December 31, 2012


President of Montenegro to President of SNP
Answer of the President of Montenegro, Filip Vujanović to an open letter of the President of the SNP, Srdjan Milić on the occasion of scheduling the elections in Andrijevica

Dear President,

I have carefully considered your letter No 03-649 of 31st December, 2012, you sent me as an open letter, and concerning which I think it is necessary to refer to the following:

The President of Montenegro calls the elections for councilors and members of the Parliament pursuant to Article 13, 14, 15 and 105 of the Law on Election of Councilors and Members of Parliament as well as pursuant to Article 42, paragraph 1 of the Law on Local Self-government, which define explicit legal obligation for the President of Montenegro to call the elections, that he, under Article 95 Paragraph 1 item 10 of the Constitution of Montenegro must respect.

Out of these legal provisions, in this specific case, the obligation of the President of the state is explicitly provided by Article 42, paragraph 1 of the Law on Local Self-government where the obligatory norm is given to the President of Montenegro to call the elections for Municipal Assembly and Article 15 of the Law on Election of Councilors and Members of Parliament that regulates the termination of the mandate of the Parliament through the possibility of shortening the mandate.

Municipal Assembly of Andrijevica, as you have indicated in your open letter, passed the decision on shortening the mandate on 29th December, 2012, and the President of Montenegro, pursuant to Article 15, paragraph 1 of the Law on Election of Councilors and Members of Parliament, is obliged to call the elections the following day of entry into force of this decision. Since this decision has been published today in the Official Gazette of Montenegro and it entered into force, so it is my explicit obligation to call the elections tomorrow.

I believe that you will agree with me that the President of Montenegro has no authority to assess the legality of the decision of the Municipal Assembly, or any other body of the local self-government, because it would mean assuming responsibilities not pertaining to him. Therefore, I am convinced that passing of the decision on shortening the mandate obligates the President of Montenegro to call the elections, and that he does not have any possibility to enter into assessment of its legality.


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