Although the mandate of local assemblies lasts four years, the Šavnica assembly, although it was constituted seven years ago, could soon elect the first person of that municipality, as the current mandate expires in February.
Jugoslav Jakić He was elected to office on February 18, 2021, by the votes of his Democratic Party of Socialists (DPS) and Social Democrats (SD), when he replaced Vlatko Vuković (DPS) who resigned, meaning his four-year term will end on that February day this year.
On the other hand, the mandate of the current Šavnica parliament began at the end of June 2018, but has not ended after four years, but is still ongoing because local elections in that municipality have not been completed since autumn 2022.
According to the Law on Local Self-Government (Article 37), the mandate of the assemblies at that level lasts four years, and the mayor is elected (Article 56) no later than 30 days after their constitution, or (Article 66) no later than 30 days after the end of the mandate of the (previous) mayor. At the same time, the Law on the Election of Councilors and Representatives (Article 5) stipulates that the mandate of these citizens' representatives lasts four years, but that their mandate (Article 14) ends on the day the mandate of the representatives in the new convocation of local parliaments is confirmed.
Considering the above, the question arises: would the re-election of Jakić or the election of another candidate for president of the Municipality of Šavnik from the current convocation of the local assembly, formed seven years ago, be in contradiction with the Law on Local Self-Government, or would it, even if legal, represent a new legal and political absurdity in the Durmitor town?
The Ministry of Public Administration (MPA) announced to "Vijesti" that they would answer questions about this today.
President of the Municipal Assembly (MA) of Šavnik Nadezhda Kotlica, told the newspaper yesterday that the session to elect the city leader has not yet been scheduled, and that therefore she cannot announce whether the candidate will be Jakić or someone else.
Asked whether the decision of the parliament constituted in 2018 to elect the first man, Šavnik, would be legal, she replied that the circumstances were "specific", recalling that Jakić came to office after his predecessor resigned, and that "the law says that the mandate lasts four years".
"It is not our fault from the DPS that the 2022 elections are not being completed, but rather the fault of the representatives of the DF (Democratic Front) and the Democrats in the Šavnica MEC (Municipal Election Commission) who are not allowing it," said Kotlica.
Jakić did not respond to "Vijesti"'s questions about whether the Municipal Assembly would re-elect him, and whether his re-election or the election of someone else would be contrary to regulations.
Noting that it is true that there cannot be an interruption in the exercise of power until the election of its new representatives, that the mandate of councilors ends with the election of new ones, and that the mandate is limited to four years, the lawyer Boris Marić says that after the expiration of that period, the question of the legitimacy of the decisions of the Municipal Council of Šavnik, and in particular - the legitimacy of the possible decision on the election of the mayor, is undoubtedly raised.
He told "Vijesti" that the "Savnik case" is "worrying evidence that political entities, in order to achieve their party goals, are causing deep social and systemic crises."
"Today we have both local government crises in Budva and Kotor, and the fact that the parliamentary committee that is supposed to deal with the reform of the electoral system is stalling. Instead of having solutions for the debacle of the local self-government system, as well as the political will to reach a solution through dialogue, we are getting new manifestations of the crisis of the system in Šavnik, with an increasingly serious problem of legitimacy," Marić assesses.
The interlocutor says that the question of the legitimacy of the entire system of government in Montenegro could be raised if the state cannot ensure the implementation of elections, that is, the Constitution and laws.
"The Šavnik case will not be resolved by itself and by turning a blind eye. It has shown us the impossibility of numerous legal solutions and the major problems of the functioning of state bodies, as well as the political system. Time has long been no ally, so the Electoral Reform Committee, as well as the Government, would have to come up with a set of legal and institutional proposals, with solutions and a platform for political and social dialogue," says Marić. The elections in Šavnik began on October 23, 2022, when they were held in 13 more municipalities, but were not completed because members of the polling stations from the opposition coalition "For the Future of Šavnika", 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.
At two polling stations, in the Municipality building and in the village of Kruševice, where 541 voters are eligible to vote, voting took place nine times, the last time on December 18, 2022, when the elections were again interrupted, after which the local MEC could not agree on repeating them. The State Election Commission (SEC) regularly holds sessions at which it acts on complaints regarding the elections in Šavnik and issues the same decision (there are over 150 of them) ordering the MEC Šavnik to make a decision on repeating the elections. However, when the MEC president schedules a session, the results of the vote on repeating the elections are such that a decision cannot be made - four votes in favor and four abstentions.
So far, dozens of people have been prosecuted before judicial authorities for events related to the elections in Šavnik, which included numerous incidents, including physical clashes.
In order to resolve the Šavnik crisis, the government decided at the end of March last year to introduce compulsory administration in the municipality, but withdrew the decision in early June, as this was one of the opposition's conditions to "unblock" the work of the electoral reform committee. However, there has been no progress in resolving the Šavnik crisis since then.
In Kotor, there is also mention of the activation of the "old" municipal assembly
The elections cannot be completed in Kotor either, and Vladimir Jokić (Democrats), the municipality's previous mayor, expired at the end of October last year. Due to complaints regarding two polling stations, the final results of the September elections have not yet been announced, and therefore a new government has not been established.
Jokić told Television "Vijesti" on Wednesday that there are three possible solutions to the crisis - for DPS to withdraw its appeals before the Constitutional Court, the election of a new Constitutional Court judge, or the activation of the "old" convocation of the Municipal Assembly, which was constituted in 2020.
"The third option, which we have been running away from, is that, if this crisis persists, as responsible people towards this city, towards the interests of the citizens, the interests of the tourism industry - for the old assembly, which is in its mandate until the verification of the new councilors, to take over the management of the city, that is, to start fulfilling its legal obligations, to start the system that is currently blocked as a result of this behavior of the DPS...", he stated.
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