The Zeta Municipal Assembly will discuss on Thursday, January 22nd, the ban on the construction of a wastewater treatment plant in Botun, "Vijesti" has learned.
The session was scheduled as an emergency procedure, and the youngest Montenegrin municipality is referring to the results of the referendum held on December 14th, and the first man of Zeta, Mihailo Asanović, is listed as the proposer of the decision.
"The Municipality of Zeta, its bodies and public services will not issue consents, approvals, opinions or take actions that would enable the implementation of the project on the territory of the Municipality of Zeta," reads Article 2 of the draft decision.
Article 3 requires Asanović to inform the Government, the Capital City and the competent state authorities about the results of the referendum.
"This decision expresses the direct will of the citizens of Zeta expressed in a referendum and is binding on all authorities. If any state authority, legal or natural person, attempts to implement the project contrary to this decision, the municipality will initiate all available legal remedies, including administrative disputes, criminal charges, constitutional initiatives and international legal mechanisms to protect the interests, health and lives of the citizens of Zeta who would be endangered by the development of this project," it states in Articles 4 and 5.
The decision's explanation refers to Article 23 of the Constitution of Montenegro, which guarantees "the right of every person to a healthy environment and obliges the state, as well as local self-government bodies, to provide conditions for its realization."
"Article 45 of the Constitution guarantees the right of citizens to directly participate in the exercise of power, including decision-making through referendums. A referendum is the highest expression of citizens' sovereignty at the local level, and the will of citizens expressed in a legally conducted referendum is binding on all local government bodies. Any action contrary to the clearly expressed referendum will would constitute a violation of the constitutional right of citizens to participate in the exercise of power, as well as a violation of the principles of democracy and the rule of law from Article 1 of the Constitution. The Constitution guarantees the right to local self-government in Article 113, while Article 114 stipulates that a municipality independently carries out tasks of direct interest to the local population," the document states.
The explanation also emphasizes that by adopting this decision, the Municipal Assembly does not assume the jurisdiction of state bodies, but rather "establishes the results of the referendum and ensures their implementation on the territory of the municipality."
"Montenegro is a signatory to international treaties that guarantee the right of the public to participate in decision-making on environmental matters, including the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Arhuns Convention), which is an integral part of the internal legal order and has primacy over domestic legislation," the draft decision states.
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