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15-Dec-2022
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Think about what is gained by a Government elected under a law that can be annulled

The special envoy of the United States of America (USA) for the Western Balkans, Gabrijel Eskobar, said in an interview on TVCG that the most important thing for Montenegro is to avoid any kind of constitutional or institutional dangers. As he said, if there is reason to doubt the legitimacy of the next Government that would be elected using the amended Law on the President, and then you get the Constitutional Court saying that the Law on the President is unconstitutional, the question arises as to what happens to that Government.
He states that Montenegro, as a candidate country for the European Union, has certain obligations towards the EU, and that one of the obligations is to listen to the recommendations of the Venice Commission.
"The Venetian Commission gave a legal opinion, and I will give you a political opinion. What then happens to the Government that was formed in accordance with that law and with all the decisions it would make in accordance with that law? The most important thing is to avoid any kind of constitutional or institutional dangers," Eskobar said.
When asked what Washington's opinion will be about the possible 44th Government that would be elected thanks to the amended Law on the President, Eskobar says that the most important position on this issue is the opinion of the citizens of Montenegro.
"The question is whether the citizens of Montenegro will accept the formation of a new government without elections, after information from the Venice Commission. We are entering new territory and we have to be careful," says Eskobar, noting that the decisions of such a government could be overturned by the Constitutional Court.
He says that Washington needs to see what that government will be like, what that government will do and whether it plans to call new elections.
"Urgently elect judges of the Constitutional Court"
Eskobar notes that a year ago, when he started to perform his duties, Montenegro was the leader in the negotiations with the European Union.
"And now you have a situation where there is no Government, no Constitutional Court, and you have a president whose mandate will end soon. It is a deep institutional crisis, almost a collapse," Eskobar assessed.
Eskobar sees the solution to the political crisis in the election of Constitutional Court judges, followed by extraordinary parliamentary elections that would restore the trust of citizens.
"All political parties must put political differences aside for the benefit of the state. If you have a sufficient number of qualified lawyers as candidates for judges of the Constitutional Court, they should be elected urgently. Because this should increase trust in that institution," says Eskobar.
He said that he saw "a little optimism" at today's meeting with Prime Minister Dritan Abazović and President Milo Đukanović.
"Everyone agrees that the issue of the Constitutional Court needs to be resolved urgently. With additional pressure from the Venice Commission, I hope that things will start to work in the right direction," says Eskobar.
According to Eskobar, his visit, as well as the visits of the envoys of Germany, the United Kingdom and other representatives of the international community, are a clear signal that Montenegro has the support of the international community.
"It would be better if the actors in Montenegro would come to an agreement on their own. The US is not in a position to elect NATO member governments, but we have certain expectations and I think they heard us," Eskobar said.
He says that Montenegro needs a functional government.
"I expect verdicts in arrests, no one is above the law"
Answering the question about the arrests of high-ranking state officials in the previous period, Eskobar states that he expects verdicts in these cases.
"No one is above the law, and this should be an important signal. This indicates that Montenegro is ready to further integrate into the democratic and Euro-Atlantic world. This is a positive signal. We will help through support for investigations and political support for independent prosecutors who are doing their job. work," says Eskobar.
"Let the citizens decide on the Open Balkans"
Speaking about the Open Balkans, Eskobar believes that the decision on Montenegro's accession to this Initiative should be made by the citizens of Montenegro.
"That decision is up to the people of Montenegro. Montenegro needs to decide, whether through a referendum or through politicians to whom it gives a mandate," said Eskobar.
He says that this is just one of a series of economic initiatives that unite the region.
"The region needs integration. Fewer barriers to trade between countries in the region and between the region and the European Union. Regional integration with a focus on the European market is what I have in mind," says Eskobar.
"Serbia-Kosovo relations tense"
Commenting on the current crisis in the north of Kosovo, Eskobar assesses the situation as very tense.
"The relationship between Serbia and Kosovo is not well defined by either side. All countries should
recognize each other," said Eskobar, who states that there is now concern about the status of minorities in Kosovo.
Speaking about the potential solution to the crisis in Kosovo, Eskobar says that he believes that a community of Serbian municipalities should be formed, and that the countries of the region should be involved in solving the crisis between the two countries.
"I don't think Serbia will send its troops to Kosovo, militarization is not a solution," Eskobar said and said that Serbia and Kosovo have committed to finding a solution without violence.
M. J.

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