Sattler: Electoral Reform Committee to get back to work

"Reform of the electoral process remains one of the top priorities and you see that as such it is a topic in numerous reports of the European Commission (EC) and will continue to be so."

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Satler, Photo: Boris Pejović
Satler, Photo: Boris Pejović
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

The European Union (EU) Ambassador to Podgorica, Johan Sattler, said that the Committee for Comprehensive Electoral Reform should return to work, and that the reform of the electoral process in Montenegro remains one of the top priorities, but that it is also necessary to understand that the leadership role of the Parliament is necessary in this process.

He made this statement at the conference "Local Election Reform: More Choices for Citizens, More Responsibility for Government", organized by the Ministry of Public Administration (MPA) and the Center for Democratic Transition (CDT).

As he added, chapters 23 and 24, the fight against corruption, the rule of law, the judiciary, are just as important as electoral reform.

"Electoral process reform remains one of the top priorities and you see that it is a topic as such in numerous European Commission (EC) reports and will continue to be so," Sattler said.

He pointed out that now is the right time to talk about elections in one day, because there are no elections in the next six months, and that the EU is ready to assist in consultations.

"Reform of the electoral process must be based on citizen influence and should be characterized by the best democratic elements. The best practice that can solve the problems is single-day elections," said Sattler, adding that the issue of electoral tourism, which undermines citizens' trust in the system, should be addressed.

"In certain municipalities, we have blocked election mechanisms that need to be resolved, and all these problems must be part of the electoral process reforms," ​​he said.

Johan Sattler
photo: Boris Pejović

As he added, the professionalization of election administration is also necessary, i.e. the transfer of competences from the local to the state level.

Minister of Public Administration Maraš Dukaj said that Montenegro needs substantial, not just declarative, reforms in many spheres.

"We have long been aware that they are perhaps most needed in the area of ​​electoral processes, and at the local level," said Dukaj.

According to him, the MPA does not stop only at electoral legislation and the law on local self-government, but they see the need for reform in other laws as well, but they are already approaching the doors of other institutions and other government bodies.

"I do not support the comfort of ministerial positions or the concealment of politicians' responsibilities when they have other responsibilities. Politicians are executive managers and must take on their share of the work. We at the MPA do not guard anyone's mandates and political positions," he emphasized.

Marash Dukaj
photo: Boris Pejović

CDT Program Director, Milica Kovačević, said that the reform of electoral laws is trapped in the inaction of the Committee for Comprehensive Electoral Reform.

"Unfortunately, this reform is not going as it should, we are here to point out that this reform is trapped in inaction, obstruction, seeking excuses, something that can be assessed as a lack of political will," said Kovačević, adding that if the parties wanted change, there would be results in a year and five months, and that the most important laws are not even open for discussion.

She pointed out that a key part of electoral reform is the term "comprehensive", meaning that fundamental changes are required in all areas.

She added that she believes that the MPA, with the concept of the law on local elections, has taken the right path.

"This concept addresses some key issues that are the tasks of the Committee. In all EC reports, one of our key requirements is to find a way to hold elections in one day, and this task is also in the Decision on the Formation of the Committee," said Kovačević, adding that the concept contains a proposal that is in line with the Constitution.

She also emphasized that comprehensive electoral reform should not use cosmetic, but rather substantive solutions.

Mugoša: Elections are not won at the SEC, but at the polling station

The State Election Commission (SEC) should not be an instrument for winning elections, because they are won at polling stations and among voters.

This was assessed by the president of that body, Nikola Mugoša, speaking at the conference "More choices for citizens, more responsibility for the government", organized in Podgorica by the Ministry of Public Administration (MPA) and the Center for Democratic Transition (CDT).

Mugoša assessed that the depoliticization of the SEC is necessary in electoral reform, and that the commission should not be guided by political directives, but by public interest.

"The SEC should not be an instrument for winning elections, elections are won at polling stations and among voters," he pointed out.

Mugoša said that depoliticization of the election administration is necessary because politicization is at the core of the problem.

"All other deviations and anomalies in our electoral process stem from this. Politicization was identified in the European Commission's report in 2023, when two rounds of presidential elections and parliamentary elections were held," he said, explaining that the depoliticization of election administration implies the depoliticization of state and municipal election commissions.

"This reduces the number of members, allowing election participants to appoint temporary members to the commissions, but without decision-making rights," he explained.

Nikola Mugoša
photo: Boris Pejović

"Certain restrictions have also been imposed on those people who have announced their positions in political parties, both at the central and municipal boards," Mugoša explained, adding that the conditions for members of the municipal election commission will not be as strict as for members of the SEC.

He emphasized that polling stations are the most important, and that when this body does its job well, election commissions do not have too many problems.

As he stated, the change would also be that the SEC would be able to dismiss members of the municipal election commission when they fail to perform their duties, do not meet the requirements, or have provided incorrect information about themselves.

Professor Srđan Darmanović said that he believes that there are proposals for some improvements compared to the current situation, but that, in essence, the electoral system is not bad.

"I never claimed that our system is bad, but over time it has become captured by political parties, so we barely have citizens in the electoral process, except on the day when voting takes place," said Darmanović.

He said that the key question is whether there is political will to implement such a concept, stating that, among other things, the response of politicians to such events is not good.

"I believe that some of our ideas will be realized, primarily those that concern the recommendations of the European Union (EU), because they are the most difficult to reject. First of all, elections in one day, although not so soon, and perhaps even open lists," said Darmanović.

He said that one-day elections are not a new concept, but rather an old EU request.

"One-day elections are technically very feasible, there are no problems with that. This concept discourages constant changes in the majority, party combinations, and encourages the stability of both the Assembly and the authorities at the local level," said Darmanović.

As he pointed out, such a practice exists throughout Europe, except in Serbia and Montenegro, so that many parties would realize that it would not be worthwhile for them to terminate their mandate halfway, because their new one would only last until the regular local elections.

Co-chair of the Electoral Reform Committee, Nikola Rakočević, said that the Democratic Party of Socialists (DPS) will advocate for the concept of the law on local elections proposed by the MPA.

Rakočević also assessed that there is consensus for the concept of elections in one day.

"All elections in one day are inevitable, in order to achieve the key interest of voters. The only question is when should these elections take place? Should we go in the direction, as we unofficially hear, of extending the mandates of councilors, or should we find a solution so that the elections are held by shortening some mandates," he said.

He said that he believes that there will be the most dilemmas surrounding this solution, and that a political agreement will have to be reached, but that the dilemma is not so great as to avoid resolving the issue.

Speaking about open lists, Raočević assessed that, with the strong public pressure that exists, it will be difficult to escape from that idea.

"Because what is more democratic than citizens themselves choosing those who will represent them," he pointed out.

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