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16-Mar-2023
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Lekić: Đukanović could not dissolve the Assembly on the basis of the Constitution, Adžić: The decree should not be published in the Official Gazette pending the opinion of the Constitutional Court

The leader of Demos, Miodrag Lekić, said that the early elections are a top priority issue, but assessed that the President of Montenegro, Milo Đukanović, could not dissolve the Parliament of Montenegro based on the Constitution and Article 92 today.
Lekić said that we are ripe for elections, especially after the failed formation of the 44th Government, but that another question is whether the president was able to carry it out.
In the powers of the president, it is not written anywhere that he dissolves the parliament. Article 92 states that the Assembly is dissolved if it does not elect a government within 90 days from when the president nominates a mandate holder, but he did not propose a mandate holder - said Lekić.
He believes that there will be various legal controversies and discussions on this occasion.
This is a decision of an electoral nature, I think he is doing it in desperation and in an effort to ensure immunity and puts everything into motion. Based on the Constitution and Article 92, he could not do that. On the basis of the Law on the President, which he denied and which we adopted, he was able to do it - said Lekić.
If there had been basic coordination, Lekić believes that the chaotic situation would have been avoided.
Coordination in the cohabitation system. Đukanović takes the lead in seeing who he wants to prank. I think this law was a defense of the Constitution. What is important and what would direct this situation towards a solution is the activity of the Constitutional Court. The Constitutional Court, as the supreme court, does not only interpret the norm. I can't understand that at this moment, that issue should not be brought up to date urgently. When we made changes to the Law on the President, we said let's elect judges and we will postpone the application of the law so that they have complete legitimacy - said Lekić.
He said that the winners from August 30, 2020 also bear responsibility for today's situation.
Đukanović is guided by the slogan "the worse the better". He is not a president who has a general interest. It also turned out that the Constitution has many gaps, but also that the entire institutional facade of the state is false. We know that the judiciary is also controlled - said Lekić.
In response to a journalist's question, he confirmed that there were times when the parliamentary majority behaved in a fair manner.
He pointed out that this parliamentary majority did not have its own government.
Her government was neither the 42nd nor the 43rd government. It is not a government of the parliamentary majority, but more of DPS and SDP. One pâté that has expired quickly and emits an unpleasant smell - said Lekić.
"Desperate Move"
Responding to the question of whether the constitutional and legal conditions have been met for the President of Montenegro to dissolve the parliament by decree, the Minister of Internal Affairs in the technical mandate, Filip Adžić, said that the conditions have not been met.
This is a desperate attempt by a loser who is aware that he does not have even a glimmer of hope that he can win the upcoming presidential elections - said Adžić in a guest appearance on the TV show "Načisto" on Vijesti Television.
Adžić said that they cannot influence the speed of action of the Constitutional Court.
If it turns out that Đukanović violated the Constitution, the conditions are met for him to be dismissed from office. I believe that he will be removed from office much sooner by the will of the citizens than by the decision of the Constitutional Court - said Adžić.
He assessed that today's decree by Đukanović should not be published in the Official Gazette pending the opinion of the Constitutional Court.
I would not like to prejudge the next steps - added Adžić.
He said that "we all know that Đukanović did not propose a representative".
For the president to dissolve the Assembly by decree is a legal maneuver that any serious lawyer will dispute - said Adžić.
He said that he refers to the statement of the former president of the Constitutional Court, Dragoljub Drašković, who believes that the constitutional powers of the president cannot be applied to the current legal and political situation.
I said earlier that the amendments to the Law on the President are not the happiest solution. Those changes were then made because of Đukanović, who is obstructing the processes in Montenegro, and at that time we largely agreed that this legal act should be checked by the Constitutional Court - said Adžić.
Answering the question whether he feels responsible because Đukanović is "playing this card" today, Democrat MP Dragan Krapović said that he does not feel responsible.
The term begins to run from the moment the mandate is granted. Neither the law nor the Constitution gives Đukanović the right to mislead the public - said Krapović.
He said that in this country everything was according to one party.
Of course, Đukanović used it abundantly - said Krapović.
The lawyer of the "Europe Now" Movement, Filip Ivanović, said that in that movement they advocated that the majority shorten the mandate of the assembly, but that this did not happen.
We will see the legal explanation for this, but we are ready for the elections - he said.
Democrat MP Dragan Krapović assessed that Đukanović does not currently have the legitimacy to dissolve the Assembly.
With the fierce elections that will be held in a few days, the question of legitimacy arises. From a constitutional and legal point of view, there is no doubt that Đukanović had no right to this move because in the article no which he refers to says that only the president dissolves the Assembly - said Krapović.
He said that if it is an individual act, it cannot be challenged in court.
The president resorted to what he does all the time - sowing fog and violating the Constitution. This is how he behaved in his first term and when he was prime minister. We will see what will be the fate of this act and what all the consequences will produce - said Krapović.
M. J.

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