We call on the Parliament of Montenegro to promptly fulfill its duty by appointing members from the ranks of political parties to the permanent composition of the State Election Commission (SEC). This will end the nine-month violation of the law and ensure that the upcoming local elections in several municipalities are held in well-regulated circumstances where electoral rights are protected in accordance with the standards for free and fair elections.
We also call on the Parliament to urgently elect new members for the Committee on Comprehensive Electoral Reform and enable this important body to function smoothly and make decisions.
The Law on the Election of Councilors and Members of Parliament stipulates that the election commission is appointed after the newly elected Parliament is constituted. It has been almost nine months since the Parliament of Montenegro was constituted. Therefore, the SEC has been operating in a composition that does not comply with the law all this time. Currently, it includes a representative from a party that no longer has parliamentary status (PZP), while the movement that is now the strongest political entity in the new government (PES) lacks a representative.
The procedure for electing SEC members has been stalled for nine months due to party interests and calculations. The responsible parliamentary Committee has not taken a proactive approach to resolving any legal ambiguities and seeking legal interpretations to complete this process.
We remind you that the SEC is indispensable in protecting voters’ rights in local elections, as it handles complaints against municipal election commissions’ decisions, actions, or omissions.
A commission operating in a composition that is not in accordance with the law cannot make lawful decisions on complaints, nor does it have the necessary legitimacy essential for a lawful electoral process. This could have severe negative consequences for upcoming elections and open the door to significant abuse.
Besides SEC, the Committee on Comprehensive Electoral Reform is also not currently constituted according to the rules. The Decision establishing this Committee requires it to be formed on a parity basis, with seven members from the parliamentary majority and seven from the parliamentary opposition. The change in the political stance of the Bosniak Party has upset this balance, making the Committee’s composition non-compliant with said Decision, meaning that valid decisions cannot be made during its sessions.
We must also consider the fact that two members of this Committee are no longer MPs and have taken on ministerial roles, which is an additional reason for the Parliament of Montenegro to act urgently on this issue.
Therefore, it is crucial to resolve both issues urgently. Potential problems in the elections in Gusinje, Kotor and Podgorica must be avoided, and changes to the SEC composition should not occur in September, amid the elections, especially when the process might be “obstructed” by some political interest, term of office or determining the election winner.
Another potential blockade of the Committee on Comprehensive Electoral Reform would mean further loss of time, obstruction, and a clear sign of the lack of political will for one of the most important democratic reforms in this society.
Dragan Koprivica, Executive Director of CDT