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Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
b . No, existing regional/provincial/other boundaries are used
Comments: Article 12: The election of councillors shall be conducted in a municipality as a single electoral district. The election of members of parliament shall be conducted in Montenegro as a single electoral district.
Source: Electoral Law: LAW ON ELECTION OF COUNCILLORS AND MEMBERS OF PARLIAMENT as amended in 2020, article. 12: https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2020)031-e
Verified: 2023/09/21
BD002
Question: The authority responsible for final approval of the constituency boundaries is:
Answer(s):
e . Not applicable
Comments: See above
Source:
Verified: 2023/09/21
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2023/09/21
BD004
Question: If population is a criterion, which population figure is used?
Answer:
g . Not applicable
Comments:
Source:
Verified: 2023/09/21
BD006
Question: What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
Answer(s):
m . Not applicable
Comments:
Source:
Verified: 2023/09/21
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
c . Directly elected in general elections (absolute majority with 2nd round if necessary)
Comments: Article 1: The President of Montenegro shall be elected through general elections, directly and through secret voting, for the period of five years.
Article 16: The candidate who obtains more than a half of the valid votes of voters who have voted shall be elected President.
Article 17: In case none of the candidates obtain the number of votes predicted by the Article 16 of this Law, the second round shall be organised in 14 days.
Two candidates who received the highest number of votes shall participate in the second round.
In the second round, the winner shall be the candidate who wins the majority of votes.
Should both candidates win an equal number of votes in the second round, the voting shall be repeated between these two candidates within the term of 7 days.
Source: Electoral Law: Law on Election of President of Montenegro adopted on 27 December 2007, art. 1(1), 16-17.
https://legislationline.org/taxonomy/term/12409
Verified: 2023/09/25
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
c . Indirectly elected by legislature/chosen by parliament
Comments: Article 82: The Parliament shall: 12) Elect and dismiss from duty: the Prime Minister and members of the Government.
Source: Constitution: The Constitution of the Republic of Montenegro, SU-SK Ref. no. 01-514/12, 19 October 2007, art. 82(12).
https://www.constituteproject.org/constitution/Montenegro_2013?lang=en
Verified: 2023/09/25
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments: Constitution, art. 11: Montenegro shall be represented by the President of Montenegro.
Source: Constitution: The Constitution of the Republic of Montenegro, SU-SK Ref. no. 01-514/12, 19 October 2007.
https://www.constituteproject.org/constitution/Montenegro_2013?lang=en
Verified: 2023/09/25
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments: Constitution, Part 3 (Organization of Powers), Article 83 (Composition of the Parliament): The Parliament shall consist of the Members of the Parliament elected directly on the basis of the general and equal electoral right and by secret ballot.
The Parliament shall have 81 Members.
Source: Constitution: The Constitution of the Republic of Montenegro, SU-SK Ref. no. 01-514/12, 19 October 2007, art. 82-94.
https://www.constituteproject.org/constitution/Montenegro_2013?lang=en
Verified: 2023/09/25
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
g . List Proportional Representation
Comments: Article 4: Councillors and members of parliament shall be elected in an electoral district based on a list submitted by a political party (party candidate list), coalition of political parties (coalition candidate list) or group of citizens (citizen group candidate list) (hereinafter referred to as the candidate list).
Councillor and member of parliament seats shall be allocated in proportion to the number of votes received.
Source: Law on the Election of Councillors and Representatives as amended in 2016, art. 4.
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2020)031-e
Verified: 2023/09/25
ES006
Question: What is the electoral system for Chamber 2 of the national legislature?
Answer(s):
k . The national legislature consists of one chamber only
Comments:
Source: Constitution: The Constitution of the Republic of Montenegro, SU-SK Ref. no. 01-514/12, 19 October 2007, art. 82-94.
https://www.constituteproject.org/constitution/Montenegro_2013?lang=en
Verified: 2023/09/25
ES007
Question: If List PR is used, is a highest average formula used?
Answer:
a . d'Hondt Formula
Comments:
Source:
Verified: 2023/09/25
ES008
Question: What is the level at which seats are distributed in Chamber 1?
Answer(s):
b . Specially delimited constituencies
Comments: Article 4: Councillors and members of parliament shall be elected in an electoral district based on a list submitted by a political party (party candidate list), coalition of political parties (coalition candidate list) or group of citizens (citizen group candidate list) (hereinafter referred to as the candidate list).
Councillor and member of parliament seats shall be allocated in proportion to the number of votes received.
Source: Law on the Election of Councillors and Representatives as amended in 2016, art. 4.
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2020)031-e
Verified: 2023/09/25
ES009
Question: What is the level at which seats are distributed in Chamber 2?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2023/09/25
ES010
Question: Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?
Answer:
a . Yes
Comments: Article 39: There may be at least 1/3 and at the most as many candidates as are being elected on the candidate list for election of members of parliament submitted by groups of voters or political parties which represent a minority nation or a
minority ethnic community (as opposed to 2/3 usually).
Article 43: A candidate list for election of councillors or MPs may be accepted if it has been supported by signatures of at least 0.8% of voters out of the number of voters in the electoral district, counting according to the data on the number of voters in the elections which preceded the decision to call for elections, regardless of whether those were elections for the president of Montenegro or parliamentary elections. As an exception to para. 1 of this Article, candidate lists for election of councillors of political parties or groups of voters which represent a minority nation or a minority ethnic community may be accepted if supported by the signatures of at least 150 voters, that is, for election of members of parliament it may be accepted if supported by the signatures of at least 1,000 voters who are exercising the right referred to in Article 94 para. 2 of this Law. In municipalities in which the seat of a councillor in previous elections was equal or less than 150 votes, candidate lists for election of councillors may be accepted if supported by the number of signatures of voters which is less by one compared to the number of votes equal to one councillor seat in the previous elections for the relevant municipal assembly.
A candidate list for election of members of parliament which represents a minority nation or a minority ethnic community which constitutes up to 2% of the Montenegrin population according to the last census results may be accepted if supported by the signatures of at least 300 voters.
Article 94: 1) candidate lists for election of MPs members of a certain national minority or minority ethnic community indicated in the application to contest elections or in the title of the candidate list, if none of them meet the requirement referred to in para.1 of this Article, or if they individually receive at least 0.7% of valid votes, shall acquire the right to participate in the allocation of seats as a single - general candidate list with the total number of valid votes received, provided that aggregation that ensures the winning of up to three seats shall be allowed for the purposes of computating the number of seats;
2) where none of the candidate lists for election of MPs members of the Croatian people in Montenegro meets the requirements referred to in para.1 of this Article and item 1 of this paragraph, the most successful of them, with at least 0.35% valid ballots, shall acquire the right to one MP seat;
3) candidate lists for election of MPs members of a certain minority nation or minority ethnic community indicated in the application to contest elections or title of the candidate list, where none of them meets the requirement referred to in para.1 of this Article, shall acquire the right to participate in the allocation of seats individually, with the number of valid votes they have received.
The right referred to in para.2 item 1 of this Article shall be used by candidate lists of members of a certain (of the same) minority nation or of a certain (of the same) minority ethnic community, whose share is up to 15% in the total population of the electoral district, according to the last population census data. The right referred to in para.2 item 3 of this Article shall be used by candidate lists of members of a certain (of the same) minority nation or of a certain (of the same) minority ethnic community, whose share is up to 15% in the total population at state level and from 1.5% to 15% in the total population in the territory of a municipality, Administrative Capital or Historic Royal Capital, according to the last population census data.
Source: Law on the Election of Councillors and Representatives as amended in 2016, art. 39, 43, 94.
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2020)031-e
Verified: 2023/09/25
ES011
If special constituencies or seats are reserved in Chamber 1, specify which interest groups, and the proportion of total seats reserved for:
Article 43: A candidate list for election of members of parliament which represents a minority nation or a minority ethnic community which constitutes up to 2% of the Montenegrin population according to the last census results may be accepted if supported by the signatures of at least 300 voters.
Article 94: The right referred to in para.2 item 1 of this Article shall be used by candidate lists of members
of a certain (of the same) minority nation or of a certain (of the same) minority ethnic
community, whose share is up to 15% in the total population of the electoral district, according
to the last population census data.
The right referred to in para.2 item 3 of this Article shall be used by candidate lists of members
of a certain (of the same) minority nation or of a certain (of the same) minority ethnic
community, whose share is up to 15% in the total population at state level and from 1.5% to
15% in the total population in the territory of a municipality, Administrative Capital or Historic
Royal Capital, according to the last population census data.
Participation of a candidate list of members of a certain mi
Source
Law on the Election of Councillors and Representatives as amended in 2016, Art. 43, 94.
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2020)031-e
Verified
2021/12/21
ES012
Question: Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?
Answer:
c . The national legislature consists of one chamber only
Comments:
Source:
Verified: 2023/09/25
ES014
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 1?
Answer:
b . Specify the percentage:
Comments: Article 94: Candidate lists which received at least 3% of the total number of valid votes in the electoral district shall take part in the allocation of seats.
Source: Law on the Election of Councillors and Representatives as amended in 2016, Art. 94.
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2020)031-e
Verified: 2023/09/25
ES015
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 2?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2023/09/25
ES016
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 1?
Answer:
b . Specify the percentage:
Comments: Article 94: Candidate lists which received at least 3% of the total number of valid votes in the electoral district shall take part in the allocation of seats.
Source: Law on the Election of Councillors and Representatives as amended in 2016, Art. 94.
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2020)031-e
Verified: 2023/09/25
ES017
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 2?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2023/09/25
ES018
Question: Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:
Answer(s):
a . At fixed intervals (specify length) b . Elections can be called at any time (specify by whom) c . On a fixed day of the week (specify day, specify if holiday)
Comments: Article 13: The election of councillors and MPs shall be called by a decision of the body in charge of calling the election. The State Election Commission and municipal election commissions shall adopt and make public, within 72 hours of the date the decision to call for elections has been issued, the electoral calendar including all time-limits for performing electoral actions provided in electoral legislation.
Election day shall be a non-working day (Sunday).
Article 14: Election of councillors and members of parliament shall be held no less than 15 days prior to the expiry of the election period of councillors and members of parliament whose term of office is running.
Article 5: The term of office of councillors and members of parliament shall last for four years.
Source: Law on the Election of Councillors and Representatives as amended in 2016, Art. 13, 14, 5.
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2020)031-e
Verified: 2023/09/25
ES019
Question: Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2023/09/25
ES020
Question: Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments: Election day shall be a non-working day (Sunday).
Source: Law on the Election of Councillors and Representatives as amended in 2016, Art. 13.
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2020)031-e
Verified: 2023/09/25
ES021
Question: Regarding Chamber 2 elections (excluding advance voting, postal voting, etc):
Answer:
c . Not applicable
Comments:
Source:
Verified: 2023/09/25
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation c . Decree d . Regulations or administrative rules
Comments: Provisions in regard to elections could be found in the Constitution, separate laws, resolutions, decisions of Parliament, instructions of the State Election Commission.
Source: Constitution: The Constitution of the Republic of Montenegro, SU-SK Ref. no. 01-514/12, 19 October 2007 (rev. 2013;
https://www.constituteproject.org/constitution/Montenegro_2013?lang=en
Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016;
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2020)031-e
Electoral Law: Law on Election of President of Montenegro, adopted on 27 December 2007, amended 2016;
https://www.te.gob.mx/vota_elections/page/download/16621
Decision: ODLUKA O IMENOVANJU PREDSEDNIKA, SEKRETARA I DEVET ČLANOVA DRŽAVNE IZBORNE KOMISIJE,"Sl. list Crne Gore", br. 87/09 od 30.12.2009;
Decision: ODLUKA o broju glasačkih listića i broju rezervnih listića za sprovođenje izbora za poslanike u Skupštinu Crne Gore, koji će se održati 29. marta 2009. godine.
Montenegro Parliamentary Elections 30 August 2020, ODIHR Needs Assessment Mission Report 6-10 July 2020: https://www.osce.org/files/f/documents/4/5/457738_0.pdf
"The legal framework regulating elections remains uncodified and essentially unmodified since the
last parliamentary elections. Primary legal acts include the 1992 Constitution, the 1998 Law on
Elections of Councillors and Members of Parliament (hereinafter – election law), the 2014 Law on
Voter Register and the 2008 Law on Financing of Political Entities and Election Campaigns
(LFPPEC). These acts are complemented by other relevant legislation and State Election Commission
(SEC) instructions and regulations.9 Montenegro is party to the major international and regional
instruments on democratic elections, and is a member of the Council of Europe’s European
Commission for Democracy through Law (Venice Commission) and Group of States against
Corruption (GRECO)."
Verified: 2023/09/27
LF002
Question: What is the date of the latest version of the national electoral law (including latest amendments)?
Answer:
a . January 2000 or later
Comments: Updated 2020
Source: MONTENEGRO LAW ON ELECTION OF COUNCILLORS AND MEMBERS OF PARLIAMENT
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2020)031-e
Verified: 2023/09/27
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections c . Local elections d . Referendums
Comments: The Law on the Election of Councillors and Representatives covers national and local elections. The Law on Referendum covers referendums.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016;
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2020)031-e
Electoral Law: Law on Election of President of Montenegro as amended in 2016;
https://www.te.gob.mx/vota_elections/page/download/16621
Law: Law on Referendum as of 19 February 2001.
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2005)076-e
Law: Law on the Referendum on State-Legal Status 7 November 2006
https://www.parlament.cat/document/intrade/13990
Verified: 2023/09/27
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: Article 2: 2. No one may, on whatever grounds, take voters to account for voting, or ask them to say who they have voted for or why they have not voted.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 2(2).
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2020)031-e
Verified: 2023/09/27
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
b . EMB
Comments: Article 107: 1. Every elector, candidate and submitter of the electoral list have the right to lodge a complaint to the competent election commission for reasons of the infringement of the electoral rights during the election.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2011, art. 107-110.
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2020)031-e
Verified: 2023/09/27
LF008
Question: If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2023/09/27
LF009
Question: Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
Answer(s):
a . Candidates b . Parties c . Voters
Comments: Article 107: 1. Each voter, candidate and candidate list submitting entity shall be entitled to lodge an objection
to the competent election commission due to a voting right breach during the election process.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2011, art. 107-110.
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2020)031-e
Verified: 2023/09/27
LF010
Question: What body(ies) is the final appellate authority for formal electoral disputes?
Answer(s):
b . Constitutional (or similar) Court
Comments: Article 110: An objection may be lodged to the State Election Commission against the decision of the
municipal election commission rejecting or refusing the objection.
An appeal may be brought to the Constitutional Court of Montenegro against the decision of the
State Election Commission rejecting or refusing the objection.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2011, art. 107-110.
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2020)031-e
Verified: 2023/09/27
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level
Comments: Article 23: Election commissions shall be: municipal commissions, Administrative Capital's election commission, Historic Royal Capital's election commission (hereinafter referred to as the municipal election commission) and the State Election Commission.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 23, 32
Electoral Law: Law on Election of President of Montenegro, adopted on 27 December 2007, art. 3.
Verified: 2021/12/21
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
d . A national government department g . Other
Comments: Article 9: The funds for administering elections of councillors shall be provided in the municipal budget
and funds for the election of members of parliament shall be provided in the budget of Montenegro.
Article 112: Funds for the work of election management body, election materials and other election administration costs shall be provided by the municipal assembly for election of councillors and by the Parliament for the election of members of parliament respectively. The request to receive funds including a specification of total costs shall be submitted by the competent election commission.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 9 & 112.
https://www.legislationline.org/download/id/7743/file/Montenegro_Law_elections_councillors_members_of_parliament_1998_am2016_en.pdf
Verified: 2021/12/21
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
g . Other
Comments: The National Audit Institution (independent and supreme authority of the national audit) audits the management of state assets and liabilities, budgets and all the financial affairs of the entities whose sources of finance are public or created through the use of state property including the expenditures of the national EMB which are funded from the state budget.
Source: Constitution: The Constitution of the Republic of Montenegro, SU-SK Ref. no. 01-514/12, 19 October 2007, art. 144.
https://www.constituteproject.org/constitution/Montenegro_2013.pdf?lang=en
Verified: 2021/12/21
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: Article 19: Election commissions shall be appointed after the constitution of a newly elected parliament for the term of office of four years.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 19.
https://www.legislationline.org/download/id/7743/file/Montenegro_Law_elections_councillors_members_of_parliament_1998_am2016_en.pdf
Verified: 2021/12/21
EM007
Question: The national electoral management body chairperson, or equivalent, is chosen in the following way:
Answer(s):
e . Governmental appointment g . Other
Comments: Art. 30: The State Election Commission chairperson shall be appointed by the Parliament, at the proposal of Parliamentary working body in charge of elections and appointments, after a previously conducted open competition.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 30.
https://www.legislationline.org/download/id/7743/file/Montenegro_Law_elections_councillors_members_of_parliament_1998_am2016_en.pdf
Verified: 2021/12/21
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: The SEC is accountable to and appointed by the legislature, therefore falls under the definition of an Independent EMB, however many commissioners are selected by partisanship.
Source: Electoral Management Design: The International IDEA Handbook (2006):(http://www.idea.int/publications/emd/)
The Independent Model of Electoral Management http://aceproject.org/ace-en/topics/em/ema/ema02/default
Verified: 2018/03/09
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
b . 11 - 20 members (specify)
Comments: Article 30: 1. State Election Commission shall be composed of: chairperson, secretary and nine members in the standing composition and one authorised representative of each submitter of candidate lists.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 30.
http://www.legislationline.org/search/runSearch/1/key/electoral+law/country/57/rows/10/type/1
Verified: 2021/12/21
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
c . Combination of partisanship and expertise
Comments: Art. 30. The State Election Commission shall be composed of: the chairperson and ten permanent members and one empowered representative of each candidate list submitting entity.
The State Election Commission chairperson shall be appointed by the Parliament, at the proposal of Parliamentary working body in charge of elections and appointments, after a previously conducted open competition. Four members of the permanent State Election Commission composition shall be appointed at the proposal of the parliamentary majority. Four members of the permanent State Election Commission composition, one of whom shall perform the office of a secretary, shall be appointed at the proposal of parliamentary opposition. One representative of a political party or candidate list submitting entity for authentic representation of members of national minorities or minority ethnic communities which received the highest number of votes in previous elections shall also be appointed member of the permanent State Election Commission, while his deputy should be a member of another national minority or minority ethnic community. One member of the permanent State Election Commission composition who is familiar with electoral legislation shall be appointed by the Parliament from among the representatives of civil society, non-governmental sector and university, at the proposal of the Parliamentary working body competent for appointments and elections, after a previously conducted open competition.
Please refer to the rest of Article 30 for more details.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 30.
http://www.legislationline.org/search/runSearch/1/key/electoral+law/country/57/rows/10/type/1
Verified: 2021/12/21
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
e . Legislature g . Political parties
Comments: Article 29: The permanent composition of the State Election Commission shall be appointed by the Parliament, at the proposal of the Parliament working body responsible for elections and appointments, in conformity with this Law.
Article 30: The State Election Commission shall be composed of: the chairperson and ten permanent members and one empowered representative of each candidate list submitting entity.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 29, 30
https://www.legislationline.org/download/id/7743/file/Montenegro_Law_elections_councillors_members_of_parliament_1998_am2016_en.pdf
Verified: 2021/12/21
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body c . Local/County Electoral Management Bodies h . Political parties/ candidates i . Media
Comments: There was no organized public information programme in the last elections. However,
Art. 6: Voters shall have the right to be informed via the media on the electoral programmes and activities of candidate list submitting entities, as well as about candidates from candidate lists. In order to enable voters to exercise their right referred to in paragraph 1 of this Article, the media shall consistently implement the principles of equality of all candidate list submitting entities and candidates from those lists. Election campaign via the media and public gatherings shall cease 24 hours prior to the election day.
Art. 32: The State Election Commission shall have its website to immediately publish all acts and information of election administration significance, as well as interim and final voting results at every polling station.
Art. 50: As of the date of candidate list validation, until completion of the election campaign (hereinafter referred to as the election campaign), candidate list submitting entities shall be entitled to inform citizens of their candidates, programmes and activities on a daily basis, in equal duration and free of charge, through the national public broadcaster Radio and Television of Montenegro, as well as through regional and local public broadcasters, within the same daily timeslots and topical coverage of news-stories.
Art. 56: During election campaigns, Television of Montenegro and Radio of Montenegro shall organise and broadcast at least two 90 minutes shows per week within the political information programme, in which the validated candidate list submitting entities and candidates from those lists will have a head-to-head debate, in the timeslot from 20 to 23 hours, as agreed by the editorial board and candidate list submitting entities.
106: During the election process, election management bodies shall inform voters of their voting
rights and of the manner to protect those rights.
Source: Law on the election of councillors and members of parliament as amended in 2016, art. 6, 32, 50, 56. https://www.legislationline.org/download/id/7743/file/Montenegro_Law_elections_councillors_members_of_parliament_1998_am2016_en.pdf
Verified: 2021/12/22
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
b . Election time only
Comments:
Source:
Verified: 2021/12/22
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body d . Yes, conducted by the Local/County Electoral Management Bodies j . Yes, conducted by the Media
Comments: Art. 56: During election campaigns, Television of Montenegro and Radio of Montenegro shall organise and broadcast at least two 90 minutes shows per week within the political information programme, in which the validated candidate list submitting entities and candidates from those lists will have a head-to-head debate, in the timeslot from 20 to 23 hours, as agreed by the editorial board and candidate list submitting entities.
Article 106: During the election process, election management bodies shall inform voters of their voting rights and of the manner to protect those rights.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 56, 106.
https://www.legislationline.org/download/id/7743/file/Montenegro_Law_elections_councillors_members_of_parliament_1998_am2016_en.pdf
Verified: 2021/12/22
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: Article 45: (1) The right to elect and stand for elections shall be granted to the citizen of Montenegro who is 18 years of age or above and who has minimum two years of residence in Montenegro.
Source: Constitution: The Constitution of the Republic of Montenegro, SU-SK Ref. no. 01-514/12, 19 October 2007, art. 45(1).
https://www.constituteproject.org/constitution/Montenegro_2013?lang=en
Verified: 2021/12/22
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship b . Period of Residence
Comments: Article 45: The right to elect and stand for elections shall be granted to the citizen of Montenegro who is 18 years of age or above and who has minimum two years of residence in Montenegro.
Source: Constitution: The Constitution of the Republic of Montenegro, SU-SK Ref. no. 01-514/12, 19 October 2007, art. 45(1).
https://www.constituteproject.org/constitution/Montenegro_2013?lang=en
Verified: 2021/12/22
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
c . Local Government Authority
Comments: Article 3: The Register of Electors shall be maintained for a territory of the local selfgovernment unit. The elector may be registered into the Register of Electors only once, in one local self-government unit and at a single polling station.
The Register of Electors shall be maintained by the local administration authority and an executive authority of a local self-government unit shall be in charge of its accuracy and up-datedness.
Source: Law: Law on Registers of Electors (2008) art. 3
http://www.legislationline.org/search/runSearch/1/key/electoral+law/country/57/rows/10/type/1
Verified: 2021/12/22
VR005
Question: What is the registration method for national elections?
Answer:
b . Voters register
Comments: Art. 2: Montenegrin nationals who are included on the electoral register in accordance with the law governing the electoral register (hereinafter referred to as the voter) shall vote for councillors and members of parliament and stand as candidates in elections of councillors and MPs, on the basis of universal and equal voting right, at free and direct elections, by secret ballot, in accordance with this Law.
Source: Law on elections of councillors and members of parliament as amended in 2016, Art. 2.
https://www.legislationline.org/download/id/7743/file/Montenegro_Law_elections_councillors_members_of_parliament_1998_am2016_en.pdf
Verified: 2021/12/22
VR006
Question: How frequently is the voters register updated?
Answer:
a . Continuously
Comments: Art. 2: The Register of Electors is unique, consistent and is regularly updated, particularly after calling for the elections.
Source: Law on Register of Electors, Art. 2.
https://www.legislationline.org/download/id/4189/file/Montenegro_Law%20on%20Register%20of%20Electors%202008.pdf
Verified: 2021/12/22
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments: Registration is done ex officio.
Source: Law: Law on Registers of Electors (2006) art. 2.
https://www.legislationline.org/download/id/4189/file/Montenegro_Law%20on%20Register%20of%20Electors%202008.pdf
Verified: 2021/12/22
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
a . Signature requirement (specify requirement)
Comments: Article 43: A candidate list for election of councillors or MPs may be accepted if it has been supported by signatures of at least 0.8% of voters out of the number of voters in the electoral district, counting according to the data on the number of voters in the elections which preceded the decision to call for elections, regardless of whether those were elections for the president of Montenegro or parliamentary elections. As an exception to para. 1 of this Article, candidate lists for election of councillors of political parties or groups of voters which represent a minority nation or a minority ethnic community may be accepted if supported by the signatures of at least 150 voters, that is, for election of members of parliament it may be accepted if supported by the signatures of at least 1,000 voters who are exercising the right referred to in Article 94 para. 2 of this Law. In municipalities in which the seat of a councillor in previous elections was equal or less than 150 votes, candidate lists for election of councillors may be accepted if supported by the number of signatures of voters which is less
by one compared to the number of votes equal to one councillor seat in the previous elections for the relevant municipal assembly. A candidate list for election of members of parliament which represents a minority nation or a minority ethnic community which constitutes up to 2% of the Montenegrin population according to the last census results may be accepted if supported by the signatures of at least 300 voters.
Voters who sign lists for election of councillors shall have their place of permanent residence in the territory of the relevant municipality. Voters who sign lists for election of members of parliament shall have their place of permanent residence in the territory of Montenegro.
(Paragraph 6 was repealed).
The State Election Commission shall prescribe the procedure and organisation of gathering voter signatures in support of a candidate list.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 43.
http://www.legislationline.org/search/runSearch/1/key/electoral+law/country/57/rows/10/type/1
Verified: 2021/12/22
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship d . Residence j . Other
Comments: Article 11: 1. A voter who has turned 18 years of age, has legal capacity and permanent residence in Montenegro for no less than two years prior to the election day, shall be entitled to vote for and stand as a candidate in election of members of parliament.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, Art. 11(1).
http://www.legislationline.org/search/runSearch/1/key/electoral+law/country/57/rows/10/type/1
Verified: 2021/12/22
PC005
Question: What are the legal qualifications for becoming a candidate at presidential elections?
Answer(s):
b . Citizenship d . Residence
Comments: Art. 96: A Montenegrin citizen residing in Montenegro for minimum 10 years in the past 15 years may be elected for the President of Montenegro.
Source: Constitution, Art. 96.
https://www.constituteproject.org/constitution/Montenegro_2013?lang=en
Verified: 2021/12/22
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
e . In both presidential and legislative elections
Comments: Electoral Law on Election of President: The candidate for president can be nominated by a political party or a group of citizens, on the basis of signatures of at least 1,5% of the total electorate using as reference the number of voters from the elections that preceded the Decision on Calling of the Elections.
A single political party or a group of citizens may nominate one candidate only.
Two or more political parties may nominate a joint candidate.
Electoral Law on the Election of Councillors and Representatives: Article 38: 1. Political parties registered in Montenegro, separately or as a coalition, as well as groups of voters, shall propose candidates for their candidate lists on the basis of a certain number of voter signatures.
Source: Electoral Law: Law on Election of President of Montenegro, adopted on 27 December 2007, art. 4.
Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 38(1).
Verified: 2021/12/22
PC010
Question: If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/12/22
PC011
Question: If independent candidates can compete in presidential elections, what are the registration requirements?
Answer(s):
a . Signature requirement (specify)
Comments: Electoral Law on Election of President: The candidate for president can be nominated by a political party or a group of citizens, on the basis of signatures of at least 1,5% of the total electorate using as reference the number of voters from the elections that preceded the Decision on Calling of the Elections.
A single political party or a group of citizens may nominate one candidate only.
Two or more political parties may nominate a joint candidate.
Source: Electoral Law: Law on Election of President of Montenegro, adopted on 27 December 2007, art. 4.
Verified: 2021/12/22
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct c . Indirect
Comments: Electoral Law: The Law on Financing of Political Entities and Election Campaigns (2015)
Article 2:
Political entities may acquire funds for regular operation and the election campaign from public and private sources, in accordance with this Law.
Article 5:
Public sources, in terms of this Law, are the funds allocated from the Budget of Montenegro and local self-government budgets (hereinafter referred to as: the budgetary assets).
Article 7:
Budgetary assets may be used to finance:
1) regular operation of political entities;
2) costs of election campaigns for the election of Members of Parliament and councillors and
election of the President of Montenegro.
Article 8:
A political entity which participates in the elections and wins at least one MP or councilor seat shall be entitled to budgetary assets referred to in Article 7 paragraph 1 item 1 of this Law. Entity that submitted the verified and proclaimed electoral list and the nomination for the election for the President of Montenegro shall be entitled to budgetary assets referred to in Article 7, paragraph 1, item 2 of this Law.
Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016:
Art 53: All contestants, including political parties, during the campaign period are allocated to free broadcast time as well as equal terms for newspaper space.
Source: Electoral Law: The Law on Financing of Political Entities and Election Campaigns (2015)
https://www.antikorupcija.me/media/documents/LAW_ON_FINANCING_OF_POLITICAL_ENTITIES_lLovfsJ.pdf
Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 53
https://www.legislationline.org/download/id/7743/file/Montenegro_Law_elections_councillors_members_of_parliament_1998_am2016_en.pdf.
Verified: 2021/12/22
PC014
Question: If political parties receive indirect public funding, identify the type of funding:
Answer(s):
a . Free media access
Comments: Art 53: During the election campaign, the Radio and Television of Montenegro, regional and local public broadcasters shall ensure free of charge and equal broadcasting of announcements of all promotional rallies of candidate lists submitting entities, on a daily basis, of equal duration and as part of the same timeslots, within commercial marketing blocks whose audibility and visibility are ensured in the entire territory of Montenegro or local government unit.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 53
https://www.legislationline.org/download/id/7743/file/Montenegro_Law_elections_councillors_members_of_parliament_1998_am2016_en.pdf.
Verified: 2021/12/22
PC015
Question: What is the basis of the public funding?
Answer(s):
a . Equal funding, regardless of size and previous performance c . Based on current legislative representation
Comments: Budgetary assets for financing of the regular operation of the political entities in the Parliament:
20% of the funds referred to in paragraphs 1, 2 and 3 of this Article shall be distributed in equal amounts to political entities in the Parliament, and municipal assemblies respectively, and the remaining 80% of funds in proportion to the total number of MP and councilor seats they have at the time of distribution.
Budgetary assets for financing of the costs of the election campaign:
20% of the funds referred to in paragraph 1 of this Article shall be distributed in equal amounts to
the political entities, within eight days from the expiry of deadline for submission of the electoral
lists. 80% of the funds referred to in paragraph 1 of this Article shall be distributed to the political entities
that won seats, in proportion to the number of seats awarded.
Source: Electoral Law: The Law on Financing of Political Entities and Election Campaigns (2015), art. 11 and 14
https://www.antikorupcija.me/media/documents/LAW_ON_FINANCING_OF_POLITICAL_ENTITIES_lLovfsJ.pdf
Verified: 2021/12/22
PC016
Question: If political parties receive public funding, what is the specified purpose?
Answer(s):
a . General party administration b . Election campaign activities
Comments: Article 2:
Political entities may acquire funds for regular operation and the election campaign from public and private sources, in accordance with this Law.
Source: Electoral Law: The Law on Financing of Political Entities and Election Campaigns (2015), art. 2, 11 and 14
https://www.antikorupcija.me/media/documents/LAW_ON_FINANCING_OF_POLITICAL_ENTITIES_lLovfsJ.pdf
Verified: 2021/12/22
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: Article 2:
Political entities may acquire funds for regular operation and the election campaign from public and private sources, in accordance with this Law.
Source: Electoral Law: The Law on Financing of Political Entities and Election Campaigns (2015), Art. 2.
https://www.antikorupcija.me/media/documents/LAW_ON_FINANCING_OF_POLITICAL_ENTITIES_lLovfsJ.pdf
Verified: 2021/12/22
PC018
Question: If political parties are entitled to private funding, for what period?
Answer(s):
c . As related to the election period and between elections
Comments: Art. 2: Political entities may acquire funds for regular operation and the election campaign from public
and private sources
Art. 17: Political entities may raise funds for financing of the election campaign costs from private sources
only during the election campaign.
But funds for regular operation can be received between elections.
Source: Electoral Law: The Law on Financing of Political Entities and Election Campaigns (2015), Art. 2, 17.
https://www.antikorupcija.me/media/documents/LAW_ON_FINANCING_OF_POLITICAL_ENTITIES_lLovfsJ.pdf
Verified: 2021/12/22
Vote Counting
VC002
Question: What are the characteristics of ballots used at national legislative elections (Chamber 2)?
Answer(s):
s . Not applicable
Comments:
Source:
Verified: 2021/12/23
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments: Article 89: 1. After the voting, the polling board shall begin ascertaining voting results at the polling station. The polling board shall ascertain the number of unused ballot papers and place them in a special envelope which shall then be sealed.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, Art. 89
https://www.legislationline.org/download/id/7743/file/Montenegro_Law_elections_councillors_members_of_parliament_1998_am2016_en.pdf
Verified: 2021/12/23
VC006
Question: Following the sorting and counting, to where are the results first transmitted for consolidation?
Answer(s):
c . District level
Comments: After the voting results have been ascertained, the polling board shall immediately submit to the municipal election commission the election materials referred to in para.1 of this Article and it shall do so at the latest within six hours as of the close of the polling station.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, Art. 91
https://www.legislationline.org/download/id/7743/file/Montenegro_Law_elections_councillors_members_of_parliament_1998_am2016_en.pdf
Verified: 2021/12/23
VC007
Question: At what levels are seats allocated?
Answer(s):
b . District level d . National level
Comments: The total number of votes received by each candidate list and the number of seats which pertain to each of the lists shall be established by the municipal election commission for election of councillors and by the State Election Commission for election of members of parliament respectively.
Each candidate list shall receive the number of seats proportionate to the number of votes received, in accordance with this Law.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, Art. 93
https://www.legislationline.org/download/id/7743/file/Montenegro_Law_elections_councillors_members_of_parliament_1998_am2016_en.pdf
Verified: 2021/12/23
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
g . No information available h . Not applicable
Comments: There is no provision for a recount of ballots. No provisions either in the electoral law.
Source: OSCE/ODIHR Election Observation Mission Final Report on the Early Parliamentary Elections (29 March 2009) in Montenegro (Warsaw, 2009): http://www.osce.org/documents/odihr/2009/06/38110_en.pdf
Verified: 2021/12/23
Media and Elections
ME003
Question: Which of the following types of television stations are present at a national level in your country?
Answer(s):
a . Publicly owned c . Privately owned
Comments: There are four TV stations with national coverage, one of which is public.
Source: https://cadmus.eui.eu/bitstream/handle/1814/71967/montenegro_results_mpm_2021_cmpf.pdf?sequence=1
Verified: 2021/12/24
ME005
Question: Which of the following do you believe best describes the print media situation at the national level in your country?
Answer:
c . Competition exists between government newspaper and at least one private newspaper
Comments: Daily newspaper Pobjeda was founded in 1944 and is now financed from state budget. There are 7 daily newspapers, one established as recently as 2014.
Source: https://www.kas.de/en/web/balkanmedia/newspapers6
Verified: 2021/12/24
ME014
Question: What proportion of the population can receive transmissions of the national level programming of the public television stations?
Answer:
a . Over 60%
Comments:
Source:
Verified: 2021/12/24
ME023
Question: Are any journalists currently imprisoned or facing criminal charges for exercising their profession?
Answer:
a . Yes
Comments: For example investigative journalist Jovo Martinovic.
Source: https://ipi.media/conviction-of-montenegro-journalist-jovo-martinovic-widely-condemned/
Verified: 2021/12/24
ME031
Question: Have the media or journalists' organisations adopted a code of ethics specific to elections? Please send us a copy.
Answer:
a . Yes
Comments:
Source: https://www.mminstitute.org/files/CODEX%20OF%20MONTENEGRIN%20JOURNALISTS.pdf
Verified: 2021/12/24
ME033
Question: Which body, if any, is responsible for regulating free or paid access of political parties or candidates to the media during election campaigns.
Answer:
b . Other (specify)
Comments:
Source:
Verified: 2021/12/24
ME034
Question: Which of the following types of radio stations provide political parties with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned
Comments: Art. 50: As of the date of candidate list validation, until completion of the election campaign (hereinafter referred to as the election campaign), candidate list submitting entities shall be entitled to inform citizens of their candidates, programmes and activities on a daily basis, in equal duration and free of charge, through the national public broadcaster Radio and
Television of Montenegro, as well as through regional and local public broadcasters, within the same daily timeslots and topical coverage of news-stories.
Art. 53 and 53a: During the election campaign, the Radio and Television of Montenegro, regional and local public broadcasters shall ensure free of charge and equal broadcasting of announcements of all promotional rallies of candidate lists submitting entities, on a daily basis, of equal duration and as part of the same timeslots, within commercial marketing blocks whose audibility and visibility are ensured in the entire territory of Montenegro or local government unit.
Source: Law on the Election of Councillors and Members of Parliament, Art. 50, 53, 53a
https://www.legislationline.org/download/id/7743/file/Montenegro_Law_elections_councillors_members_of_parliament_1998_am2016_en.pdf
Verified: 2021/12/24
ME035
Question: Which of the following types of television stations provide political parties with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned
Comments: Art. 50: As of the date of candidate list validation, until completion of the election campaign (hereinafter referred to as the election campaign), candidate list submitting entities shall be entitled to inform citizens of their candidates, programmes and activities on a daily basis, in equal duration and free of charge, through the national public broadcaster Radio and
Television of Montenegro, as well as through regional and local public broadcasters, within the same daily timeslots and topical coverage of news-stories.
Art. 53 and 53a: During the election campaign, the Radio and Television of Montenegro, regional and local public broadcasters shall ensure free of charge and equal broadcasting of announcements of all promotional rallies of candidate lists submitting entities, on a daily basis, of equal duration and as part of the same timeslots, within commercial marketing blocks whose audibility and visibility are ensured in the entire territory of Montenegro or local government unit.
Source: Law on the Election of Councillors and Members of Parliament, Art. 50, 53, 53a
https://www.legislationline.org/download/id/7743/file/Montenegro_Law_elections_councillors_members_of_parliament_1998_am2016_en.pdf
Verified: 2021/12/24
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
a . Equal regardless of size of party and previous performance
Comments: Art. 50: As of the date of candidate list validation, until completion of the election campaign (hereinafter referred to as the election campaign), candidate list submitting entities shall be entitled to inform citizens of their candidates, programmes and activities on a daily basis, in equal duration and free of charge, through the national public broadcaster Radio and
Television of Montenegro, as well as through regional and local public broadcasters, within the same daily timeslots and topical coverage of news-stories.
Art. 53: During the election campaign, the Radio and Television of Montenegro, regional and local public broadcasters shall ensure free of charge and equal broadcasting of announcements of all promotional rallies of candidate lists submitting entities, on a daily basis, of equal duration and as part of the same timeslots, within commercial marketing blocks whose audibility and visibility are ensured in the entire territory of Montenegro or local government unit.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 50, 53 and 53a.
https://www.legislationline.org/download/id/7743/file/Montenegro_Law_elections_councillors_members_of_parliament_1998_am2016_en.pdf
Verified: 2021/12/24
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
a . Yes, in presidential elections b . Yes, in legislative elections
Comments: Debates are generally broadcasted by the public tv channel (RTCG)
Source: Final Report: Montenegro, Parliamentary Elections, OSCE (2020), p. 18
https://www.osce.org/files/f/documents/5/2/473532.pdf
Verified: 2021/12/24
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
f . 10 or more days
Comments: Article 63: Within 15 days before the election day, radio-broadcasting services and other media shall not be allowed to publish the results of public opinion polling, other surveys and analyses regarding the choices of citizens with reference to election results assessment. On election day, during the voting, no one shall be allowed to publish an assessment of voting results in the programmes of radio-broadcasting services and other media.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 63(1).
https://www.legislationline.org/download/id/7743/file/Montenegro_Law_elections_councillors_members_of_parliament_1998_am2016_en.pdf
Verified: 2021/12/24
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
c . No information available
Comments:
Source:
Verified: 2021/12/24
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: Constitution: Article 2: The citizen shall exercise power directly and through the freely elected representatives.
Article 157: Change of Articles 1, 2, 3, 4, 12, 13, 15, 45 and 157 shall be final if minimum three fifths of the total number of voters support the change in the national referendum.
Source: Constitution: The Constitution of the Republic of Montenegro, SU-SK Ref. no. 01-514/12, 19 October 2007, art. 2 & 157.
https://www.constituteproject.org/constitution/Montenegro_2013?lang=en
Law: Law on Referendum as of 19 February 2001.
Verified: 2021/12/25
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: Article 3: (1) The republican referendum must be called for the purpose of a prior pronouncement of citizens on any changes in the status of the country, changes in the form of a government and any changes of frontiers.
Source: Law: Law on Referendum as of 19 February 2001, art. 3(1).
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2005)076-e
Verified: 2021/12/25
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: Article 3: (2) The republican referendum can be called for the purpose obtaining an opinion of citizens prior to making a decision on specific issues lying within the competence of the Assembly of the Republic.
Source: Law: Law on Referendum as of 19 February 2001, art. 3(2).
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2005)076-e
Verified: 2021/12/25
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments: Article 93: The right to propose laws and other acts shall be granted to the Government and the Member of the Parliament. The right to propose laws shall also be granted to six thousand voters, through the Member of the Parliament they authorized.
The proposal to call for the national referendum may be submitted by: at least 25 Members of the Parliament, the President of Montenegro, the Government or at least 10% of the citizens with the right to vote
82:11: It is the responsibility of Parliament to call for the national referendum
Source: Constitution: The Constitution of the Republic of Montenegro, as amended 2013 art. 82:11 & 93.
https://www.constituteproject.org/constitution/Montenegro_2013.pdf?lang=en
Verified: 2021/12/25
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
a . Yes
Comments: Article 93: The right to propose laws shall also be granted to six thousand voters, through the Member of the Parliament they authorized
Source: Constitution: The Constitution of the Republic of Montenegro, SU-SK Ref. no. 01-514/12, 19 October 2007, art. 93:2.
https://www.constituteproject.org/constitution/Montenegro_2013.pdf?lang=en
Verified: 2021/12/25
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments: Article 5 (4): Councillors and members of parliament may not be recalled.
Source: Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm).
LAW ON ELECTION OF COUNCILLORS AND MEMBERS OF PARLIAMENT, as amended 2016, Article 5 para.4
https://www.legislationline.org/download/id/7743/file/Montenegro_Law_elections_councillors_members_of_parliament_1998_am2016_en.pdf
Verified: 2021/12/25
DD008
Question: What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
b . Specific laws/legislation
Comments: Law on Referendum of the Republic of Montenegro, Art. 1: The present Law regulates the calling and administration of a referendum, being the form of a prior pronouncement of citizens, as well as bodies in charge of the administration of a
referendum and protection of citizens’ rights in the administration of a referendum.
Source: Law: Law on Referendum as of 19 February 2001
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2005)076-e
Verified: 2021/12/25
DD009
Question: What is the legal basis for the administrative requirements for optional referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
b . Specific laws/legislation
Comments: Law on Referendum of the Republic of Montenegro, Art. 1: The present Law regulates the calling and administration of a referendum, being the form of a prior pronouncement of citizens, as well as bodies in charge of the administration of a
referendum and protection of citizens’ rights in the administration of a referendum.
Source: Law: Law on Referendum as of 19 February 2001
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2005)076-e
Verified: 2021/12/25
DD010
Question: What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/12/25
DD101
Question: What restrictions, if any, are there in relation to signature collection for a recall?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2021/12/25
DD103
Question: What form of checks are undertaken to verify signatures for a citizens' initiative?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2021/12/25
DD104
Question: What form of checks are undertaken to verify signatures for a recall?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2021/12/25
DD106
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a referendum?
Answer(s):
f . Other (specify)
Comments: Art. 15: Publicity of the referendum administration procedure shall imply the right of every citizen to be informed in a timely and truthful manner and under equitable terms by means of public media, on all stages of the above procedure and the varied attitudes and opinions in respect to a referendum question.
The competent assembly shall, by passing a special ordinance, prescribe more detailed conditions in respect to public campaigning by means of media.
Source: Law: Law on Referendum as of 19 February 2001, Art. 15
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2005)076-e
Verified: 2021/12/25
DD107
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in an initiative?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2021/12/25
DD108
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a recall?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2021/12/25
DD114
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a recall?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2021/12/25
DD117
Question: What is the period during which these controls apply for a recall?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2021/12/25
DD012
Question: What is the legal basis for the administrative requirements for recalls at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/12/25
DD120
Question: Which campaigners, if any, are entitled to some forms of public assistance for a recall? Specify in the "Comments" section below.
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2021/12/25
DD123
Question: Which forms of public assistance, if any, are provided for a recall? Specify in the "Comments" section below.
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2021/12/25
DD127
Question: What restrictions, if any, apply in relation to the individuals who can sign for a recall?
Answer:
e . Not applicable
Comments:
Source:
Verified: 2021/12/25
DD021
Question: Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2021/12/25
DD022
Question: Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
a . Yes, in all municipalities/districts/communes
Comments: Art. 2: Referendum in a municipality, the capital city of the Republic i.e. the administrative center (hereinafter referred to as: the municipality) shall be called for the purpose of a prior pronouncement of citizens on specific issues lying within the competence of the municipal assembly.
Art. 3: The municipal referendum must be called for the purpose of a prior pronouncement of citizens on the establishment of new municipalities, abolishment or amalgamation of the existing municipalities and any changes in the domicile of municipalities.
Source: Law: Law on Referendum as of 19 February 2001, Art. 2, 3
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2005)076-e
Verified: 2021/12/25
DD023
Question: Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
a . Yes, in all municipalities/districts/communes
Comments: Art. 3: The municipal referendum can be called for the purpose of obtaining an opinion of the citizens prior to making a decision on specific issues lying within the competence of the municipal assembly, in the manner and following the procedure prescribed by the municipal statute in conformity with the present Law.
Source: Law: Law on Referendum as of 19 February 2001, Art. 2, 3
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2005)076-e
Verified: 2021/12/25
DD027
Question: What are the issues, if any, in relation to which referendums are mandatory at the national level?
Answer(s):
d . National sovereignity, national self-determination j . Other (specify)
Comments: Art. 3: The republican referendum must be called for the purpose of a prior pronouncement of citizens on any changes in the status of the country, changes in the form of a government and any changes of frontiers.
Source: Law: Law on Referendum as of 19 February 2001, Art. 3
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2005)076-e
Verified: 2021/12/25
DD028
Question: What are the issues, if any, in relation to which referendums are optional at the national level?
Answer(s):
i . Other public policy issues j . Other (specify)
Comments: Art. 3: The republican referendum can be called for the purpose obtaining an opinion of citizens prior to making a decision on specific issues lying within the competence of the Assembly of the Republic.
Source: Law: Law on Referendum as of 19 February 2001, Art. 3
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2005)076-e
Verified: 2021/12/25
DD031
Question: Who can initiate a referendum at the national level?
Answer(s):
f . Other (specify)
Comments: Art. 5: The decision on calling a republican referendum shall be made by the Assembly of the Republic, by majority of votes of the total number of representatives in the Assembly.
Source: Law: Law on Referendum as of 19 February 2001, Art. 5
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2005)076-e
Verified: 2021/12/25
DD032
Question: Who is responsible for drafting the mandatory referendum question?
Answer(s):
f . Other (specify who)
Comments: The Assembly of the Republic is responsible.
Art. 5: The decision on calling a referendum shall determine specifically, the wording of the question on which the citizens are to pronounce themselves in the referendum, as well as the date of holding the referendum.
Source: Law: Law on Referendum as of 19 February 2001, Art. 5
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2005)076-e
Verified: 2021/12/25
DD033
Question: Who is responsible for drafting the optional referendum question?
Answer(s):
f . Other (specify who)
Comments: The Assembly of the Republic is responsible.
Art. 5: The decision on calling a referendum shall determine specifically, the wording of the question on which the citizens are to pronounce themselves in the referendum, as well as the date of holding the referendum.
Source: Law: Law on Referendum as of 19 February 2001, Art. 5
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2005)076-e
Verified: 2021/12/25
DD043
Question: When is the outcome of a mandatory referendum binding?
Answer:
a . Always
Comments: Art. 4: The outcome of a referendum shall be binding on the assembly calling the referendum.
Source: Law: Law on Referendum as of 19 February 2001, Art. 4
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2005)076-e
Verified: 2021/12/25
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
a . Always binding
Comments: Article 4: The outcome of a referendum shall be binding on the assembly calling the referendum.
Source: Law: Law on Referendum as of 19 February 2001, art. 4.
http://www.legislationline.org/documents/id/3934
Verified: 2021/12/25
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments: Art. 2: The Referendum shall be called for the purpose of a prior pronouncement of citizens on specific issues lying within the competence of the Assembly. The Parliament has competence on both constitutional and other issues, thus, the referendum might be called upon them.
Source: Law: Law on Referendum as of 19 February 2001, Art. 2(1).
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2005)076-e
Constitution: The Constitution of the Republic of Montenegro, SU-SK Ref. no. 01-514/12, 19 October 2007, Art. 82, 93
https://www.constituteproject.org/constitution/Montenegro_2013?lang=en
Verified: 2021/12/25
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments: Constitution: Article 113: In the local self-government the decisions shall be made directly and through the freely elected representatives.
Law: Article 2: (2) Referendum in a municipality, the capital city of the Republic i.e. the administrative center shall be called for the purpose of a prior pronouncement of citizens on specific issues lying within the competence of the municipal assembly.
Source: Constitution: The Constitution of the Republic of Montenegro, SU-SK Ref. no. 01-514/12, 19 October 2007, art. 113(1).
https://www.constituteproject.org/constitution/Montenegro_2013?lang=en
Law: Law on Referendum as of 19 February 2001, art. 2(2).
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2005)076-e
Verified: 2021/12/25
DD132
Year of introducing Direct Democracy
Question: What year were the first Direct Democracy mechanisms introduced to the legal framework?
Answer:
g . >2000
Comments:
Source: Constitution: The Constitution of the Republic of Montenegro, SU-SK Ref. no. 01-514/12, 19 October 2007
Verified: 2021/12/25
DD133
Question: What year was the first referendum/initiative held?
Answer:
g . >2000
Comments: The decision of the citizens of Montenegro to live in an independent and sovereign state of Montenegro, made in the referendum held on May 21, 2006.
Source: Constitution: The Constitution of the Republic of Montenegro, SU-SK Ref. no. 01-514/12, 19 October 2007, Preamble https://www.constituteproject.org/constitution/Montenegro_2013?lang=en
Verified: 2021/12/25
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections d . At specially designated polling stations f . By mail h . By proxy
Comments: Article 67:Voters shall cast their votes at polling stations in which they have been included into the extract from the electoral register. As an exception to the provision of para.1 of this Article, voters may vote by post outside of the polling station in which they have been included into the extract from the electoral register, under the conditions laid down in this Law.
Article 84: A voter who cannot cast his vote in person because of polling station, information and communication inaccessibility (person with disability) or due to illiteracy (illiterate person) shall be entitled to do so with the assistance of an aid designated by him, who shall mark the ballot, that is, cast the vote as instructed by the vote.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2011, art. 67, 84-85 & 87.
https://www.legislationline.org/download/id/7743/file/Montenegro_Law_elections_councillors_members_of_parliament_1998_am2016_en.pdf
Verified: 2021/12/25
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
h . No information available
Comments: IFES: Only citizens who are currently in Montenegro at the time of the elections may vote. Montenegrin citizens who live abroad may only vote in person by returning to the country for Election Day.
Venice Commission: 18. There are, for example, 12 countries where no legal provisions have been enacted to organise voting for their nationals abroad or where the right to vote has only been granted to a very restricted category of people. These countries are: Albania, Armenia, Chile, Cyprus, Greece, Ireland, Israel, Malta, Montenegro, San Marino and Turkey.
Article 88: Voters staying abroad shall cast their votes at polling stations in the area of their last place of permanent residence in the territory of Montenegro before they went abroad.
Source: Elections in Montenegro 2016 Parliamentary Elections
Frequently Asked Questions (IFES) pp. 2
http://www.ifes.org/sites/default/files/2016_ifes_montenegro_parliamentary_elections_faqs.pdf
EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) DRAFT REPORT ON OUT-OF-COUNTRY VOTING (2011) pp. 5
http://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2011)027-e
LAW ON ELECTION OF COUNCILLORS AND MEMBERS OF PARLIAMENT, as amended 2016, art. 88
http://www.legislationline.org/topics/country/57/topic/6
Verified: 2021/12/25
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
h . Not applicable
Comments: Article 88: Voters staying abroad shall cast their votes at polling stations in the area of their last place of permanent residence in the territory of Montenegro before they went abroad.
Source: LAW ON ELECTION OF COUNCILLORS AND MEMBERS OF PARLIAMENT, as amended 2016, art. 88
http://www.legislationline.org/topics/country/57/topic/6
Verified: 2021/12/25
VO006
Question: Can people vote in advance of the designated national election day(s)?
Answer:
a . No
Comments:
Source:
Verified: 2021/12/25
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments: Article 82: Voters may vote only for one candidate list from the ballot paper. Votes shall be cast by circling the ordinal number in front of the title of the candidate list for which the vote is cast, or by circling the title of the list or the name and surname of the leader of the list. Voters shall personally fold the ballot paper that has been filled in so that no one can see how they voted, while leaving the counterfoil unobstructed, and thereafter, while holding in their hands the folded ballot paper, they shall go to the ballot box and enable the polling board member chosen by drawing lots, and if need be, the member designated by the polling board, to detach the counterfoil from the ballot paper along the line of perforations. Voters shall thereafter put the ballot paper in the appropriate ballot box and leave the polling station.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 82.
http://www.legislationline.org/topics/country/57/topic/6
Verified: 2021/12/25
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