The announcement by the Democratic Party of Socialists (DPS) that it will review its further actions in the Assembly, after the parliament voted late last night to amend the laws on the National Security Agency (ANB) and internal affairs - could complicate the country's path towards the European Union (EU).
DON'T MISS IT
Head of the strongest opposition party Danijel Zivkovic announced the day before yesterday that, if the laws are adopted, the party's MPs who hold the positions of Deputy Speaker of Parliament, Co-Chair of the Committee for Comprehensive Electoral Reform, Chairman of the Committee for European Integration and Chairman of the Committee for Anti-Corruption will submit irrevocable resignations, and that DPS will review its future activities in parliament.
"Vijesti" was told last night by the DPS that the party's MPs will do what Živković announced at the beginning of next week - the deputy speaker of parliament will submit irrevocable resignations. Nikola Rakočević who was and Co-Chair of the Committee for Comprehensive Electoral Reform, Chairman of the Committee on European Integration Ivan Vukovic and Chairman of the Anti-Corruption Committee Jevto Erakovic.
When that happens, the problem would primarily arise when the electoral reform committee, which currently does not exist, is formed. The mandate of the committee, which was formed as a temporary parliamentary body, was set until the end of last year, and parliament has not yet made a decision on extending its work.
This body is important for fulfilling the recommendations from the European agenda and interim benchmarks in chapters 23 (Judiciary and fundamental rights) and 24 (Justice, freedom and security) - which are considered key in negotiations towards joining the European Union (EU), but also for cleaning up the voter register in preparation for the parliamentary and local elections in 2027. When the highest legislative chamber finally decides to extend its mandate, the absence of DPS representatives could paralyze its work and leave an impression of illegitimacy, as electoral laws have traditionally been changed in agreement with the opposition.
"You have hammered the last nail into the coffin of electoral reform," said the head of the DPS parliamentary group, Andrija Nikolić, who will resign as president of the Inquiry Committee into the actions of state bodies in political murders and attacks on journalists and intellectuals.
Is it difficult to amend the Constitution?
In addition, EU accession requires amendments to the Constitution, and any change to the highest legal act requires a two-thirds majority in the Assembly - that is, 54 out of 81 MPs.
Montenegro is obliged, in order to join the EU, to adopt a set of amendments to the Constitution, which, in addition to strengthening the independence of the judiciary, should define the relationship between the state and the EU, as well as the rights of Montenegrin citizens within that community.
The parliamentary majority currently consists of 49 members of parliament (Europe Now Movement, New Serbian Democracy, Democrats, Bosniak Party, Socialist People's Party, Albanian Forum, Albanian Alliance, CIVIS and an independent member of parliament). Dragan Bojović), which means that they are five votes short of constitutional changes - which they would have to seek from the opposition. Bearing in mind that the Europe Now Movement (PES) MP Miodrag Laković last night, after the adoption of the law, he announced that he was resigning from all positions in parliament, except for the deputy position, i.e. that he would run as an independent deputy, the majority could "drop" to 48 parliamentarians.
DON'T MISS IT
Even if the representative of United Montenegro Vladimir Dobričanin, as well as independent deputies Jevrosima Pejović i Radinka Ćinćur, who often voted for the government, even though they are not part of it, "raise" their hands - at least two more votes are missing.
After the adoption of the law on the ANB and internal affairs, it will almost certainly not find that support in the "harder" opposition ranks - DPS, Social Democrats, Civic Movement (GP) URA, Croatian Civic Initiative, Democratic Union of Albanians, independent MP Nikola Janović - who have so far voted "yes" when it came to the country's European path.
Judging by the statements of the leader of the Democratic People's Party Milan Knežević After leaving power, it is hard to believe that three MPs from that party will vote with the ruling majority. Last night, they voted against the adoption of the law on the National Security Agency and the police.
As for resignations of committee chairs, the parliamentary Rules of Procedure stipulate that at least three committee chairmen be elected from the opposition, and there are currently four. In addition to Vuković and Eraković from the DPS, Zoran Mikić (GP URA) is the Chairman of the Committee on Political System, Judiciary and Administration, Boris Mugoša (Social Democrats) heads the Committee on Economy, Finance and Budget.
When Vuković and Eraković resign, at least one opposition member would have to become the new president of one of the permanent parliamentary bodies in order to respect the Rules of Procedure.
Djukanovic: Consequences on multiple levels
Docent at the University of Donja Gorica Nikoleta Djukanovic She said that the amendments to the Law on the National Security Agency and Internal Affairs in the form in which they were adopted will have several political and institutional consequences, including a certain impact on the perception of Montenegro's credibility in the European integration process.
Đukanović says that it is primarily problematic if information is manipulated in the public space about whether the EU has given the "green light" to certain legal solutions.
"Such a situation can undermine the transparency of the decision-making process and further undermine citizens' trust in institutions and the European integration process itself. For a country negotiating EU membership, credibility and consistency in communication with the public and international partners are extremely important elements," she told Vijesti.
At the end of February, the government, explaining the proposed amendments to the disputed laws, stated that they had been harmonized with the European Commission (EC), while Brussels announced on March 4 that the provisions related to data protection were not harmonized with the acquis communautaire.
Minister of Interior Affairs Danilo Šaranović (Democrats) initially said that the adoption of the law was a condition for closing chapters 23 and 24, which the EC denied, saying that the final benchmarks for chapter 24 do not require changing the disputed laws. Šaranović said that the laws could still be adopted now, and that the “fine details” around data protection could be “sorted out later,” for which the EC gave the green light.
Djukanovic says that political consequences within the Parliament could also have repercussions on the dynamics of meeting the criteria.
"If the opposition implements the announced moves and withdraws from certain positions in parliament or limits its participation in the work, this may further complicate the decision-making process that requires a broader political consensus. The European integration process implies the inclusion of all relevant political and social actors, especially when it comes to reforms in the area of the rule of law or possible constitutional changes, broad political support and functional parliamentary dialogue are necessary," the interviewee notes.
He explains that, in this sense, any further deepening of political tensions may make it more difficult to fulfill the obligations from the negotiation process and slow down the reform dynamics, and that it is therefore important that key reforms, "especially in the sensitive sectors of security and the rule of law", are implemented with maximum transparency and with the broadest possible political consensus.
Djukic: Boycott only effective in the long run
Political analyst Stefan Djukic He told "Vijesti" that whenever something comes up that the DPS "does not like", the party threatens a boycott, withdrawal from working bodies or attempts at blockades. He states that they have demonstrated this several times, but "the product of their struggle was non-existent - in the end they would just return to the parliamentary benches".
The strongest opposition party has boycotted the work of parliament on several occasions since 2020. They did so in 2021 due to amendments to the Law on the State Prosecutor's Office, in 2022 due to amendments to the Law on the President, and in early 2025 the reason for the boycott was the claim that the ruling majority had carried out a constitutional coup by impeaching the then Constitutional Court judge. Dragani Đuranović determined the termination of the judicial function due to the attainment of the conditions for retirement pursuant to the Law on Pension and Disability Insurance (PIO).
While in power, the DPS criticized this practice, and a former senior official of that party Dusko Markovic said that a boycott of parliament is a boycott of the state. DPS has not announced in recent days that it will boycott parliament.
Đukić says that, after all, the former opposition, mainly the current government, discovered that boycotting in the Montenegrin political system "has a very difficult time functioning."
"... Especially since the MPs do not plan to implement it to the end, that - if they consider the decisions of the Assembly illegitimate (say) - they will boycott its decisions, the elections for it, to try to play a 'long game' that will only produce something in a few years. No party is ready for that and their boycotts are most often just 'not coming to work'", the interlocutor notes.
However, Đukić believes that, if this thesis is put "to the side", as well as the assumption that "the motive for opposing DPS is solely that they fear for the jobs of personnel loyal to them, who are in the Ministry of Internal Affairs (MUP) and the National Security Agency", the ruling parties should ask themselves the following questions:
"Would we like this law if we weren't in power? How would this law work if the power was in the hands of someone else? Would we support it then?" he says.
"I'm pretty sure the answer would be no, and that's all you need to know about these legal solutions," said Đukić.
What is controversial in the laws?
Amendments to the law on the National Security Agency and internal affairs were criticized by the opposition, civil society, and also part of the government.
The ANB will have a more direct relationship with citizens, meaning they will no longer need the help of the police as an intermediary when collecting intelligence. Secret service associates will receive a significantly wider range of protection and rights: insurance, health/pension benefits, family assistance - which would mean that they would be able to exercise similar status rights as permanently employed secret service operatives.
The ANB also receives a clearer normative framework for the application of coercion, similar to the police regime - with a formal reference to the standards of gradualness/proportionality. An operative, referring to the Law on Internal Affairs, can apply the entire spectrum of means of coercion - warning, order, restriction of movement, physical force, tying, firearms...
The solution in the Law on Internal Affairs that allows employment in the police without a public competition in certain situations is controversial, which some have interpreted as a space for party recruitment.
The Ministry of Internal Affairs is also given greater authority to decide on "security impediments" to police work without disciplinary proceedings.
Probably the main criticism was the appointment of a five-member commission to determine the existence of “security obstacles.” The commission was to be directly appointed by the minister. Critics, such as the Institute Alternative, warned that most of the members should be nominated by the police director as a professional, not the minister as a political figure.
The Commission may determine the existence of a “security impediment” without conducting disciplinary proceedings. An official based on such an “opinion” may be dismissed immediately, without the right to respond to the allegations or to effectively defend himself.
The law stipulates that these checks can also be applied to procedures that are already underway, which critics have assessed as an attempt to retroactively "cleanse" the service of politically unsuitable personnel.
See more:
Download the app and follow the news
FOLLOW US ON
