The Ministry of Public Administration in Montenegro has reiterated its commitment to safeguarding the local self-government system following recent developments in the Municipality of Kotor. The ministry emphasized that its legal opinion and directives provided during an administrative oversight process are well-founded and pertinent to the ongoing legal situation within the Kotor Assembly.
The ministry clarified that this situation is not unprecedented, nor does it reflect a new legal stance. In fact, similar cases have occurred in various municipalities, including Bar, Bijelo Polje, and Budva, where the ministry maintained consistent legal interpretations regarding the Local Self-Government Law. According to the law, the Assembly of the Municipality is mandated to elect a president within 30 days following its establishment. Failure to adhere to this requirement can lead to severe repercussions, including the shortening of the Assembly’s mandate.
The ministry’s statement highlights that Kotor is not an isolated case; it is one among several local governments requiring adherence to established legal standards. The ministry criticized any insinuations that laws are being interpreted in a manner that harms third parties, describing them as unfounded and detrimental. Such claims, they argue, distract from the legal arguments at hand and veer into political rhetoric.
The essence of the ministry’s position revolves around the imperative nature of the Assembly’s obligation to elect a president within the stipulated timeframe. The ministry pointed out that the current president of the Municipality of Kotor continues to act despite the Assembly’s term ending in March 2025. This situation raises serious concerns regarding the constitutional and legal framework of local autonomy and governance.
A crucial question emerges: to whom is the president accountable? The ministry asserts that the president cannot be answerable to an Assembly that no longer exists, thus violating the fundamental principle of executive accountability to a representative body. The continued operation of the president under these circumstances undermines the democratic will of Kotor’s citizens, who elected their Assembly through free elections.
The ministry warns that accepting the position that a president need not be elected after the Assembly’s formation would have dire consequences. This belief could permit the president of Kotor to retain their position indefinitely, even after the general local elections, contradicting legislative intentions established by the Montenegrin Assembly in July 2025. These limitations were put in place to ensure that the mandates of municipal presidents last no longer than 60 days from the confirmation of newly elected representatives.
To clarify any misunderstandings regarding oversight findings, the Ministry of Public Administration confirmed that its report was dispatched on February 5, 2026. The ministry emphasized that it will not engage in discussions about office administration amid these pressing legal issues.
In response to recent court rulings referenced in public discourse, the ministry stated that these judgments regarding the duration of a municipality president’s mandate do not apply to the specific legal context of Kotor. They asserted that such rulings cannot be mechanically applied to the current situation.
The Ministry of Public Administration remains steadfast in upholding the rule of law, protecting the constitutional order, and maintaining the democratic legitimacy of local government bodies. Any failure to understand or apply these principles may result in legal consequences for those involved, the ministry concluded.
