Milatović promulgates set of election laws: Take key steps to make electoral reform comprehensive

President of Montenegro Jakov Milatović issued decrees promulgating a set of election laws, including the Law on Amendments to the Law on the Election of Councilors and Representatives, the Law on Amendments to the Law on Local Self-Government, and the Law on Financing Political Entities and Election Campaigns.

He welcomed the initiated process of electoral legislation reform, but said that it seems that the opportunity to implement numerous recommendations from the Concept for Drafting Laws on Local Elections, prepared by the relevant Ministry of Public Administration, has been missed.

He says, among other things, that the idea of unifying local elections in principle represents a step towards improving the electoral system, as it can contribute to reducing costs and more efficient organization of the electoral process, but that the way in which this change was determined raises a number of questions regarding compliance with international standards and democratic principles.

"In the process of preparing a set of electoral laws, it was justified and expedient to obtain the opinion of the Venice Commission, considering the scope and character of the adopted amendments. It was also necessary to conduct an adequate public debate in order to further improve the quality of certain legal solutions," Milatović pointed out, as announced by his cabinet.

"The adopted Law on Amendments to the Law on the Election of Councilors and Representatives provides for the professionalization of the body responsible for conducting elections - the Central Election Commission - which relies on previous draft laws and is a step forward in theory. However, it is crucial that the professionalization and depoliticization of the body responsible for conducting elections actually takes root in practice," he points out.

He also says that the final version of the Law on the Election of Councilors and Representatives, compared to the initial draft version of that act, contains several significant steps forward.

"The article referring to the absolute suspension of the right to vote - holding (early) elections until the first general local elections - has been removed, as the President has repeatedly pointed out. This means that early elections are possible in all local self-government units, with the term of office of elected councilors lasting until the first general local elections. This is an extremely important change from the aspect of protecting the constitutionally provided right to vote and the right to local self-government," he notes.

An article has been added, he recalls, strengthening gender equality by increasing the presence of women on electoral lists - at least 40 percent. Milatović says that this is also an extremely important step forward towards establishing full gender equality, which, it is emphasized, the president of the state has highlighted as one of the most important pillars of comprehensive electoral reform.

"Furthermore, the adopted Law on the Election of Councilors and Representatives, among other things, stipulates that the first general local elections will be held on June 13, 2027. The idea of unifying local elections is, in principle, a step towards improving the electoral system, as it can contribute to reducing costs and more efficient organization of the electoral process. However, the way in which this change was determined raises a number of questions regarding compliance with international standards and democratic principles," believes Milatović.

The first problem, as he said, relates to the extension of the mandate of local authorities resulting from this solution.

"The adoption of amendments to this Law has postponed all regular local elections that, according to the current law, were to be held before 2027, which effectively extended the mandate of local governments in a number of municipalities. An extension of the mandate for more than a year is planned in the Royal Capital of Cetinje, and in the municipalities of Mojkovac and Petnjica, so the question arises whether such a deviation is proportional to the goal of harmonizing the electoral calendar. The final version of the adopted Law enables the holding of elections if local parliaments so decide."

The second problem, as Milatović says, relates to the precedent that this law potentially creates.

"The possibility opens up for the same practice to be repeated and for the political agreement to become a mechanism for arbitrarily postponing local elections and extending mandates when it suits party interests. This is the second time that local elections have been postponed by political agreement in the Parliament, bearing in mind that this was already done in May 2022, then with amendments to the Law on Local Self-Government. However, the principle of the political agreement that suspends the regularity of the electoral cycle at the local level remains the same."

This, he said, weakens citizens' trust in the electoral system and opens up space for arbitrariness.

"Given all of the above, the President of the State also notes that key issues of a comprehensive reform of electoral legislation remain unresolved, such as the introduction of open lists, enabling independent candidates to participate in elections, direct election of mayors and municipal presidents, completion of the electoral process that has begun in Šavnik and Kotor, preventing the misuse of state resources for pre-election purposes, improving the rights of persons with disabilities in the electoral process, as well as regulating the voter register," it added.

Also, as announced, one gets the impression that the opportunity to implement numerous recommendations from the Concept for Drafting the Law on Local Elections, prepared by the relevant Ministry of Public Administration, has been missed.

"Given all of the above, the President of the State expects the Committee for Comprehensive Electoral Reform, with the support of EU partners, to continue its work even more intensively in the coming period and to take key steps to ensure that the electoral reform, which is not complete after these legal amendments, becomes a comprehensive electoral reform as soon as possible, with the aim of conducting the first general local elections in accordance with the best international standards," the statement reads.