The referendum to be held in Zeta on December 14th regarding the construction of a wastewater treatment plant (collector) in Botun will not legally obligate the executive branch and the investor, because the implementation of that project is envisaged by the State Spatial Plan, which is a "stronger" legal act than local decisions, making the construction of the collector inevitable.
This was assessed by the interlocutors of "Vijesti", speaking about the legal implications that a local referendum called by the Zeta parliament could have.
On the other hand, the first man of Zeta Mihailo Asanović (Democratic People's Party) told the editorial staff that, if the voting results were not respected - "democracy in Montenegro would no longer exist."
At the beginning of the week, the Zeta Municipal Assembly unanimously adopted a decision to call a local referendum to allow citizens to express their opinion on the construction of a wastewater treatment system in Botun.
According to the Law on Local Self-Government, “a municipal referendum may be called for the purpose of prior declaration by citizens on the territory of the municipality on certain issues within the jurisdiction of local self-government in cases, in the manner and according to the procedure established by the municipal statute, in accordance with the law” (Article 163).
The construction of a collector in the Zeta settlement of Botun has been talked about for more than a decade, and the topic has grown from a local issue to a national one. From the Government Milojko Spajić (Europe Now Movement) have repeatedly emphasized that the construction of this facility is a key item in closing Chapter 27 (Environment and Climate Change) of negotiations with the European Union (EU), and this position is shared by European officials.
The collector should solve the issue of wastewater treatment from the capital, because the existing plant was built in 1978 and was designed for 55.000 residents, while Podgorica today, according to the 2023 census, has almost 180.000 residents.
The Botun facility is the largest environmental project the EU has supported in Montenegro to date, providing almost €33 million in grants for a new sewage system and collector, covering over 40 percent of the total investment, with additional support through a loan from the KfW bank.
The construction of the collector is opposed by locals, the Municipality of Zeta and the Democratic People's Party Milan Knežević, who threatened that his party representatives would "overthrow" the government in Podgorica if the project was implemented. They claim that the construction of the collector would negatively affect the environment and people's health, and the locals said that they would "defend their village with the only thing they have - their lives."
The Environmental Protection Agency (EPA) has given the Capital City approval for the Environmental Impact Assessment Study of the collector, claiming that there can be no pollution of air, water and soil, that flora and fauna are not endangered, and that the planned system is based on the application of the most modern technologies...
A CITIZEN'S DECISION DOES NOT AUTOMATICALLY STOP THE PROJECT
Attorney Miloš Vukčević told "Vijesti" that citizens can also decide on issues within the jurisdiction of the municipality in a local referendum. According to him, given that the construction of the plant in Botun is planned by the Spatial Plan adopted by the Parliament of Montenegro, which is an act of higher legal force than local decisions, the outcome of the referendum will not in itself produce binding legal consequences for the Government or the investor.
"However, a referendum has political and social weight, because it expresses the will of the local community, which may influence the eventual reconsideration of the decision or location," he explained.
When asked what happens if the citizens of Zeta decide in a referendum that they do not want the collector to be built in Botun, Vukčević replied that the result of the vote could serve as a basis for the local government to request a revision or amendment of the plans from the competent state authorities.
"However, formally and legally, the already signed contract and existing planning documentation remain in force until they are amended through the prescribed procedure - which means that the citizens' decision itself does not automatically stop the project," the interlocutor said.
He states that, although the referendum was called by the Zeta Municipal Assembly, the issue of building a wastewater treatment plant is part of the state spatial plan, and not exclusively a local act.
"This means that, although the referendum could be formally binding on the bodies of the Zeta municipality, it cannot legally obligate the state or the investor, because the local government does not have the authority to change the state's spatial plan, nor to terminate a construction contract concluded at the state level," claims Vukčević.
Speaking about the demarcation between the municipalities of Zeta and Podgorica, which has not yet been fully implemented, Vukčević believes that the question of precisely determining polling stations can be raised.
He said that if clear territorial jurisdiction is not established before the referendum is held, it could open the door to objections to the legitimacy and legality of the referendum.
"... Because it must be known exactly who has the right to vote in the territory to which the referendum applies. That issue would have to be resolved before the vote so that the results are legally sustainable," he concluded.
TAKE THE REFERENDUM OUTCOME SERIOUSLY
Lawyer Boris Marić He told "Vijesti" that the results of the referendum in which the citizens of Zeta vote must be taken seriously, but also that the construction of the collector is inevitable. He stated that the idea of a referendum at the local government level has not "taken root" in Montenegrin society.
"Of course, it is legitimate for it to be about the collector issue, because it really affects and touches the citizens of that area, but we could have also discussed many other issues, especially when it comes to spatial plans, detailed urban plans, some traffic solutions... About many issues that citizens of local governments could have asked about. That is why we have this situation that is quite politicized," he said.
He explains that the issue of constructing the collector has been going on for more than a decade.
"Plans, projections, tenders, works in which significant money has been invested - this is the money of the citizens of Zeta, the citizens of Podgorica, and the citizens of Montenegro. This is an issue that has clearly exceeded the jurisdiction of Zeta, the local government unit, and even the Capital City, and it is obvious that the state, in this particular case the Government of Montenegro, will have to get involved in resolving the issue," Marić underlines.
He pointed out that the construction of the collector is inevitable, not only for the sake of negotiations with the EU, but also in terms of protecting the Skadar Lake and Zeta basins, and that from a professional perspective, "as far as experts who deal with a narrow subject can be consulted - there is no dilemma."
"Now the issue of communication problems has arisen. In our society, the problem of communication is chronically expressed, and here we see a problem of communication between Zeta - the Capital, the Capital - Zeta - the Government, the Capital - the citizens... So somewhere we have to restore, in part, communication as an important part of the solution. So, representatives of the Government, the Capital and Zeta must sit down to talk to the citizens of Botun, Zeta and Podgorica," the interlocutor assesses.
He explained that there is no alternative solution for relocating the collector, "because a lot of infrastructure has been invested there", but rather an alternative solution for the status, primarily of the Botuna area - "how it would be valorized in the perspective of the given situation, and how urban plans would reach an agreement and bring together the interests of all regions".
Asked whether the legitimacy of the referendum could be questioned, considering that Zeta and Podgorica have not yet demarcated their borders, Marić replied that he did not think that could be the case "because indisputably 90 percent of the territory is clearly defined."
"Too much importance is given to the demarcation itself, even if these are some autonomous decisions. They really are not. Local self-government units are a mechanism through which services, which are not the state or state institutions, should provide services to citizens, they should get as close to citizens as possible and to achieve some immediacy, contact with direct democracy. This story about demarcation has again not been well communicated to the public," he said.
He said that the story about demarcation serves local politicians for "local and nationalist validation."
"Then, of course, communication collapses, which should be at the level of principles, norms, the Constitution, what is regulated by our system. It can be regulated even better, we can go to a monotype system of local self-government development, we can go to a polytype system. All of this can be offered to citizens as a service," added Marić.
Asanović: We have enough money to hold the referendum
The President of the Municipality of Zeta, Mihailo Asanović, told "Vijesti" that "there are more than enough funds" to hold the referendum.
"The budget of the Municipality of Zeta for the current year has been created functionally, that is, it is adaptable even for unplanned activities arising from legal regulations, so none of the regular budget users will be deprived of financing the referendum from the current budget reserve funds," he said.
He noted that the budget reserve provides a total of around 200.000 euros in 2025.
"The total costs of organizing the referendum remain to be determined after the commission for conducting the referendum is appointed, but the conclusion is that there are more than enough funds," claims Asanović.
When asked which are the "last" polling stations towards Podgorica where voting will take place, he replied that they will be Donja Cijevna and Botun.
Asked whether he expects the state to respect the results of the referendum, Asanović replies:
"Of course, this is the first local referendum in Montenegro, where the voice of the people will be heard directly on a topic. If they did not respect (the voting results), democracy in Montenegro would no longer exist."
He noted that, according to the Law on Territorial Organization, the plots on which the construction of the collector is planned belong to the Zeta municipality.
"We collect revenue from those territories and we issue all permits on that land," he added.
Collector from Mugoša to Mujovići
The project for a new wastewater treatment plant in Podgorica has been discussed for more than a decade, ever since the time when Miomir Mugoša was at the head of the city.
During the mandate of Slavoljub Stijepović, i.e. in 2017, a loan agreement was signed with the German Bank for Reconstruction and Development and a donation of 10 million from the European Union was received.
All this time, the locals of Botun opposed the project.
In early 2020, the then director of Waterworks and Sewerage Filip Makrid and the director of Bemax Veselin Kovačević signed a contract for the construction of a primary collector within the wastewater treatment system. After signing the contract, Mayor Ivan Vuković recalled that this was the project of the century for the Capital, the project to build a wastewater treatment system, with an estimated value of over 50 million euros.
After two years, in June 2022, Vuković re-signed the Contract for the construction of the wastewater treatment plant system. In addition to Vuković, the 3.500-page document was initialed by the then executive director of the Water and Sewerage Company Filip Makrid, and the contractors, the director of the Turkish company Kuzu Group Mehmet Emre Bastopku and a member of the board of directors of the Turkish company Alkatraš, Bauram Albauark. The two Turkish companies, which won the job of building the plant in the 2022 tender, submitted the final draft of the main project, the construction of which should last three years.
After signing, the contractor was required to prepare the main design. The revised version was completed in the third quarter of 2024, thus creating the conditions for the start of work.
Podgorica Mayor Saša Mujović recently reiterated that construction of the collector in Botun must begin by the end of the year, as this is the only way for Podgorica to get a wastewater treatment system without having to pay tens of millions of euros in damages if the work does not begin...
Bonus video:
