We can't do anything to the Assembly or Jokić: MPA on DPS's demands regarding the Kotor parliament and the city's leader

The Ministry of Public Administration (MPA) indirectly announced yesterday that their hands are tied regarding the request sent to them at the beginning of the week by the Democratic Party of Socialists (DPS) - that the department is asking the Government to submit a proposal to shorten the mandate of the Kotor Municipal Assembly (MA), and to propose that the executive branch initiate the procedure for dismissing the first man of that city. Vladimir Jokić (Democrats).

When asked by "Vijesti" what they would do regarding the DPS request, MPA officials said that everyone has the right to submit an initiative to them, but that none can be a basis for acting outside the legal framework or beyond the prescribed procedures, and especially not, as they state, within terms or deadlines "that are politically motivated or instructed."

They said that the dissolution of the municipal assembly and the introduction of a board of trustees, as well as the government's dismissal of the mayor, is possible only in cases where the local parliament, or the head of a city, fails to exercise their powers for more than six months. They noted that the executive branch does not have the authority to decide on the shortening of the municipal assembly's mandate.

"Regarding other issues, we would like to point out that each ministry monitors the implementation of legal obligations within its jurisdiction. The MPA continuously collects data on the implementation of obligations in all local self-government units, without a selective approach, applying equal standards to everyone. Based on this data, the MPA takes further measures in accordance with the law," the department it manages said. Marash Dukaj (Albanian alternative).

The Kotor opposition, led by the DPS, has been claiming for almost two months that Jokić does not have the legitimacy to govern the municipality because the current convocation of the local parliament, constituted in December last year, did not elect the first man of the city within the legal deadline (30 days). The old convocation did this almost a year ago, due to the blockade of local self-government that followed the unfinished election process. After resolving constitutional complaints and announcing the results of the local elections held in the fall of 2024, the new convocation of the Kotor parliament was constituted on December 23 last year.

Because of this, the DPS, with the support of part of the local opposition, launched an initiative to shorten the mandate of the Municipal Assembly (which, according to the Law on Local Self-Government, follows if the mayor is not elected within 30 days of its constitution), but it was rejected.

Subsequently, in early February, the MPA, in its administrative supervision report on the implementation of the Law on Local Self-Government, indicated that the Kotor Assembly was obliged to elect a mayor within 30 days at the latest. They therefore called on the Kotor Municipal Assembly to make a decision to shorten its mandate.

However, the president of the Kotor Municipal Council Soldier Batuta He told "Vijesti" at the time that by rejecting the DPS initiative, the Kotor parliament also responded to the findings of the MPA supervision, while Jokić said that his four-year term was running out.

The lawyers the editorial team spoke to during those days said that a legal tangle had arisen in Kotor and that it was true that Jokić, who was re-elected to office almost a year ago, has a four-year term, but that it was also true that the mayor is elected no later than 30 days after the municipal council is constituted. All of this is prescribed by the Law on Local Self-Government (in Articles 55 and 56).

DPS: The government can solve the problem

The strongest opposition party (i.e. its parliamentary group) wrote to Dukaj on March 16, stating that although his control hearing - which they requested regarding the situation in Kotor - was not held in the State Assembly - the minister's obligation to take "all legally prescribed measures within his jurisdiction to establish legality in the functioning" of that municipality has not ceased.

The DPS recalled that they, along with the rest of the opposition, initiated the hearing to point out the "dysfunctionality of the local government in Kotor due to violations of the Constitution and the law." They added, however, that the parliamentary majority made it impossible to hold the hearing...

They said that, in order to resist "any relativization of illegal actions by referring to the vagueness of the legal regulations or justifying them with the alleged need to wait for the outcomes of proceedings before the competent court instances that cannot actually be initiated...", they requested that Dukaj propose to the Government to submit a proposal to shorten the mandate of the Kotor Municipal Council, as well as that the executive branch initiate the procedure for dismissing Jokić on the grounds that, as they claim, he has not performed tasks within his jurisdiction for more than six months.

"The reasons for this action of the Government, regarding the application of Article 56, paragraph 4 of the Law on Local Self-Government, are clearly stated in the finding of administrative supervision over the application of Article 56 of the Law, dated 5 February, which the Ministry submitted to the Kotor Municipal Council. Failure to undertake the proposed measures, which are at the Ministry's disposal in order to resolve this situation, would mean, as you yourself stated in the finding, 'recognition of a government that does not stem from the current electoral will of the citizens, which would directly violate Article 2 of the Constitution of Montenegro'", DPS pointed out.

They also stated in the letter that there are numerous examples of Jokić "not fulfilling legal obligations for more than six months", which, they claim, was confirmed by the State Audit Institution (DRI) with a negative opinion on the company's operations for 2024 with 21 recommendations. They say that the audit found "numerous irregularities and abuses, including violations of several laws in the areas of finance, management, labor and public procurement".

DPS claims that the Mayor of Kotor Municipality did not submit the requested Activity Plan to the DRI within the stipulated deadline, nor did he comply with the legal procedure for preparing and submitting the budget for 2026. They also add that the Municipality of Kotor has not adopted a Strategic Plan for the period 2025-2030 and that a report on the implementation of the plan for 2024 has not been submitted.

The strongest opposition party says that the goal of their address to Dukaj is to point out that the MPA and the Government have all the legal mechanisms at their disposal to resolve the situation and that, if they do not use them, it will be clear that "we have a government that, through its inaction, encourages illegal actions, violations of regulations, ignoring the findings of competent state bodies and the arrogance of local powerful people."

"In order to put a stop to the unpunished violation of the Constitution and the law, criminal charges have already been filed against the president of the Kotor Municipal Council for abuse of office, and charges against the mayor are being prepared," they concluded in a letter to Dukaj.