The Democratic Party of Socialists (DPS) insists that the government initial an agreement with the opposition that would introduce a moratorium on amendments to the Constitution and the Law on Montenegrin Citizenship, because it believes that this is not discussed precisely enough in the government platform “Barometer 26”, which it is offering for signature. On the other hand, the Europe Now Movement (PES) claims that the DPS rejects the document because it wants to continue the “identity campaign”.
This was unofficially told to "Vijesti" by the strongest opposition and government parties, answering questions about why both parties insist on their agreement, and what could be a compromise measure to reach an agreement on resolving the political crisis.
Prime Minister and head of PES Milojko Spajic and leaders of DPS and Social Democrats (SD) Danijel Zivkovic i Damir Sehovic, discussed on Monday evening the possibilities for overcoming the crisis caused by the events related to the Constitutional Court, namely the decision of the parliament to make a statement in mid-December last year without mandatory notification of the Constitutional Court. Dragani Đuranović termination of the judicial function in that judicial institution.
The meeting, held in Podgorica, was hosted by the Head of the European Union (EU) Delegation to Montenegro. Johan Sattler. The meeting, which was also attended by two of Spajić's colleagues from the PES, did not resolve the key contentious issue between the government and the opposition, the issue of an agreement that needs to be concluded in order to normalize the work of the Parliament after the expiry of the sentence for the opposition MPs who were removed from the plenary hall. According to "Vijesti", the earlier almost concluded agreement for the Venice Commission to give an opinion on the Đuranović case, which everyone would accept, has also become complicated.
"A deal neither too close nor too far"
A source from the DPS told Vijesti that they are insisting on signing an agreement that would introduce a moratorium on amendments to the Constitution and the Law on Montenegrin Citizenship because, he says, it is not specifically mentioned in the "Barometer 26", a platform on "joint obligations for completing negotiations with the EU". He states that the Prime Minister's party insists on a "general formulation" on identity issues in that document because, he claims, it fears the reaction of the head of parliament and the New Serbian Democracy (NSD). Andrije Mandić, which advocates changes to the highest legal act in the section on the official language and citizenship regulations in order to introduce dual citizenship with Serbia.
Asked whether DPS's claim that Spajić claims that PES would not vote for such changes if Mandić proposed them is a sufficient guarantee, the interviewee answered in the negative.
"If Spajić cannot sign the agreement (offered by DPS), he cannot guarantee that there will be no changes," he said.
When asked what concession DPS is ready to make in order to reach an agreement with the Prime Minister, the source said that they have already made such a move, offering to return to parliament and enable its work in full immediately after sending a request for an opinion to the Venice Commission, while they had previously proposed that the legislative chamber work only partially until the "Venetians" report arrives, that is, that the Parliament only decides on the budget and accompanying regulations.
Most opposition MPs are unable to attend plenary sessions because Mandić suspended them in early February for preventing the session that was supposed to decide on the budget (which was eventually adopted). The opposition obstructed the work of the Assembly because the ruling majority did not accept their request to annul the conclusion of the Constitutional Committee and Mandić's statement that Dragana Đuranović's office had ceased because she had fulfilled the conditions for retirement under the Law on Pension and Disability Insurance. The opposition claims that the Constitutional Committee and Mandić have taken over the jurisdiction of the Constitutional Court.
The interlocutor from DPS says that he thinks that they will manage to reach an agreement with PES about addressing the Venice Commission, but that the issue of an agreement is open.
"The deal is neither too close nor too far. But these are just starting positions," he added.
Mandić said he wouldn't sign "Barometer"
On the other hand, a source for "Vijesti" from PES said that everything that DPS demands was offered in "Barometer 26", and that he assumes that the strongest opposition party is trying to get the ruling majority to sign their document ahead of the elections in Nikšić and Herceg Novi.
"Our impression is that DPS is rejecting 'Barometer 26' because it does not want polarizing issues to be put aside, but rather wants a constant identity campaign," the source said.
The document, which the Government adopted in early December last year, states that all signatories commit to supporting the fulfillment of obligations from the "European agenda", to promoting a "political atmosphere of dialogue, cooperation and compromise", to leaving "polarizing issues" ("identity issues and other issues that may cause ethnic or religious tensions or destabilize the national security of Montenegro") to a "special mechanism for resolving these issues", which includes working groups, as well as parliamentary committees where the given topics will be addressed with expert support from the academic community...
However, Spajić did not offer the document to anyone for signature, and some constituents of the executive branch said they would not initial it. Mandić once indirectly said in parliament that he would not do so either.
"At the end of your mind, let me have what Prime Minister Spajić offered - that certain laws, which the Constitution stipulates are to be changed with the consent and will of the parliamentary majority, that I want and demand that this should be regulated by consensus...", he stated at a session of the legislative chamber.
The coalition agreement on power, which Mandić's NSD is also a signatory to, contains part of the government platform. It advocates support for EU integration, strengthening regional cooperation, and the absence of support for acts that create tensions in society...
Sekulović: PES and DPS offer the same thing
Lawyer and former Minister of the Interior Sergej Sekulovic, assessed that what is written in "Barometer 26" and what is offered by DPS are "essentially the same", and therefore he sees no objective reason why a compromise cannot be reached between the two sides.
He stated that it remains to be seen whether “partisan interests” will prevail, adding that the public interest is undoubtedly for the political process to return to “normal” and for energy to “focus on closing the negotiation chapters.” This is how the vast majority of Montenegrin citizens see it, he said.
"Will differences in technique prevail over public interest? The compromise measure is to put polarizing issues aside and turn to what is common. As far as I understand, 'Barometer' offers the same thing as the DPS proposal, it is only formulated linguistically differently and makes Spajić's position easier...", Sekulović underlined.
He assessed that it was good that a meeting between representatives of the government and the opposition took place, although, he said, it would have been preferable if an "external" mediator had not been needed.
"The good services offered by the EU are certainly a sign that we are being seriously counted on. Secondly, I think this is a political tactic, where reaching an agreement would be presented as a dominant 'victory' of one side. This may take some time, especially considering the proximity of the elections in Niksic," the source said.
The DPS, the European Alliance (of which SD is a part), and the Croatian Civic Initiative announced yesterday that at the meeting hosted by Sattler, the previously stated position "on the opposition's readiness to sign an agreement that would resolve the deep political and institutional crisis that has lasted for months..." was reiterated.
This document, they claim, would guarantee that without reaching a consensus, no solutions "that divide the public" will be proposed, such as amendments to the Constitution and the Law on Montenegrin Citizenship. The agreement, they add, would entail a joint definition of a specific issue that would be sent to the Venice Commission, with an obligation for all parties to act in accordance with the opinion received.
"In the event of signing the agreement, the opposition would return to the regular working regime in the Parliament...", it was announced.
The Đuranović lawsuit is not an obstacle to calling the "Venetians"
As "Vijesti" reported yesterday, Spajić's proposal to seek the opinion of the "Venetians" was allegedly acceptable at the meeting with Živković and Šehović, but the Prime Minister said that because of his "Taliban for the rule of law", he found it objectionable that Đuranović had in the meantime sued the Parliament in court (for discrimination), so it would not be good to degrade domestic courts.
"The PES Club is acceptable to the Venice Commission, but in such a way as not to jeopardize the dignity of the domestic judiciary, which has just been consulted on the same issue by the potentially injured party (Đuranović). In essence, the Venice Commission does not want to get involved in proceedings that are already before domestic courts," a participant in the meeting from the government told "Vijesti".
Vice President of the Council for Democratic Elections of the Venice Commission and professor at the Faculty of Political Sciences in Podgorica, Srđan Darmanović, told "Vijesti" yesterday that the opinion of the "Venetians" can be sought regardless of the phase in which the internal political or legal process is.
He explained that the Commission is not an international judicial body, but an expert body of the Council of Europe, and that it does not issue binding judgments, but only provides opinions at the request of states or at the request of the Parliamentary Assembly of the Council of Europe.
"Vijesti" sources from the meeting said that the head of the EU Delegation took on the obligation to ask the "Venetians" when they could give an opinion, and what it could be, without disrupting the work of domestic courts.
About the government reshuffle next week?
A source for "Vijesti" from the PES also said that at the first session of the regular spring session (which begins on the first working day of March), which should be held next week, parliamentarians should most likely discuss the reconstruction of the Government, namely the merger of the ministries of energy and mining, oil and gas, and the formation of a ministry of public works.
Admir Šahmanović, who currently heads the Ministry of Mining, Oil and Gas, should be elected as the Minister of "merged" departments.
The position of Minister of Energy has been vacant since late December, when Saša Mujović was elected Mayor of Podgorica. The merger of the departments comes seven months after the mining, oil and gas, which formed a directorate within the Ministry of Energy, were separated from it, as part of the latest government reshuffle, in July last year.
For the post of Minister of Public Works, Spajić proposed to the Parliament Majda Adžović, the current State Secretary at the Ministry of Spatial Planning, Urbanism and State Property.
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