The situation surrounding the local government in Kotor, Montenegro, has prompted the Ministry of Public Administration to clarify its legal stance. In response to recent developments in the Kotor Assembly, the ministry emphasized its responsibility to uphold local governance rather than individual mandates of mayors.
The Ministry provided a legally grounded opinion to guide the Kotor Assembly in navigating its current legal challenges. According to the ministry’s statement, this situation is not a new legal position but rather a consistent application of the Local Self-Government Law. This law mandates the election of a mayor within 30 days of the assembly’s constitution.
The ministry noted that similar legal circumstances arose in other municipalities, including Bar, Bijelo Polje, and Budva, throughout 2023. In each of these cases, the ministry maintained the same legal interpretation. The Kotor Assembly must adhere to the law consistently, the ministry stated, underlining that any insinuations of misinterpretation aimed at harming third parties are unfounded and detrimental.
The Ministry of Public Administration reiterated the critical nature of its legal stance. It emphasized, “The obligation of the Kotor Assembly to elect a mayor within 30 days of its constitution is imperative.” Failure to comply with this requirement could lead to severe consequences, including the shortening of the assembly’s mandate. The ministry aims to prevent legal uncertainty and maintain the stability of Montenegro’s democratic and local governance systems.
In its statement, the ministry elaborated on the fundamental roles defined in the Local Self-Government Law. The assembly is a representative body elected directly by citizens in free elections, while the mayor is an executive authority elected by the assembly and accountable for their performance.
In Kotor, the assembly’s mandate expired in March 2025, and a new assembly was subsequently constituted. Despite the clear legal obligation to elect a new mayor within the stipulated timeframe, the current mayor, elected by the previous assembly, has continued to perform their duties. This situation undermines both the constitutional and legal framework governing local autonomy and self-governance, according to the ministry.
A pressing question has emerged: to which assembly does the current mayor answer? The ministry pointed out that the mayor’s accountability to a non-existent assembly violates the principle of executive responsibility to the representative body. If this untenable situation persists, it could deprive the Kotor Assembly, elected by the citizens, of its constitutional rights and duties, thereby undermining the democratic will of the electorate.
The ministry stressed that no one has the right to support the stance from Kotor, as it could lead to a complete breakdown of the local self-government system, eroding the assembly’s role and disrupting the balance between the representative and executive branches. Accepting the notion that electing a mayor is unnecessary following the assembly’s constitution could have far-reaching and dangerous implications for governance in the region.
This would mean that the Kotor mayor could retain their mandate even after local elections, contradicting the framework established by the Montenegrin Assembly in July 2025, which limited mayoral terms to a maximum of 60 days following the confirmation of mandates from elected representatives.
The ministry also addressed recent public discussions regarding court rulings related to mayoral mandates, clarifying that these rulings do not pertain to the specific legal situation in Kotor and should not be mechanically applied to this case.
In summary, the Ministry of Public Administration remains committed to upholding the law, protecting constitutional order, and preserving the democratic legitimacy of local government authorities. Those who fail to comprehend or apply these legal principles may face legal consequences for their actions, the ministry concluded.
