The only legitimate way to address the situation in Šavnik is by concluding the electoral process, as implementing compulsory administration would be unlawful, stated Damir Suljević, a program associate at the Center for Civic Education (CCE) and a member of the State Election Commission (SEC).

While commenting on the scheduling of the Šavnik Municipal Assembly (MA) session, which includes the election of the mayor, he told ”Vijesti” that the still-incomplete 2022 elections were marred by political maneuvering in which all parties, including both the local government and opposition parties, took part. He noted that the opposition is now attempting to absolve themselves of that responsibility, shifting the blame entirely onto the Šavnik government parties.

Suljević insisted that the local opposition, aligned with the Assembly head (Andrija Mandić), has deliberately obstructed the completion of elections in Šavnik, knowingly violating legal protocols.

“Had the government been elected back then, new elections would have occurred next year. Moreover, in four years, processes could have been put in place to prevent similar issues. The lingering question is why there was a lack of political will to address this and if similar situations are anticipated in the future,” Suljević commented.

The mandate of the current Šavnik parliament has been in effect since late June 2018 but remains uncompleted after four years, as local elections in the municipality have yet to conclude since autumn 2022. Under the Law on Local Self-Government (Article 37), the mandate of local assemblies lasts four years, with the mayor required to be elected (Article 56) no later than 30 days after their constitution, or (Article 66) no later than 30 days following the end of the previous mayor’s tenure. Article 5 clarifies that local parliament members serve for four years, yet their mandates (Article 14) expire upon the confirmation of new councilors’ mandates.

The session of the Šavnik Municipal Council is set for today, and it is likely that Jugoslav Jakić from the Democratic Party of Socialists (DPS), whose term expired yesterday, will be re-elected as mayor. Jakić was initially appointed to this position on February 18, 2021, via the votes of the DPS and the Social Democrats (SD), succeeding Vlatko Vuković (DPS), who resigned.

Minister of Public Administration Marash Dukaj urged Šavnik parliament members yesterday to make decisions aligned with democratic accountability principles and cautioned against giving themselves powers beyond those granted by the Constitution.

He reminded Mandić and Prime Minister Milojko Spajić that the Ministry of Public Administration (MPA) had sent information to the parliament and government at the end of the previous month, emphasizing the urgency of rectifying issues within the local self-government system. However, they did not receive a reply nor observe any response.

“If this situation persists, everyone will claim the right to interpret the law to suit their political needs,” Dukaj stated.

In his communication to Mandić and Spajić, he highlighted that the responsibility for systematically tackling challenges in these municipalities rests with the Assembly and its relevant committee.

“The MPA has exhausted all legal avenues to address these negative phenomena, while the Parliamentary Committee for Comprehensive Electoral Reform has undertaken the responsibility of resolving the crisis in Šavnik. The Ministry of Public Administration remains committed to the implementation of reforms,” Dukaj noted in the correspondence.

Yesterday, Mandić urged the Government to convene an electronic session and instate compulsory administration for both Šavnik and Kotor, where elections are also incomplete due to pending decisions from the Constitutional Court regarding election disputes.

He further expressed on the X network that it is “hypocritical for the responsible government minister to shift the issue to the Speaker of Parliament or the Prime Minister,” stating that it would be more honest to acknowledge the lack of political strength to resolve the problem.

A government source informed ”Vijesti” that no electronic session regarding Šavnik has been scheduled and that the issue cannot be resolved “overnight,” as it requires legal procedures, including issuing a warning decision.

In April of last year, the government decided to implement compulsory administration in Šavnik, but President Jakov Milatović did not call for elections. He explained that, since the current Municipal Assembly’s mandate expired in June 2022, its dissolution through governmental action post-expiration cannot lead to new elections.

“Mandić presents himself as a firefighter putting out a fire he himself caused”

In response to Mandić, Dukaj asserted that neither his Ministry, himself, nor the Government is responsible for the obstruction of the Committee for Comprehensive Electoral Reform. The committee was hampered by the opposition at the end of the previous year due to the Constitutional Committee’s conclusion concerning the retirement of a Constitutional Court judge, Dragan Đuranović.

Damir Suljević remarked that it’s unusual that every party, except for the President of the Parliament of Montenegro, has acknowledged that the only legitimate path to resolve the Šavnik situation is to complete the initiated electoral process.

“Now he attempts to portray himself as a firefighter extinguishing a fire, but nobody has forgotten that he ignited that fire along with his associates, as it was he and supporters of part of the ruling majority at the national level who obstructed the completion of these elections,” Suljević stated.

Voting took place nine times at two polling stations, in the Municipality building and in the village of Kruševice, where 541 voters are eligible. The last voting occurred on December 18, 2022, but the elections were interrupted again, as representatives of the coalition For the Future of Šavnik prevented newly registered voters from participating. The State Election Commission (SEC) holds frequent sessions to address complaints related to the elections in Šavnik, issuing similar decisions (over 150 of them) ordering the Municipal Election Commission (MEC) Šavnik to decide on repeating the elections. Nevertheless, when the MEC president schedules a session, the vote results on repeating the elections end in a tie – four in favor and four abstaining.

Numerous individuals have faced prosecution before judicial authorities for incidents related to the elections in Šavnik, including numerous altercations and clashes.

Suljević expressed that while Dukaj’s reaction is more justified than Mandić’s, it also sends a public message about the considerable discord within the ruling majority and indicates a lack of a coordinated strategy, goals, or mission.

“Earlier, we had heard announcements suggesting that illegitimate assemblies in Šavnik and Kotor would elect municipal presidents, while all institutions remained silent except for the Ministry of Public Administration,” he remarked.

He emphasized the necessity for local self-government to function properly, ensuring citizens’ needs are met by granting authority to the critical executive figure – the mayor.

Kotlica: Dukaj does not interpret the law equally for everyone

President of the Šavnik Municipal Assembly, Nadezhda Kotlica (DPS), stated to Dukaj yesterday that all actions in the municipality adhere to the Constitution and the law and emphasized that no other municipality has faced such trampling of citizens’ rights, hindering them from voting and electing their local government through directly and freely elected councilors.

As reported by RTV Nikšić, she asserted that after Dukaj’s recent statement, it is evident that Mandić and Spajić do not respond to him regarding the Assembly’s term in office, as the Law on the Election of Councilors and Representatives dictates that the term continues until a new one is elected.

“The failure to complete the election process is not our responsibility, but rather that of state institutions,” Kotlica added, suggesting that the minister is not interpreting the law uniformly.

She noted that Dukaj has sometimes recognized this “to safeguard the public interest,” as seen in Plužine.

Furthermore, she claimed that Dukaj applies double standards when addressing local dilemmas, offering one interpretation for the capital and Plužine while providing different statements for Šavnik.

The Ministry of Public Administration responded, clarifying that their opinion provided to the Capital City of Podgorica pertained to a distinct legal scenario in which the election process was completed, as the municipal election commission announced the results, necessitating a session of the Capital City Assembly prior to the confirmation of mandates.

In December, the MPA presented a proposal to the Government to convene a session for the newly elected Assembly of the capital, focusing solely on the election of the Assembly President.

In her response, Kotlica emphasized that the intent behind Article 14 of the Law on the Election of Councilors and Representatives is not to ensure unlimited terms for councilors, but rather to foster conditions for the effective functioning of local self-government in a timely manner when specific circumstances necessitate it.

The DPS stated yesterday that the solution to the crises in Šavnik and Kotor lies in completing the electoral processes in both locations and announcing final election results.

Member of the Europe Now Movement (PES), Vasilije Carapić, remarked that electing the president of Šavnik municipality through an illegitimate assembly via, as he termed it, the Zoom platform would represent an unparalleled act of undermining the constitutional and legal order, paving the way for political chaos with unimaginable consequences.

The Coalition for the Future of Šavnik asserted that the problems stem from the DPS Municipal Board in Šavnik and their headquarters in Podgorica, stating, “without holding them accountable, there is no solution for this issue.”

In Kotor, the situation is more complicated, but the solution is more certain

Suljević pointed out that the situation in Kotor is somewhat different but also significantly more complex, contingent on potentially resolving through the election of the missing judges of the Constitutional Court, where DPS’s constitutional appeals are currently pending.

“Nonetheless, as the selection of Constitutional Court judges always hinges on political agreements, whether the new judges’ political views will influence their legal judgments remains uncertain,” he noted.

He believes that the answer isn’t to impose compulsory administration but rather for national-level majority parties to concentrate on completing the electoral processes already underway and addressing the issues that could hinder these processes in the future instead of attempting to maintain or seize power locally through coercion and repression.

The mandate of the Mayor of Kotor, Vladimir Jokić (Democrats), expired at the end of October last year. Due to disputes concerning two polling stations, the final results of the September elections are still unannounced, preventing the formation of a new government.

Recently, Jokić identified three potential resolutions to the crisis: for DPS to withdraw its appeals to the Constitutional Court, the election of a new Constitutional Court judge, or the activation of the “old” convocation of the Municipal Assembly constituted in 2020.

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