The announced amendments to the Law on Local Self-Governments, proposed by the President of the Assembly Aleksa Bečić, do not oblige the President of the state to cancel the already scheduled elections, believes the Dean of the Faculty of State and European Studies Đorđije Blažić.
Blazic told Radio Montenegro that the elections had already been called, and that the intervention of the legislator was delayed. SNP leader Vladimir Jokovic believes, however, that the law is above the president's decision and that the elections should be held on the same day. Blazic also agrees that elections in one day are a rational solution, but he wonders how to shorten the mandates.
Blazic points out that the elections have already been called and that the procedures are underway, and that this process cannot be stopped by law now. He also says that the current situation around the local elections in Montenegro, which is contained in the Draft Law on Amendments to the Law on Local Self-Government, causes several controversial legal problems.
“We already have the fact that the President of Montenegro, in accordance with his legal authority, called local elections for the Assemblies of local governments: Capital of Cetinje, Mojkovac and Petnjica, as well as the fact that in the coming period, at different times, regular elections in other local communities, with the intention of the proposers of the law to hold these elections in one day”, stated Blažić.
In the situation of already announced elections where the election process is already underway related to voter lists and other election activities that are under the jurisdiction of other state and local government bodies, there are no legal possibilities to “put out of force the decisions of the President of Montenegro”, he adds.
“In that sense, the intervention of the legislator for the” extension of the mandate of councilors in three local self-governments where elections have already been announced “was evidently delayed,” says Blazic.
He explains that the concept of “single elections” given in the bill, which refers to the elections of assemblies in other local self-government units, clearly associates with the necessity of legislative intervention, first of all shortening the mandate of all local self-government assemblies, because local self-governments have different election terms, in order to hold new single elections.
Blazic adds that even if the mandates of other municipal assemblies were shortened before the end of their regular mandate, they would have a controversial situation of “retroactive application” of these provisions of the amendments to the law.
“Such a law and these provisions would legally have retroactive effect on already existing mandates of assemblies that have not expired, especially having in mind the constitutional prohibition of retroactive application of the law from Article 147 paragraph 1 of the Constitution of Montenegro, with the allowed exception that certain provisions in the procedure of passing the law, Article 147, paragraph 2) may have retroactive effect. This means that the assembly would first have to determine the public interest in the provisions that are changing, and only then adopt the law with the changes it proposed,” he pointed out.
Jokovic: The already scheduled elections should be moved
SNP leader Vladimir Jokovic told Radio CG that the elections should be held in the spring, along with other local elections in one day.
“If a law is passed so that all municipal elections are held in one day, then that law must be respected. The already scheduled elections should be moved to the spring and all local elections should be held in one day”, said Joković.
Jokovic is of the opinion that the law is above the president's decision. He believes that all opposition parties will agree to hold all local elections during the spring.
“Elections were also called in Tivat, so they were postponed due to the crown. There is no word on retroactive application of the law. The law is valid from the moment it is passed onwards. The law is above the president's decision,” Jokovic told Radio CG.