The Draft Law on Financing Political Entities and Election Campaigns stipulates, among other things, that "ribbon cutting" will not be possible during the campaign, but that the ceremony will be held after the elections.
This was stated by co-chair Vasilije Čarapić from the Europe Now Movement (PES) at a meeting of the Committee for Comprehensive Electoral Reform held today.
The deputies are discussing four points: an introduction to the Draft Law on Financing Political Entities and Election Campaigns; an analysis of the situation in Šavnik, due to the impossibility of holding elections; the work plan of the Committee for Comprehensive Electoral Reform until the end of 2025; and current issues.
Democratic Party MP Nikola Rovčanin said that the party's parliamentary group proposed a solution to the Šavnik elections problem a year and a half ago, but that it was not considered.
"I believe that the committee must first and foremost resolve this issue, because if we don't resolve it, how will we resolve the rest," he pointed out.
Co-chair Nikola Rakočević from the Democratic Party of Socialists (DPS) assessed that by proposing a law that is not within the competence of the Committee, that parliamentary body is being destroyed.
"Only a proposal for a specific group of laws can be found at a Committee session - these are laws within the competence of the Committee. They can only be found at the session if they are a proposal from the Committee. If they are a proposal for a particular position, they are submitted to the parliamentary procedure, which forwards it to the Committee for the Political System, Judiciary and Administration," he explained.
Rovčanin pointed out that the Committee is silent on the events in Šavnik, which is why the Democratic parliamentary group is offering solutions and that this is a "well-intentioned political intervention."
Rakočević announced that the Committee cannot solve the problem in Šavnik, but that the Municipal Election Commission should do so, and that the elections must be completed according to the existing law.
By majority vote, the agenda was adopted.
Speaking about the first point, Čarapić said that the discussion was the product of the work of working groups, and that the suggestions of all political parties were taken into account, as well as the recommendations of the ODIHR.
"First of all, we analyzed the law from the aspect of its precision... We defined what a campaign is and when it starts. We defined some terms related to sponsorship. I think that to a large extent, on the recommendation of state institutions, we have worked on increasing transparency and addressing those moments that are problematic so that this law better defines reporting and strengthens the obligations related to it. We had a situation in the campaign where we had to submit a fifteen-day report on income, media, then a preliminary, then a final report. We managed to reduce that part, thanks to the Agency for the Prevention of Corruption (ASK), so that the media report, which in practice is submitted the day before the preliminary one, is removed as an obligation, and is submitted together with the preliminary one," he explained.
"We have introduced obligations to publish annual financial reports on the website of political entities, and to submit supporting documentation along with the report. In that part, we have addressed technical issues that were causing problems. As for campaign financing itself, we have corrected campaign limits. We had, first of all, one suggestion from the Association of Municipalities, primarily small municipalities, which is that the current limits defined by law are inadequate for small municipalities - so we had one municipality with a limit of 1.000 euros for the entire campaign. Such limits are unrealistic and lead to violations of the law," he added.
As he said, the way in which funds are distributed is also being corrected, by increasing the amount allocated to participants before the elections by 10 percent.
"This is how new parties and civic groups are encouraged," he pointed out.
Čarapić pointed out that the list of entities that are not allowed to finance political parties has been expanded - primarily the tobacco industry, but also that for the first time, a functionary's campaign is clearly defined.
"If an infrastructure project is ready, a ribbon-cutting ceremony cannot be organized while the campaign is ongoing, but the facility can be put into operation and the ceremony held afterwards," he said.
"The Government, during the election campaign, would not be allowed to make appointments of high-ranking officials, unless they are competitive solutions that are foreseen in the systematization," he explained.
He added that the ASK's powers would be greater, as this institution could conduct proactive checks and prescribe sanctions, and that the draft also envisages elections in one day.
Koprivica: There are no adequate penalties for violating the law
Dragan Koprivica from the NGO Center for Democratic Transition (CDT) said that the flaw in the law is that there are no adequate penalties for its violation.
He added that the current money for parties is 11 million euros, and that the new law foresees 15 million.
Čarapić pointed out that it had been noticed that new political entities had more donations than individuals, and that it was precisely these donations that enabled his party to participate in the elections.
Zlatko Vujović from the NGO Center for Monitoring and Research (CeMI) assessed that the big trap is the "fragmentation of municipalities".
Executive Director of the Association of the Blind, Goran Macanović, added that parties should have premises that are accessible to persons with disabilities, and that it is important that the law emphasizes the importance of information accessibility.
Branislav Nenezić from the Social Democrats (SD) referred to the writings in "Vijesti" that increased subsidies to parties were a condition of the opposition and emphasized that the party he belongs to did not request this.
Rakočević explained that the item is not being voted on, but rather is being introduced, and that he will make a statement when it comes in the form of a law.
Leković: The Committee can definitely propose a solution for Šavnik
A break was given, and after it, the deputies discussed the situation in Šavnik.
Čarapić pointed out that there were nine attempts to vote at two polling stations, after which the MEC members could not agree on how to proceed.
"Our powers are not of an executive nature. We cannot directly implement legal norms, but only amend and enact them. However, the Parliament is a democratic institution where the most important issues are discussed," he said.
Rakočević announced that the MEC in Šavnik does not have consent and believes that the problem should be resolved by the State Election Commission (SEC), and that the SEC is requesting this from the MEC.
He added that the elections were held in most polling stations under one law, and that a different law cannot be implemented in two places where they have not been completed.
Democratic MP Momčilo Leković said that "Savnik is not being discussed to please the citizens, but to please the MPs."
"I heard that this committee cannot resolve the situation in Šavnik. I don't know if I can agree with that. This committee can definitely propose a solution, and the Legislative Committee and the plenum itself can resolve it. If this committee and the Assembly cannot resolve it, I don't know who can and what are we then," he explained.
"I know who has an interest in maintaining the status quo in Šavnik. Look at who is at the helm of Šavnik. Maybe they want to create a situation like what happened in Mostar, where they ruled without elections for years," he added.
He pointed out that 136 people changed their residence at one of the two polling stations, and 38 at the other.
"Questionable" 136 people
The representative of the Ministry of Internal Affairs (MUP), Novica Obradović, indicated that the department had formed a working group dealing with the voter register, and that field checks had been carried out.
Čarapić pointed out that "MUP representatives brought bags of ID cards and entered people into the voter list."
When asked by Vujović how many people returned to their place of residence in the first six months after the elections, Obradović replied that 136 people was questionable.
PES MP Darko Dragović asked the MUP representative whether people who changed their place of residence from Šavnik had exercised their right to vote in other municipalities, to which he replied that they had a paradoxical situation in which these people had voting rights in two municipalities, but that they could not know whether they had voted.
Cerović: Eight people were reported in a one-room apartment
The representative of the coalition "For the Future of Šavnika", which is participating in the elections, Gavrilo Cerović, pointed out that eight people were registered in a one-room apartment in that municipality.
Cerović reminded that the Šavnik councilors shortened their mandate.
Vujović added that his NGO, as well as the OSCE, was against the repeal of the legal provision that requires six months to pass from the change of residence to the right to vote at the local level.
He added that the geographic relocation of the barbers is undeniable, and that the solution is elections in one day.
Referring to the Democrats' proposal, Vujović said that no one could have predicted that the elections would last this long, and that even in closed polling stations, there were voters who subsequently deregistered their residence from Šavnik.
"What will we do with those who have meanwhile attained the right to be an adult?" he asked.
He proposed that the elections in Šavnik be held on the same day as in other municipalities.
Koprivica explained that 20 percent of voters were "suspiciously relocated," and that no matter how they are held, they cannot be legitimate and legal for his NGO.
He announced that the Democrats' proposal calls for a change to the Law on the Voter Register, but not the Law on the Election of Councilors and Representatives.
"For all of this to enter the procedure and for the MEC to call elections - when the results are determined and we are again at four:four?" he pointed out, alluding to the situation in the Šavnik MEC.
He added that the number of deaths in Šavnak also affects the result, and believes that the only solution is for the Constitutional Court to annul the elections.
Dragović: Elections cannot be legitimate, because calculations may occur; Zirojević: Imagine if we were now calling on our supporters in Kotor to block traffic
Dragović said that the Šavnica crisis caused a new traffic blockade.
As he added, the problem is that the elections cannot be legitimate, because calculations can occur, and that the Democrats' proposal is good for the next elections.
He pointed out that the problem is that the president of the state did not call elections after the local assembly shortened its mandate.
Social Democrat (SD) MP Nikola Zirojević pointed out that the situation is similar in Kotor, and that the elections were not completed "thanks to representatives of the ruling majority at the state level" who prevented them from taking place.
"If the voter list is closed and a citizen is on it, neither Nikola Ziroejvić nor Gavrilo Cerović can prohibit him from voting," he pointed out.
He asked Cerović when he last voted in Šavnik before 2022, because he changed his place of residence in January, and the leader of the Democrats and PES list, Novica Krsmanović, in May of the same year.
"If the Constitutional Court had not struck down the six-month residency requirement, Krsmanović could have been the leader of the list. The question was raised as to who could solve the problem and the answer is clear. Parliament no, the Comprehensive Reform Committee no, the executive branch yes. The executive branch should not have allowed this to happen," he said.
Zirojević read out the results from polling stations where the number of voters increased, and where the parties of the ruling majority at the state level achieved better results.
"We didn't bring about this situation in Šavnik, you did... Imagine that now we are calling on our supporters in Kotor to block traffic," he pointed out.
Zirojević: I have no right to forbid someone from voting because their last name is not from Nikšić
Cerović said that he and Krsmanović registered based on the law, and that people who have no connection to Šavnik are coming.
Zirojević stated that Cerović and all the others had legally copied themselves.
"In my Nikšić, there are surnames that didn't exist until two years ago, but I don't have the right to forbid someone from voting because their surname is not from Nikšić," he explained.
"You gave Jugoslav Jakić, whom you are fighting, another two years of mandate," he pointed out.
Zirojević added that someone in the Pljevlja State Prosecutor's Office classifies breaking boxes as a misdemeanor, not a criminal offense, which is why what is happening in Šavnik is happening.
Dragovć announced that Cerović and Krsmanović are still on the voter list in Šavnik, and that some who have deregistered their residence are on the list in two municipalities.
"I would not agree that this Committee cannot consider the proposed law on amendments to the Law on the Voters' Register, which was presented by my colleagues from the Democrats. If there is a sincere will for this Committee to do its job and to reach a consensus that will result in free, independent and legitimate elections, then I see no problem with this proposal being the basis for this Committee to draft a quality draft of amendments or a new Law on the Voters' Register," he said.
Rakočević pointed out that the problem is that a crisis has occurred, but that a partial solution for two polling stations cannot be made because of that.
"The Electoral Reform Committee cannot be the place to solve this problem because it is not up to the legislator. The issue of Šavnik is about the inefficiency, the ineffectiveness of those who implement the laws, which is the government and the MEC," he pointed out.
Zirojević said that a large number of voters also signed out of the Briaca polling stations where the elections were concluded and are included in the total balance, and asked whether Krsmanović was still on the voter list in Šavnik.
Rovčanin said that the difference between Šavnik and Kotor is that the Kotor elections are over.
"I would like to see more proposals. Submit yours, and let's discuss," he told the opposition.
He added that their proposal does not contain a desire to obstruct the committee, but rather a good will to solve the problem.
"If the solution for the elections in Šavnik is to hold them again in these two places, then amendments to the Law are the only solution. Elections in one day, a decision by the Constitutional Court - that is far off," he said. Zirojević responded that there are no formally declared results in Kotor and Šavnik.
Čarapić: Everyone must give up their toughest positions
Čarapić noted that everyone must give up their toughest positions in order to reach a compromise, and that his party has also done so when it comes to financing.
"A year after it was said that political will is needed to solve the problems in Šavnik, it is showing that we have everything but political will. We are ready to employ people under a temporary contract, block roads, shorten the mandate and continue the work of the assembly...", he pointed out. As he added, it is irrational to ask to wait until 2027 for the next elections in that municipality.
Zirojević asked whether activists from the DPS-SD coalition were breaking boxes, and that the president of the municipality of Šavnik, Jugoslav Jakić, has been registered in Šavnik since 1988.
"If we are all truly on the same page, and I believe we are, there is a political agreement in Šavnik - to complete the elections in these two places next weekend, to determine the results and to dissolve the local parliament at the same session where the mandates are verified, and we can have new elections in three to four months," said Zirojević.
Čarapić said that "the opposition is the one manipulating", and that Jakić is the candidate of the party "which is responsible for electoral tourism".
Rakočević pointed out that the solution lies in comprehensive electoral reform, and that municipal commissions be professionalized, with the SEC taking over the jurisdiction of MECs when there is a blockage.
After the break, Rakočević pointed out that it was decided that, in addition to the working group dealing with the Law on Financing Political Parties, three more would be formed - working group two, which would deal with the Law on the Election of Councilors and Representatives, group three, which would deal with defining the draft law on the Voters' Register, the law on permanent residence and temporary residence, analyzing the implementation of the Law on Identity Cards and the Law on Montenegrin Citizenship, and working group four, which would deal with drafting the law on political parties, the law on the president, and defining the proposed code of conduct in the pre-election period.
As he added, the working groups would have members from the parties participating in the committee, as well as non-governmental organizations and the academic community.
Rakočević pointed out that, when the groups are formed, the roadmap will also be adopted, and that laws will be adopted by the end of December, except for the Law on Financing Political Campaigns, which will be adopted by the end of July.
The session is over.
Bonus video:
