minister Spajić, and the leaders of the parliamentary opposition, saying, among other things, that accession to the Union must be a "national project, in which everyone will be included."

At the meeting with Kos on behalf of the opposition were leaders of DPS Živković, Civic Movement URA Dritan Abazovic, Social Democrat Damir Sehovic, Croatian Civic Initiatives (HGI) Adrian Vuksanovic, as well as an independent MP Jevrosima Pejović.

At a press conference after the meeting with Kos, Živković said that "there were several words from the Commissioner about whether some European institutions could help...", but he did not specify which institutions were in question.

"But we have clearly sent a message that the opposition, I mean the DPS, will not allow sessions to be held in the coming period, until things return to their previous state. If we add to that the behavior of this majority in Budva, where they are preventing the formation of a government, then it is clear that the Constitution no longer applies here, the laws do not apply, there are no institutions...", he said, underlining that the DPS will not allow the session of the legislative chamber scheduled for January 21st to be held, the agenda of which includes, among other things, the state budget proposal.

Živković said that the "crisis in Montenegro" can be resolved within five minutes, "if there is political will."

"But there is no such will because Mandić commands this parliamentary majority, and he does not want Montenegro to become an integral part of the EU," claims the DPS leader.

Is the opposition writing new demands?

The day before yesterday, while appearing on Television "E", Živković said that there would be no "regular parliamentary and political life in the Parliament" until the opposition's demands were met, and that the "repertoire" of their response would likely "be expanded." A source for "Vijesti" from the opposition claims that these parties are preparing a "new maneuver", that is, that they will "strengthen the list of demands", and, as he explained, in the context of events that have taken place in the meantime.

"We have the conclusions of the capital's Assembly (regarding the recent massacre in Cetinje, in which 13 people died, ed.), but also the inability to constitute local authorities. Since they do not want to return things to the previous state, we have to raise the bar," the interlocutor says.

In addition to the demand to withdraw the conclusion of the Constitutional Committee stating that Đuranović had ceased to hold office, the opposition has previously asked the authorities to sign an agreement with them that would guarantee that amendments to the Constitution and the Law on Montenegrin Citizenship will not be adopted without "absolute consensus".

Due to the events regarding the Constitutional Court, which the opposition calls a "constitutional coup" (claiming that it was done in order to postpone local and state-level voting until 2027), the DPS announced the possibility of protests, assessing that a "red line" had been crossed.

At the same time, the ruling majority responded that this was an attempt to keep "some of the party judges" in office who "unlock from prison cells those who have reached justice."

BS on Monday about budget support

While part of the opposition is announcing obstruction in parliament, the parliamentary group and the Presidency of the ruling Bosniak Party (BS) are planning to hold an extraordinary session on Monday, at which they are supposed to decide whether the party will support the adoption of this year's budget - "Vijesti" has learned unofficially.

A source from the newspaper from that party claims that support for the budget is questionable and that the reason for this is the question of "whether the Government wants to fulfill the European agenda and whether everything promised to citizens will be realized through the budget."

"Vijesti" announced at the end of last week that minority parties are planning to develop a joint platform that will ask Prime Minister Spajić to decide on the moves of Parliament Speaker Mandić, which they believe are causing divisions in Montenegrin society and damaging Montenegro's relations with its neighbors.

The plan to write a platform comes shortly after minority political entities agreed at a meeting to work together "to fulfill the political priorities of smaller peoples", and called on all political actors to engage in dialogue "in order to overcome the current political crisis caused by the conclusion of the Constitutional Committee", which concluded that Dragana Đuranović had ceased to hold office.

Most minority political entities are part of the government - in addition to BS, there are also the Albanian Forum and the Albanian Alliance, while the Democratic Union of Albanians and HGI are in opposition.

EC: Establish criteria for the retirement of judges and prosecutors

The EC press service told "Vijesti" that the EU calls on all Montenegrin institutions to respect the rule of law and adhere to the Constitution.

"This is crucial for Montenegro's path towards the EU," it was stated.

The EC states that the Union once again urges Montenegro to amend the current legal framework in order to establish a special regulation on labor rights, including criteria for the retirement of judges and prosecutors, which should be in line with European standards and existing recommendations of the Supreme Court.

"The EU calls on all authorities and political leaders to ensure the full functionality of the Constitutional Court as a key mechanism for the rule of law and democratic stability, including ensuring timely appointments based on merit, transparency and legal requirements," the EC said.

The cause of the problem in the Đuranović case, as well as when some former judges of the Constitutional Court ceased to hold office, is the disputes among the judges of that court over which act they should retire under - the Pension and Disability Insurance Act or the Labor Act.

Bonus video: