Although Marko Kovačević's (New Serbian Democracy) term as mayor of the Municipality of Nikšić expired exactly a week ago, he continues to hold that position.
This is demonstrated by Kovačević's public appearances and activities, which citizens can learn about on the Nikšić municipality website (niksic.me) and in the media.
He was elected to the position of mayor of the city under Trebjes on May 10, 2021, which means that, in accordance with the Law on Local Self-Government (Article 55), his four-year term expired on the same date this year, that is, the previous Saturday.
According to the same regulation (Article 66), when the mandate of the municipal president expires, that function will be performed by the vice-president appointed by the local parliament until a new one is elected.
Nikšić has two vice presidents - Zoran Tomić (Socialist People's Party) and Mitar Goranović (Democrats), but the municipal assembly has not given either of them the authority to govern the city.
This was confirmed to "Vijesti" by the head of the Nikšić parliament, Nemanja Vuković (Democrats), who said that the last session of that body was held on March 27th.
Considering the above, this means that the Nikšić executive branch is currently either not making decisions because, formally and legally, it does not have a person authorized to do so, or that Kovačević, who has continued to hold office, is making illegal moves.
According to the Law on Local Self-Government (Article 66), if the mandate of a municipal head expires, a new one must be elected no later than 30 days from that date. If this does not happen, the local legislative chamber, upon the proposal of the Government or councilors, makes a decision to shorten its mandate.
Kovačević and the Municipality of Nikšić did not answer "Vijesti"'s questions about whether he made decisions after the end of his mandate and, if so, which ones, but Kovačević announced to the newspaper that the Municipal Information Service would provide answers on Monday.
An interviewee for "Vijesti" from the Nikšić municipality claims that Kovačević and other bodies of that local government are "in a technical mandate until the election of a new head of the municipality," and that the mandate of the vice presidents expires when the president does.
"And since this is a period in a vacuum, after the election results have been announced until the new assembly (of the parliament) is constituted and the president and vice-president (of the municipality) are elected, the current bodies are in a technical mandate. That is, they maintain the status quo, i.e. the existing level of engagement until the election of new executive bodies, modeled after the Government of Montenegro as an executive body at the state level," the interlocutor stated.
However, the "technical mandate" is not prescribed by law, and the act on local self-government (Articles 66 and 67) clearly makes an exception when the vice president can remain in office longer than the president - when the first man of the municipality's term expires, which happened in the town near Trebjes.
Since May 10, when Kovačević was supposed to be out of office, three statements have been published on the website of the municipality there, presenting him as the city's first man. The first concerns his attendance at the liturgy and the breaking of the slava cake in the Cathedral Church of St. Basil of Ostrog in Nikšić, on the occasion of that saint's feast day, the second concerns the presentation of St. Basil's letters of thanks, and the third is the reception of Nebojša Drinić, a member of the Banja Luka parliament and vice president and secretary general of the Party of Democratic Progress.
In addition, Kovačević was one of the speakers at the "RE:D" (Real Estate Development) conference in Podgorica on Thursday, where he was presented as the leader of Nikšić.
"Vijesti" also expects Kovačević to answer the question of why he had activities as the mayor after his term expired.
The Ministry of Public Administration announced to the newspaper that they would respond to the inquiry whether there is some kind of sanction if someone, after the expiration of their mandate, assumes the responsibilities of the first person in the municipality.
Negotiations are underway in Nikšić these days about forming a government, and Kovačević has the best chance of remaining at its head.
The local parliament session, at which the mandates of the new councilors will be confirmed, is scheduled for May 27th.
In the local elections held on April 13, the Democratic Party of Socialists won 16 councilor mandates, the coalition For the Future of Nikšić (ZBNK) led by Kovačević won 15, the Europe Now Movement (PES) five, Democrats-Plenum 083 three, and the European Alliance two.
Since the Nikšić parliament has 41 council seats, at least 21 “hands” are needed to form a government. If ZBNK, PES and the Democrats, partners in the state government, reach an agreement, they would have a majority of 23 council seats.
These three political actors recently began negotiating about power. When asked by "Vijesti" how far the process has progressed, as well as when the results of a possible agreement will be known, Nemanja Vuković responded on Tuesday that they remain committed to the principle that "nothing is agreed until everything is agreed."
"I believe that by May 27th we will have an agreed government, that we will elect the President of the Assembly at that session, and that he will convene a session at which the President of the Municipality will be elected, and I believe the Vice President of the Municipality as well, and that we will thus complete the formation of the government. However, we remain at the position that proved to be correct in 2021 - that until we agree on everything, we will not go public with the details of the negotiation process," he said.
Kovačević told the Public Service Portal in early May that negotiations had begun and that the "atmosphere was good."
"We have established the principle that until we have agreed on everything, we will not go public. I think the negotiations will be efficient and that we will not have to wait long for the government to be formed," he said.
The Law on Local Self-Government (Article 39) stipulates that the city parliament must be constituted, by electing its head, within 60 days of the publication of the final election results in the Official Gazette (published on April 28).
The head of the municipality is elected no later than 30 days after the constitution of the assembly.
If this does not happen, the president of the country will have to call new elections.
Bonus video:
