The viability of the agreement signed by Prime Minister Milojko Spajic with certain opposition members is in doubt, as not all governmental and opposition factions endorsed it, leading some to already distance themselves from the pact. The accord aims to solicit the Venice Commission’s perspective on recent developments concerning the Constitutional Court in an effort to mitigate the political crisis.

This observation comes from sources who spoke to “Vijesti,” noting that following the agreement’s signing, both the former Democratic Front (DF) and the opposition Civic Movement (GP) URA expressed that the agreement is non-binding for them. The Prime Minister’s signature on Saturday evening was alongside those of the Europe Now Movement (PES), Spajic, the leader of the Democratic Party of Socialists (DPS) Danijel Zivkovic, European Union leader Damir Sehovic, and Croatian Civic Initiative (HGI) leader Adrian Vuksanovic.

The agreement was facilitated by the European Union (EU) Delegation in Podgorica, which specified that a combined representative from both the government and the opposition must draft a request to the Venice Commission for the removal of Dragana Đuranović from the Constitutional Court due to retirement eligibility. This request is expected to be prepared within a week after the agreement’s signing and will be forwarded to Spajić after consultations.

In the meantime, the opposition has declared its intention to return to parliament.

POTENTIAL ISSUES AHEAD

Lawyer Boris Marić considers the agreement significant, albeit limited in scope, as it was brokered by the EU Delegation and establishes “a sort of roadmap for enhancing political dialogue between government and opposition, aimed at fostering support for critical decisions on Montenegro’s EU membership path.”

“I refer to the current limited scope since negotiations were primarily conducted between the dominant entities in both the government and opposition, excluding other parliamentary players, which is likely to lead to practical complications. These can range from obstructing decision-making to raising issues that might disrupt coalition dynamics or regional relations, including ties with the EU,” he explained.

He also emphasized the authority of the Venice Commission’s opinion, expressing optimism about its potential role in alleviating the political turmoil and not foreseeing any obstruction concerning it.

Program associate at the Center for Civic Education (CGO) Nikola Đurašević noted that the durability of the agreement remains in question due to uncertainties regarding whether it can withstand “the winds that threaten to disperse it.”

“A singular document resolves little regardless of its content if there is no change in the political climate, which currently leaves much to be desired,” he remarked.

NO MENTION OF “DIVISIVE ISSUES”

The agreement, consisting of two articles, emphasizes that the signatories committed to ensuring the complete execution of the Venice Commission’s opinion. Until this is received, the process for electing a judge to the Constitutional Court based on the competition published by the Parliament’s Constitutional Committee will be halted.

The second article states that following the adoption of this document, the parties pledge to stabilize the political environment and restore Parliament’s functionality while supporting EU reforms and legislative initiatives in coordination with EU institutions to aim for the conclusion of EU accession negotiations by the end of 2026, and to continue the work of the parliamentary committee on electoral reform.

Despite the DPS’s claim that there was an agreement against broaching “issues that polarize Montenegrin society without a prior general political consensus,” no such stipulation is mentioned within the document. DPS has consistently advocated for an agreement with the opposition that would impose a moratorium on amendments to the Constitution and the Law on Montenegrin Citizenship, arguing that these topics are insufficiently addressed in the government’s “Barometer 26” platform, which they had proposed for signature.

The day after the agreement was formalized, New Serbian Democracy (NSD) declared it a “party agreement between PES, DPS, and others from the opposition,” dissenting from the notion that it represents an agreement involving the broader government-opposition framework. NSD MP Jovan Vučurović contended that the signatures and the make-up of the negotiating team affirm this, as only PES is represented without other governmental constituents.

PES responded by stating that presenting the arrangement between the government and opposition as an agreement solely between PES and DPS is a “brazen manipulation ahead of the elections in Nikšić and Herceg Novi.”

The ruling Democrats, Bosniak Party, and Socialist People’s Party have not provided a response to “Vijesti” regarding their acceptance of the document initialed by Spajić.

“ABANDONING ‘VENICEANS’ WOULD SIGNAL A NEW TURN”

A source from PES informed ”Vijesti” that the signed agreement includes “what the (ruling) majority had previously consented to” and asserted that it does not entail anything new that the government had not already extended to the opposition. He claims that government colleagues, despite their public statements, indicate they find no significant issues with the agreement…

“Should any of them choose to forego the Venice Commission, that would represent a new development…”, he remarked.

There is nothing contentious regarding the “Venetians,” asserted the Chairperson of the Constitutional Committee Jelena Božović (NSD). During a session of that body yesterday, where the hearings for candidates to sit on the Constitutional Court were ongoing, she stated that the judge selection process would proceed, and they would later assess how to advance with the selections thereafter.

“We maintain that Judge Đuranović’s retirement was executed in accordance with the law and the Constitution, so there was no violation. We welcome the Venice Commission’s forthcoming statement, as we are fully confident in the constitutionality and legality of our decision,” she stated.

Božović added that one judge may be elected prior to receiving the Venice Commission’s opinion, and possibly another judge afterwards.

She recalled that this was an earlier proposal from the majority, but that “it was clear that DPS needed a rationale for their return to parliament, recognizing the political miscalculations that had significantly impacted them.”

Following the agreement’s signing, the opposition decided to re-enter Parliament as DPS representatives announced at a press conference yesterday. The suspension order imposed on opposition MPs by the Speaker of Parliament recently expired, Andrija Mandic (NSD) stated, as they had obstructed sessions since late last year.

The opposition had blocked the sessions, arguing that the Constitution had been contravened when Parliament, without the mandatory notification from the Constitutional Court, declared Đuranović’s judicial position terminated due to his qualification for retirement in mid-December of last year.

“IT’S UP TO SPAJIĆ TO ACT ON THE OPINION”

Commenting on the ongoing hearings for candidates for two Constitutional Court judges despite the agreement outlining a suspension on electing one, an opposition source for ”Vijesti” indicated that the committee cannot be hindered and this is not a matter of contention. Nevertheless, they highlighted that both candidates cannot be chosen because “without PES, no majority exists for that.”

When questioned about how the government intends to execute the Venice Commission’s opinion considering the discordant tones from the former DF, the interlocutor stated it rests with Spajić, as the Prime Minister has signed a cooperation document with the EU and cannot deflect responsibility by saying “Mandić will not.”

He claims that PES is currently “the most under siege,” with concerns regarding how long parties from the former DF will “tolerate” refraining from contentious issues “that polarize them.”

Vice President of the Democratic People’s Party (DNP) and Minister of Transport Maja Vukićević stated yesterday that it would be unacceptable for her party to avoid discussing the status of the Serbian language and the regulation of dual citizenship without broad consensus, “if this is what the agreement stipulates.” In a Facebook comment, she expressed her concern regarding the current state of the Constitutional Court, where there are presently “two judges with reasons determined by the Constitutional Committee for the termination of their judicial functions.”

She further contended that the document “signed between DPS and PES cannot be regarded as an agreement between the Government and the opposition,” due to the absence of all political entities constituting the government and opposition during its formulation.

“EVERYTHING DEPENDS ON THE GOODWILL OF COALITION PARTNERS”

Nikola Đurašević noted that the distancing from the document by the former DF indicates that, despite Spajić’s role as Prime Minister, he cannot assure anything on their behalf, let alone guarantee basic respect for the opposition within Parliament.

“This is critical for Parliament to function effectively and for making vital decisions on Montenegro’s European trajectory, which requires a broad political and social consensus,” he asserted.

According to him, should the Venice Commission deem the Constitutional Committee’s conclusion unconstitutional, Spajić lacks the authority to enforce it and must rely solely on the goodwill of coalition partners, “which could be detrimental to him.”

He recalled a previous instance involving amendments to the Law on the President of Montenegro (in 2022), where the Venice Commission found the proposed solution unconstitutional, which part of the current parliamentary majority rejected.

“This scenario could repeat itself, but in such a case, Spajić will need to justify why he continues to partner with those who disregard European recommendations. Although, such circumstances are not new for him, as he’s previously sustained coalition relations despite conflicting statements or actions from partners at odds with our EU aspirations,” Đurašević emphasized.

He anticipates that any impediment or delay in the “Venetian” recommendations’ execution could result in broader repercussions, impacting not just internal political stability but also Montenegro’s standing with international partners, notably the EU.

The signing of the agreement on Sunday was positively received by the European Commissioner for Enlargement Marta Kos, Ambassador of Germany Peter Felten, and the EU Delegation…

The agreement may benefit DPS in Nikšić, but disadvantage PES

Boris Marić asserts that the agreement’s signing may provide some advantage to DPS ahead of the Nikšić elections, while PES’s position remains uncertain since it is contesting elections independently for the first time, with outcomes influenced by multiple factors.

“PES’s significant advantage lies in being a pivotal figure in government, with actions suggesting they are at the forefront of advocating for governmental and EU integration dynamics—this could serve as the foundation for their electoral campaign while taking into account their known populist approach to economic policies,” he said, addressing concerns regarding whether the agreement with the opposition could negatively impact PES in the approaching elections slated for April 13.

Đurašević reminds that although PES has a prime minister, its past electoral performances have been poor when contesting independently and in certain cases, coalition formations have proven ineffective. He attributes this decline to a lack of development in party infrastructure, stating, “the PES voter base is diverse and can easily sway towards other parties, especially those within the ‘For the Future of Montenegro’ coalition (formerly DF).”

He asserts that cumulatively, independent of the agreement, the situation for the Nikšić elections could pose challenges for PES, and that if DF manipulates the situation “in ways that seasoned parties understand how to navigate on the ground—it could further burden PES during these elections.”

“The agreement’s ultimate effect may hinge on PES’s effectiveness in articulating its objectives. If they can present the agreement as a step toward stability, they may preserve support, but there is a risk of rating degradation if voters fail to appreciate the rationality of this decision, especially given their weak presence in Nikšić,” he warned.

Milatović: It is not good practice to sign an agreement at the embassy again

State Head Jakov Milatović remarked yesterday that if the signed agreement serves to facilitate the opposition’s return to parliamentary functions and enhances Parliament’s efficacy, “it represents a positive stride forward.”

In response to inquiries from journalists following a conference on electoral reform organized by the Center for Monitoring and Research (CeMI), he commented that it is inadvisable for agreements to be signed “again at a foreign embassy.”

When asked about the relationship of the agreement to dual citizenship and language issues, he articulated that doing so would be akin to sidelining democracy.

News