No right is absolute; all are bound by the rights of others. This necessitates that MPs, particularly the Speaker of Parliament, carefully interpret their powers publicly. The political landscape in Montenegro is “structured such that the political class holds all rights, while citizens hold none.”

This assessment comes from sources speaking to “Vijesti,” responding to the claim made by Andrije Mandić, the parliamentary leader, asserting that deputies interpret the Constitution as it permits, voting according to personal beliefs, independent of agencies or ministries, because citizens granted them this authority. Mandić made this statement on Friday prior to the vote on the Spatial Plan of Montenegro until 2040, after Deputy Mihailo Andjusic (DPS) highlighted that the Environmental Protection Agency mandated the relevant Ministry to address objections raised in the Strategic Impact Assessment Report on the Spatial Plan and suggested postponing the vote until these issues are resolved.

The Assembly President responded that the Assembly has concluded its discussion and will issue a statement.

“You mentioned the Agency’s position; however, we are the Assembly: older than the Government, Ministry, and Agency. We are the people’s representatives, declaring ourselves as the Constitution permits—MPs vote according to personal beliefs and positions. This is our significant advantage: we are not beholden to agencies or ministries, but express ourselves as we choose, as citizens have granted us that right,” stated Mandić.

Marić: Sovereignty Belongs to the Citizens

Lawyer and former Secretary General of the Government, Boris Marić, informed “Vijesti” that no rights are absolute and all are confined by the rights of others in social interactions.

“Consequently, MPs, particularly the President of the Parliament of Montenegro, must exercise caution when interpreting their competencies publicly,” Marić remarked.

He asserted that sovereignty, according to the Constitution, belongs to the citizens of Montenegro, not to MPs. All state institutions and their leaders, operating under mandates or contracts with the state, are bound by both the Constitution and the law.

Marić emphasized that state officials’ actions are directed and limited by Montenegro’s laws and Constitution.

“All decisions made in Parliament, as a legislative entity, must comply with legal frameworks and regulations, maintaining transparency and a clearly defined public interest.”

He reminded that should adopted acts not align with applicable laws and the Constitution, the authority of the Constitutional Court comes into play, responsible for safeguarding the country’s constitutional order.

“It may be worthwhile to consider providing MPs and ministers with training in constitutional and legal matters within the initial months of their mandates, covering the interactions between government bodies, decision-making methods, and an elaboration of competencies,” Marić suggested.

Đukić: The Statement is Truly Undemocratic

Analyst Stefan Đukić noted that the Constitution states that citizens exercise power directly and through elected representatives, yet in the nineteen years of independence, that power has never been exercised directly.

“Moreover, neither the Constitution nor laws outlining these matters permit citizens to exercise power directly. Even when elected representatives deliberately contravene the law or establish unconstitutional provisions, citizens can only react by voting every four years,” remarked Đukić.

He pointed out the absence of obligations for elected representatives to their voters, as they face no constraints from campaign promises or party platforms.

“In essence, our legislative framework and Constitution are inherently undemocratic, leaning towards elitism and party-driven governance, making Andrija Mandić’s previous statement yet another indication of this trend,” added Đukić.

He highlighted past instances where the political class has disregarded voters, enacting decisions known to lack public support. He recalled how they consciously acted contrary to their electoral promises, consistently rationalizing such actions by claiming they “know better” and needed to implement supposedly unpopular decisions.

“Mandić’s declaration is undeniably undemocratic, yet fits seamlessly into a broader narrative advanced by figures like Dritan Abazovic, Dusko Markovic, Milo Djukanovic, Ranko Krivokapic, and others,” stated Đukić.

He explained that the Constitution and laws have “structured” Montenegro’s political environment to grant the political class all rights while leaving citizens with none, making it rational for individuals in such a system to behave accordingly.

MP and President of GP URA, Dritan Abazović, asserted through his party’s podcast that the Speaker of Parliament’s claim—that “MPs can express their opinions on anything given the mandate from the people”—is particularly tragic.

“They can express opinions on any matter, but only in accordance with the Constitution and laws. This does not justify violations of fundamental procedures. If tomorrow they resolved to displace a hundred thousand citizens—would that be acceptable due to their majority? No, because that would fundamentally breach the Constitution and law. For a legal solution to be processed and presented to deputies, it must pass several filters, one of which was the Environmental Protection Agency’s opinion applicable to the Spatial Plan of Montenegro, which was not timely addressed. The Parliament isn’t solely to blame for this; the Government bears significant responsibility,” Abazović said.

Đukić: The Problem is the Political Framework

Stefan Đukić expressed that “the dilemma isn’t Mandić, Abazović, or Spajić, but rather the political framework that hinders citizen participation in political life outside party affiliations. This framework grants decision-making authority based on party membership, not on knowledge, activism, and the quality of proposals.”

“Thus, we need to reach far-reaching agreements, recognizing that we must not rely on the “good will” of politicians. We must impose limits on them and, in myriad ways, expand the rights of ordinary citizens,” emphasized Đukić.

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