The sustainability of the agreement that the Prime Minister Milojko Spajic signed with part of the opposition, in which they agreed to seek the opinion of the Venice Commission on developments related to the Constitutional Court in order to resolve the political crisis, is questionable because the document was not initialed by all government and opposition structures, and some have already distanced themselves from it.
This was stated by the interlocutors of ''Vijesti'', commenting on the fact that after the signing of the agreement, the parties of the former Democratic Front (DF), as well as the opposition Civic Movement (GP) URA, announced that it was non-binding for them. The document was signed on Saturday evening by the Prime Minister and the Europe Now Movement (PES). Spajic, leader of the Democratic Party of Socialists (DPS) Danijel Zivkovic, one of the leaders of the European Union Damir Sehovic and leader of the Croatian Civic Initiative (HGI) Adrian Vuksanovic.
The agreement was initialed with the mediation of the Delegation of the European Union (EU) in Podgorica, which announced that the text of the request to the "Venetians" regarding the termination of the judicial function Dragani Đuranović in the Constitutional Court due to the attainment of the conditions for retirement, prepare one representative each from the government and the opposition (no later than a week after the agreement), after consultations, and that the agreed request will be sent to Spajić.
Meanwhile, the opposition has announced its return to parliament.
THERE MAY BE VARIOUS PROBLEMS
Lawyer Boris Marić assesses that the agreement, although it has limited scope, is significant because it was concluded with the mediation of the EU Delegation, with the establishment of "some kind of roadmap that should serve to strengthen political dialogue between the government and the opposition, and to provide greater support for key decisions necessary on the path to Montenegro's membership in the EU (European Union)".
"I am talking about the currently limited scope because the talks and negotiations were led by two, admittedly dominant, structures in the government and the opposition at this moment, but without other parliamentary actors, which will realistically create problems in practice. These problems can be of different nature, from obstruction of the adoption of certain decisions, to initiating topics that can disrupt both the coalition relationship in government, and regional or relations with the EU itself," he said.
He reminds that the opinion of the Venice Commission has authority and adds that he believes it will be part of the solution to the political crisis, and that he does not expect obstruction in this regard.
Program associate at the Center for Civic Education (CGO) Nikola Đurašević, explained that the sustainability of the agreement remains uncertain because, he says, the question has been raised from day one - whether the document will "survive the winds that are already blowing to blow it away."
"A single document solves nothing, no matter what it says, if the political climate doesn't change, and it's not good right now," he said.
NOT A WORD ABOUT “DIVIDED ISSUES”
The agreement, which has two articles, also states that the signatories agreed to take all necessary steps towards the full implementation of the Venice Commission's opinion, and that until it is received, the further procedure for the election of a judge of the Constitutional Court according to the competition announced by the Constitutional Committee of the Parliament will be suspended.
The second article states that, after adopting the document, the parties commit to normalizing the political situation and restoring the functionality of the Parliament, to support EU reforms and legislative initiatives prepared in consultation with EU institutions, with the aim of completing EU accession negotiations by the end of 2026, as well as to continue the work of the parliamentary committee for electoral reform.
Although the DPS claims that it was agreed not to raise “issues that polarize the Montenegrin public, without a previously established general political consensus in the country”, there is no mention of this in the agreement. The DPS has repeatedly insisted 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’s “Barometer 26” platform, which it offered for signature.
The day after the agreement was signed, the New Serbian Democracy (NSD) said that this was a "party agreement between PES, DPS and others from the opposition", and not an agreement between the government and the opposition. NSD MP Jovan Vučurović He announced that this is confirmed by the signatures on the document, as well as the composition of those who negotiated, where, apart from PES, there are no other constituents of the government.
PES responded that the agreement between the government and the opposition, which is presented as an agreement between PES and DPS, is actually "shameless manipulation ahead of the elections in Nikšić and Herceg Novi."
The ruling Democrats, Bosniak Party and Socialist People's Party did not respond to "Vijesti" as to whether they accepted the document initialed by Spajić.
“GIVING UP ON 'VENICEANS' WOULD BE A NEW MOMENT”
A source for ''Vijesti'' from PES said that the agreement signed included "what the (ruling) majority had already agreed upon earlier", and that the document "does not contain anything that the government had not previously offered to the opposition". He claims that his colleagues from the government, despite their public statements, have told him that they do not see anything controversial in the agreement...
"If some of them have given up on the Venice Commission, then that is a new moment...", he said.
There is nothing controversial about the "Venetians", claims the President of the Constitutional Committee Jelena Božović (NSD). At yesterday's session of that body, where the hearings of candidates for two judges of the Constitutional Court continued, she said that the procedure for selecting judges would be completed, and that they would later see how their further selection would proceed.
"We still maintain that Judge Đuranović retired by force of law, that is, the Constitution, and nothing was violated. We have no problem with the Venice Commission issuing a statement, because we are very confident in the constitutionality and legality of our decision," she said.
Božović added that until the opinion of the "Venetians" arrives, one judge may be elected, and possibly another after the opinion.
She recalled that this was a proposal from the majority from earlier, but that "it was obvious that DPS needed an explanation as to why they were returning to parliament, because they saw that they had made a big mistake and that it had cost them a lot politically."
After signing the agreement, the opposition decided to return to the Parliament, as DPS representatives announced at a press conference yesterday. The opposition MPs' suspension order imposed on them by the Speaker of Parliament expired last week. Andrija Mandic (NSD) because they have been preventing the sessions from being held since the end of last year.
The opposition blocked the sessions, claiming that the Constitution was violated because the parliament, without the mandatory notification of the Constitutional Court, decided in mid-December last year to declare Đuranović's judicial position in that court terminated due to him meeting the conditions for retirement.
“ON SPAJIĆ TO IMPLEMENT THE OPINION”
Commenting on the fact that the Constitutional Committee continued hearings of candidates for two Constitutional Court judges yesterday, even though the agreement stipulated that the procedure for the election of one would be suspended, an opposition source for ''Vijesti'' said that the committee cannot stop the procedure, and that this is not controversial. However, he noted that both candidates cannot be elected, "because without PES there is no majority for that."
When asked how the government, due to the dissonant tones from the former DF, will implement the opinion of the Venice Commission if it considers the Constitutional Committee's conclusion to be unconstitutional, the interlocutor said that it is up to Spajić, because, he says, the prime minister has signed a document on cooperation with the EU and will not be able to defend himself by saying that "Mandić will not".
He claims that PES is currently "under the most attack", because, according to him, the question is how long the parties of the former DF will "endure" without raising topics "that divide them".
Vice President of the Democratic People's Party (DNP) and Minister of Transport Maja Vukićević, announced yesterday that it is unacceptable for her party not to raise the issues of the status of the Serbian language and the regulation of dual citizenship without a broad consensus, "if this is stated in the agreement". In a Facebook post, she stressed that the situation in the Constitutional Court, where there are currently "two judges for whom the Constitutional Committee has determined reasons for the termination of their judicial functions, is of particular concern.
She also claims that the agreement "signed between DPS and PES cannot be considered an agreement between the Government and the opposition," because, she says, not all political entities that make up the government and the opposition participated in its creation.
"EVERYTHING DEPENDS ON THE GOOD WILL OF THE COALITION PARTNERS"
Nikola Đurašević says that the fact that the former DF is already distancing itself from the document shows that even though Spajić is the Prime Minister, he cannot guarantee anything on their behalf, much less ensure basic respect for the opposition within the Parliament.
"This is crucial for the functioning of the Parliament at full capacity, as well as for making important decisions on Montenegro's European path, which requires broad political and social consensus," he said.
According to him, if the Venice Commission assesses that the Constitutional Committee's conclusion is unconstitutional, Spajić does not have the mechanisms to implement it, but can only rely on the goodwill of coalition partners, "which may cost him dearly."
He recalls that in the case of amendments to the Law on the President of Montenegro (in 2022), when the Venice Commission gave its opinion that this solution was contrary to the Constitution, this finding was not accepted by part of the current parliamentary majority.
"This could happen again, but then Spajić will have to answer why he is continuing the coalition with those who do not respect European recommendations. Although, it would not be the first time he has continued after having statements or acts from his coalition partners that are in disagreement with our path towards the EU," Đurašević underlined.
He estimates that if the implementation of the "Venetian" recommendations were blocked or delayed, this could have wider consequences, not only in terms of internal political stability, but also in the context of Montenegro's relations with international partners, primarily with the EU.
The signing of the agreement on Sunday was welcomed by the European Commissioner for Enlargement Marta Kos, Ambassador of Germany Peter Felten, EU Delegation...
The agreement may benefit DPS in Nikšić, but disadvantage PES
Boris Marić claims that signing the agreement may in some way benefit DPS before the Nikšić elections, and that PES is in this sense "a big unknown in Nikšić, primarily because it is running in the elections for the first time and their result will depend on many factors."
"The main advantage of PES is that it is a key player in government, and decisions that suggest that they are the ones who articulate the government and the dynamics of EU integration - can be the basis for their election campaign with the already recognized populist approach to economic policy," he said, responding to questions about whether the agreement with the opposition could harm PES in Nikšić ahead of the elections scheduled for April 13.
Đurašević reminds us that PES, although it has a prime minister, has so far “done disastrously” in all elections in which it has contested independently, and that in some cases even forming coalitions has not helped them. He states that the downward trend is contributed by the lack of work on building the party infrastructure, “and the PES electorate is very diverse and easy prey for other parties, especially those from the coalition ‘For the Future of Montenegro’ (formerly DF)”.
He claims that cumulatively and independently of the agreement, all of this could make the situation for the elections in Nikšić very challenging for PES, and the agreement itself, if the DF exploits it "in the way that these experienced parties know how to do on the ground - could be an additional and heavy burden for PES during these elections."
"The ultimate impact of signing the agreement may depend on PES' ability to effectively communicate its goals. If they manage to show that the agreement is a step towards stability, they could retain support, but there is a risk of further weakening of their ratings if voters do not recognize the justification for this move, especially considering that they do not have a strong committee in Nikšić," he said.
Milatović: It is not good practice to sign an agreement at the embassy again
Head of State Jakov Milatovic He said yesterday that if the signed agreement is a step towards getting the opposition back on the parliamentary benches and having a more functional parliament, "it is a good step forward."
Responding to questions from journalists after a conference on electoral reform organized by the Center for Monitoring and Research (CeMI), he said that it was not good practice for the agreement to be signed "again in a foreign embassy."
When asked whether, in the context of the agreement, he believed that the issue of dual citizenship and language should be set aside, he replied that it was "like putting democracy aside."
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