Despite Marko Kovačević’s (New Serbian Democracy) mayoral term for the Municipality of Nikšić officially ending exactly a week ago, he remains in the position.

This is evidenced by Kovačević’s public engagements and activities, which are available to citizens via the Nikšić municipality website (niksic.me) and through media coverage.

Kovačević was elected mayor on May 10, 2021, which indicates that, following the Law on Local Self-Government (Article 55), his four-year term concluded on the same date this year—specifically, the previous Saturday.

The same law states (Article 66) that upon the expiration of the municipal president’s mandate, the vice-president designated by the local parliament will assume the role until a new one is elected.

Nikšić has two vice presidents: Zoran Tomić (Socialist People’s Party) and Mitar Goranović (Democrats), but the municipal assembly has not yet granted either of them the authority to run the city.

This was confirmed to “Vijesti” by the head of the Nikšić parliament, Nemanja Vuković (Democrats), who noted that the last parliamentary session took place on March 27th.

This situation implies that the Nikšić executive branch is currently either unable to make decisions due to a lack of an authorized individual, or Kovačević is potentially undertaking illegal actions by continuing in his role.

According to the Law on Local Self-Government (Article 66), a new municipal head must be elected within 30 days of the expiration of the previous mandate. Failing this, the local legislative body may decide to shorten the term upon the proposal of the Government or councilors.

Neither Kovačević nor the Municipality of Nikšić responded to “Vijesti”‘s queries regarding any decisions made post-mandate expiration. However, Kovačević mentioned to the newspaper that the Municipal Information Service would provide answers on Monday.

An insider from the Nikšić municipality indicated that Kovačević and other local government bodies are “in a technical mandate until a new head of the municipality is elected,” and that the vice presidents’ mandates end with that of the president.

“During this interim period, from when election results are announced until the new assembly is constituted, existing officials maintain the status quo until new executive bodies are chosen, similar to the Government of Montenegro at the national level,” stated the source.

Nevertheless, the concept of a “technical mandate” lacks legal grounding, and the Local Self-Government Act (Articles 66 and 67) explicitly notes when vice presidents can remain beyond the president’s term, which is the case in Nikšić.

Since May 10, when Kovačević was expected to vacate his post, three announcements featuring him as the city’s leader have appeared on the municipality’s website. The first details his participation in the liturgy and the breaking of the slava cake in the Cathedral Church of St. Basil of Ostrog in Nikšić. The second addresses the presentation of St. Basil’s letters of thanks, and the third relates to a reception for Nebojša Drinić, a member of the Banja Luka parliament and vice president and secretary general of the Party of Democratic Progress.

Additionally, Kovačević spoke at the “RE:D” (Real Estate Development) conference in Podgorica on Thursday, where he was introduced as Nikšić’s mayor.

“Vijesti” is also awaiting Kovačević’s response regarding his activities as mayor after his term concluded.

The Ministry of Public Administration informed the newspaper that they would clarify whether there are any repercussions for an individual who continues to operate in the role of municipal leader after their mandate has expired.

Currently, negotiations in Nikšić are focused on forming a government, and Kovačević stands a strong chance of retaining his leadership role.

The local parliament is scheduled to convene on May 27th, during which the mandates of the new councilors will be confirmed.

In the local elections held on April 13, the Democratic Party of Socialists secured 16 councilor mandates, while Kovačević’s coalition For the Future of Nikšić (ZBNK) garnered 15. The Europe Now Movement (PES) obtained five mandates, Democrats-Plenum 083 received three, and the European Alliance secured two.

With 41 council seats in the Nikšić parliament, a majority of at least 21 is necessary to establish a government. Should ZBNK, PES, and the Democrats, who are partners in the state government, reach an agreement, they could form a governing majority of 23 seats.

The three political entities recently initiated discussions regarding power-sharing. When asked by “Vijesti” about the progress of these negotiations, as well as when the outcomes might become known, Nemanja Vuković stated that they maintain the commitment that “nothing is agreed until everything is agreed.”

“I believe that by May 27th, we will have a formalized government, elect the Assembly President during that session, and subsequently convene a sitting to elect the President and Vice President of the Municipality, thus finalizing the government formation process. However, we stand by our previously successful strategy from 2021—to keep negotiation details private until a consensus is reached,” he expressed.

Kovačević informed the Public Service Portal in early May that negotiations were underway and that “the atmosphere is encouraging.”

“We have established the principle to keep negotiations confidential until a complete agreement is achieved. I am confident that these discussions will be fruitful and we will not have to wait long for the new government to be formed,” he said.

According to the Law on Local Self-Government (Article 39), the city parliament must be formed by electing its head within 60 days of the final election results being published in the Official Gazette (which occurred on April 28).

The municipality head must be elected no later than 30 days following the assembly’s formation.

If this does not take place, the president will be required to call new elections.

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