Đukanović on local declarations to „withdraw recognition“ of Kosovo: The state is indifferent to constitutional violations

The greatest harm caused by initiatives to annul the decision recognizing Kosovo is not that they could change Montenegro’s foreign policy, because they cannot, but that they demonstrate how weak our institutions still are and how respect for jurisdiction, laws and the Constitution is often subordinated to daily political interests, political scientist and assistant professor at the University of Donja Gorica Nikoleta Đukanović told Pobjeda, stressing that state institutions are not responding decisively enough when the boundaries of constitutional powers are crossed.

The municipalities of Zeta and Pljevlja have adopted declarations calling for the annulment of the decision recognizing Kosovo, while the initiatives were submitted by the Democratic People’s Party. The party led by Milan Knežević did not stop there, but announced similar initiatives in other municipalities. Its latest response came from Nikšić, where the local authorities refused to adopt such a declaration, saying: „Nikšić never recognized Kosovo, so it has nothing to withdraw recognition of“. The initiative was also raised in the Herceg Novi municipal assembly at the end of July, where the Movement for People’s Trust called on the President of the Municipal Assembly and all councilor groups to put the issue on the agenda. The declarations have no legal force, but politically they are aimed at winning the votes of the Serbian community.

Nikoleta Đukanović says these decisions have no legal effect because local governments have neither constitutional nor statutory authority to decide on matters of foreign policy.

- Recognition or non-recognition of states is the exclusive jurisdiction of state authorities, and there can be no ambiguity about that. However, although they have no legal force, these declarations do carry political weight. Their purpose is not to change Kosovo’s status under international law, but to send a political message and mobilize a particular segment of the electorate through identity-based issues. This is yet another example of how foreign-policy issues are used for domestic political confrontations - Đukanović said.

She said what is concerning is the fact that such initiatives show that some public officials either do not understand the limits of their powers or deliberately disregard them.

- This further undermines the institutional order and sends the message that powers can be interpreted in accordance with political interests - Đukanović stressed.

Asked whether the relevant minister should respond and why such „behaviour“ by municipalities is being tolerated, she said the competent ministry should certainly react, primarily in order to protect the constitutional and legal order.

- Not because these decisions can produce legal consequences, but because the state must clearly demonstrate that there is a hierarchy of powers and that it must be respected. Unfortunately, in Montenegro we have been witnessing the weakening of institutional responsibility for some time. It often happens that even laws, and sometimes even the Constitution, are not respected without serious political or legal consequences. When there is no accountability, the impression is created that anyone can act beyond their authority if there is a political interest in doing so. That is a much more serious problem than the declaration itself. The problem is not merely that an individual municipality adopts such a declaration, but the fact that state institutions do not respond decisively enough when the boundaries of constitutional powers are crossed - Đukanović said.

She stressed that the declarations cannot produce legal consequences, but they can certainly have political and reputational consequences.

- When different levels of government send mutually conflicting messages on foreign-policy issues, the state creates an impression of institutional disunity and a lack of internal cohesion. This weakens Montenegro’s credibility as an international partner and creates the impression that the state itself does not have a unified position on matters that fall within its exclusive jurisdiction. It is particularly concerning that such situations are repeated with virtually no consequences. This gradually relativizes the importance of the legal order, and even of the Constitution, which in the long term represents a much greater problem than individual political declarations - Đukanović said.

Asked how all this affects Montenegro’s European path, she said that within the European Union, the existence of different political views is not a problem, but it becomes one when institutions act beyond their jurisdiction.

- Democracy presupposes pluralism of opinion. The problem arises when institutions act outside their jurisdiction and when different levels of government send mutually conflicting messages on issues that fall exclusively within the competence of the state. This shows that Montenegro has not yet built sufficiently strong institutions or a culture of respect for the legal order. The European Union can point to these problems and insist on reforms, but it cannot establish the rule of law in place of domestic institutions or ensure compliance with the Constitution - Đukanović said.

According to her, an additional problem is the fact that different messages on foreign-policy issues can often be heard at the state level as well, depending on which political party the officials belong to.

 - When we add to this local declarations that go beyond the scope of their powers, we get serious institutional dissonance that undermines the credibility of the state and its ability to act towards international partners in a unified and consistent manner. Ultimately, the greatest harm caused by these initiatives is not that they can change Montenegro’s foreign policy, because they cannot. Their greatest harm is that they demonstrate how weak our institutions still are and how respect for jurisdiction, laws and the Constitution is often subordinated to short-term political interests - Đukanović stressed.

Blažić: Fundamental ignorance and bad intentions

The Dean of the Faculty of State and European Studies, Professor Dr Đorđije Blažić, told Pobjeda that the local declarations demonstrate „fundamental ignorance and bad intentions“ on the part of those advocating the idea of „withdrawing recognition“ of Kosovo.

- Indeed, this does not deserve comment, especially given that this „issue“ clearly demonstrates the fundamental ignorance, but also the bad intentions, of those advocating this thesis. The reason is that local self-government units have neither constitutional nor statutory substantive powers to deal with such matters, which are quintessentially state matters falling under the jurisdiction of the state of Montenegro, not local communities. Put simply, it would be laughable if it were not so sad - Blažić said.

A tweet is enough for the Minister

Minister of Public Administration Marash Dukaj remained unavailable for an interview on the subject, while Pobjeda reports that it also repeatedly tried, unsuccessfully, to reach PR chief Milica Pejović.

She referred the newspaper to a previous tweet by the minister, but Pobjeda considered the issue too serious to be addressed with a single tweet and insisted on speaking with Dukaj. Pejović did not even respond to the newspaper’s request for an interview.

- This is not merely about the relationship with the media, but also about the relationship with the public, which has the right to know why the state does not respond when municipalities step outside the scope of their constitutional powers - Pobjeda concluded.