Dukaj will have a hard time convincing Delić: What can the MPA do to resolve the case of the first man in Mojkovac?

The Ministry of Public Administration (MPA) can do little to Vesko Delic (NSD) does not remain at the helm of Mojkovac after he was finally convicted - because the regulations give significant autonomy to local governments - which means that the solution to this case depends on political will, i.e. the willingness of the Mojkovac ruling majority to comply with the law, noting that Delić's mandate ended when he was convicted.

Thus, a lawyer familiar with the Law on Local Self-Government analyzes Delić's case, namely what mechanisms the MPA has at its disposal after the leader of Mojkovac announced that he would not leave his position.

The Court of Appeal announced last Thursday that it had upheld the verdict of the Higher Court in Podgorica, which found Delić guilty of the extended criminal offense of abuse of office. He is guilty because in 2022 he appointed the heads of the Municipal Police and the Protection and Rescue Service in Mojkovac without (previously) announcing a competition and even though he knew that they did not meet the legal requirements for those positions.

Some lawyers have assessed that Delić's mandate has ended with the finality of the conviction. They refer to the provisions of the Law on Local Self-Government, according to which the mandate of the mayor of a municipality ends by force of law when he is convicted by a final judgment of an act that makes him unworthy of holding office. They added that it is now up to the local parliament to simply state the end of Delić's mandate. The Mojkovac Municipal Assembly (MA) has not taken any action so far.

Multiple scenarios in play

An interviewee for "Vijesti" familiar with the regulation on local self-government points out that, in the part that relates to the termination of Delić's mandate, the situation is legally very clear.

"His mandate has ended by force of law, and the act of noting the termination of that mandate serves to create procedural prerequisites for initiating further procedures - appointing a deputy mayor who would temporarily take over the duties of mayor and initiating the process of electing a new mayor," he states.

However, he explains that there are several possibilities for the further development of this case.

"Since the deadline for electing a new mayor is 30 days from the end of Delić's term, if the Mojkovac Municipal Assembly remains inactive on this issue, upon the expiration of that deadline, the Government may appoint a commissioner who will perform the duties of the mayor until the election of a new one. Consistent with all of the above, that deadline should be counted from the date the verdict becomes final, because that is the day the mandate actually ended by force of law, and not from the day when, or if, the Municipal Assembly subsequently notes it," claims the interlocutor, adding that, in practice, it is not ruled out that local authorities could try to count the deadline only from the date of the note, which would "de facto control when and whether that deadline even begins to run."

The second scenario, which according to the interviewee is less likely, is for the Government to dissolve the Mojkovac parliament if it fails to fulfill its legally established obligations for more than six months.

"Procedurally, before the dissolution itself, the Government must warn the Mojkovac Municipal Council and give it an additional deadline to act. Only if it fails to act then will the dissolution follow. Such a scenario could occur as early as February next year, when the Board of Trustees could take over the management of the municipality until the next elections scheduled for June 13, 2027," said the newspaper's interlocutor.

He pointed out that the law, however, gives the municipality the right to challenge, through a constitutional appeal, before the Constitutional Court an individual act of a state body that it believes violates the citizens' right to local self-government.

"It is not ruled out that the Mojkovac Municipal Assembly, if the Government moves towards dissolving or appointing a commissioner, would further prolong the process. Finally, it is important to note that there are no provisions in the relevant laws that would prevent the local Municipal Assembly from immediately re-electing Delić as mayor as soon as it determines the termination of Delić's mandate," the source said.

Surveillance has begun, Delić is not moving.

Minister of Public Administration Marash Dukaj announced the day before yesterday that his department had initiated the procedure of administrative supervision over the work of the Mojkovac Municipal Council in the part of the implementation of the provisions of the Law on Local Self-Government that relate to the termination of the mandate of the municipal president.

"The law prescribes cases when the mayor's mandate ends by force of law, as well as the obligations of the Municipal Assembly in this regard. The Ministry will provide the Mojkovac Municipal Assembly with the findings of the inspection and clear guidelines regarding the proper implementation of the Law on Local Self-Government," Dukaj announced on the "Iks" network.

Delić wrote on Facebook on Sunday that he would not step down from his position, saying that his conscience is clear.

"I will not comment on the verdict, except for the part - and what I emphasized several times during the trial - that I reject any alleged intent that is being charged against me. And what is crucial in my opinion, and what is stated in the reasoning of the verdict, is that my conscience is clear regarding the fact that I did not obtain personal material benefit for myself, nor did I cause material damage to others," he stated.

Delić was sentenced to a suspended sentence of six months in prison (which will not be executed unless he commits a new criminal offense within two years of the verdict becoming final). According to the decision of the Higher Court, published in mid-January, Delić was found guilty of appointing the heads of the Municipal Police and the Protection and Rescue Service in Mojkovac four years ago, Mile Šutović i Marinko Medojević, without a (previously) announced competition and even though he knew that they did not meet the legal requirements for those positions.

The Court of Appeal states that the Higher Court provided “clear, reasoned and valid reasons regarding all decisive facts” from which it determined that Delić committed a criminal offense.

They say that a suspended sentence is an appropriate sanction, taking into account "mitigating and aggravating circumstances, the degree of guilt, and the personality of the defendant."

"... This is all the more so since in this specific case... there was no personal financial gain for the defendant or any financial damage to another, so the threat of a sentence with a probationary period of two years represents a proportionate criminal sanction in the circumstances of the case at hand and a sufficient warning to the defendant, with a clear social condemnation and a message that lawful conduct is expected, especially from holders of high public office...", they underlined in the statement.

Similarity with the Kolašin case

Delić's case is reminiscent of the one that took place in Kolašin in 2022. The former mayor of that municipality Milosav Bulatović (DPS) was sentenced, also conditionally, for abuse of official position.

As the court determined, he is applying for professional training Marko Matovic at the Police Academy in Danilovgrad, with his own signature and stamp, he falsely stated that Matović worked as a municipal police officer.

Matović was not employed at the time, and after training he was appointed head of the Municipal Police.

While the opposition in Kolašin at the time said that Bulatović could not lead the city - because, as they claimed, he had committed an act that made him unworthy of continuing to hold office - he responded that he had not done anything dishonorable or unworthy of office.

However, despite ignoring months of opposition pressure and remaining in office, a few days after stating that he had no intention of resigning, he did so anyway.

In a brief statement, Bulatović then informed the public that he had decided to take this action due to the "political interpretation of the Court of Appeal's verdict."