To the President of the Municipality of Nikšić and the MP of the New Serbian Democracy (NSD) Marko Kovačević: the legal deadline for him to resign from his parliamentary post ends tomorrow.

This requirement is based on the provisions outlined in the Law on the Prevention of Corruption.

The law stipulates that a public official engaged in state administration, local government, or local self-government cannot serve as a member of parliament and must resign from their public office within 30 days of assuming another role.

Kovačević was appointed as the head of Nikšić on June 3, and this decision took effect immediately, meaning his deadline to vacate his parliamentary role is tomorrow.

The Law on the Election of Councilors and Representatives (paragraph 101, Article 3) indicates that once a parliament is notified about the reason for the termination of a member’s mandate, it must address this at the next available session.

Attempts by “Vijesti” to obtain a response from Kovačević or the parliament about whether he has resigned were unsuccessful.

If he has resigned, the parliament could formally acknowledge this as early as today since the spring session is set to proceed.

Potential successors in the parliamentary lineup for Kovačević include former executive director of the Pljevlja Coal Mine Milan Lekic, and former president of the Municipality of Berane Vuko Todorovic.

In late September of last year, the Agency for the Prevention of Corruption (ASK) annulled previous decisions made in 2023 under the leadership of Jelena Perović. This included determinations that the then-mayors of Bar, Kolašin, and Tuzi — Dušan Raičević, Vladimir Martinović, and Nick Djelosaj — were not in conflict of interest, even while holding parliamentary positions.

Previously, the Law on the Prevention of Corruption, which was in effect until the end of last year and adopted in 2016, permitted municipal presidents to also serve as assembly members, omitting local self-government bodies from its regulations. It articulated that “a public official engaged in state administration and local government bodies (secretariats, agencies, municipal administrations, etc.) may not hold the position of a deputy or councilor.”

In June of last year, the Law on the Prevention of Corruption was revised under the so-called IBAR Law, which now asserts that “an official functioning in state administration and local government bodies cannot serve as a member of parliament.”

In the meantime, Martinović and Đeljošaj have transitioned to ministerial roles and left their parliamentary positions, whereas Kovačević, the leader of the Bar parliament, retained his parliamentary seat, alongside Branislav Nenezić.

Raičević submitted his resignation in October, but the NSD parliamentarian did not, asserting that both roles commenced under the former law. Conversely, Nenezić has appealed to the Administrative Court, indicating that the final verdict will be determined by the court’s ruling.

Kovačević stated on Radio Television Nikšić in early June that he would exit the parliamentary benches “within the legal deadline.”

“My re-election as mayor serves as proof that I plan to resign as an MP within the stipulated timeframe. This illustrates that I was not concealing anything, but rather focused on my priorities rather than those of others,” he remarked at that time.

Kovačević’s parliamentary role had shielded him from investigation for over a year.

On June 16 of last year, the Higher State Prosecutor’s Office (VDT) initiated an inquiry against Nikšić’s leader due to remarks he made about “those who wish to resemble Turks instead of brothers, being treated as Turks.”

This statement was made during a commemoration of the 166th anniversary of the Battle of Grahovac, and the State Prosecutor’s Office is examining whether this statement constitutes criminal hate speech.

However, to summon him for questioning, his parliamentary immunity needed to be waived, yet the Administrative Committee of the Parliament did not address this matter.

The head of that parliamentary committee, Jelena Nedović, stated in late January during a discussion on Načisto on Television Vijesti that “when the Prosecutor’s Office submits the necessary documents to the parliament, it will be forwarded to the Administrative Committee.”

Nevertheless, the VDT confirmed to the same television outlet that they had submitted all necessary documentation.

“At the Administrative Board’s request, the Supreme Prosecutor’s Office provided the required files on October 7, 2024. Since there has been no action regarding this correspondence, an urgent follow-up was sent on December 17, which remains unaddressed to this day,” they reported in March.

Should Kovačević’s parliamentary position end, his immunity would lapse, allowing for a potential questioning by the Supreme Prosecutor’s Office.

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