The Prosecutor's Council (TS) is hiding from the public that two of the three candidates for the most important position in the State Prosecutor's Office have not submitted complete documentation, which should legally be an eliminatory factor from the further race for the Supreme State Prosecutor (VDT), "Vijesti" has learned from several sources. .
On January 4, TS announced a public call for the selection of VDT, to which legal experts applied within the legal deadline. Milorad Miško Marković, judge of the High Court Suzana Mugoša and acting VDT Maja Jovanovic.
"Vijesti" was unofficially informed that Jovanović's application was the only correct one, because the others did not, within the prescribed period, submit a certificate of citizenship, which is a legal obligation.
Marković told "Vijesta" yesterday that it is true that he did not submit a certificate of citizenship in the application, but that from the submitted documentation it can be unequivocally established that he has one...
Two days ago, to several letters sent to "Vijesti", TS responded curtly that they would promptly inform the public about the completeness of candidate applications.
To the additional question - why the public, at this moment, has no right to know whether the applications of the candidates for the most responsible position in the State Prosecutor's Office are complete and timely, almost the same answer arrived:
"As you were previously informed, the Prosecutor's Council will make a decision on the completeness of the applications at the next session, and you will be informed of the decisions made in a timely manner."
Apart from the fact that at the session on January 25 of this year, TS members discussed the lack of documentation, after excluding the public, referring to Article 19 of that body's Rules of Procedure, they also allowed Marković and Mugoša to subsequently submit a certificate of citizenship.
According to the knowledge of "Vijesti", the two candidates submitted their documents on the last working day of this week, which is exactly seven days after the end of the TS competition for the position of VDT in full term.
By accepting the supplement to the application, TS, if it does so on Monday, would most likely break the law and make senseless by issuing a public invitation stating that it will "reject untimely and incomplete applications". Also, they would enable interested candidates to submit their applications, even though the deadline for that has expired, even though it would be inappropriate.
Lawyers with whom "Vijesti" spoke estimate that by accepting the violation of the rules, the candidates would also discredit themselves, because they are applying for the most responsible position in the state prosecutor's office, so no irregularities and privileges are in their favor.
The long-time attorney from Podgorica, who did not want to speak publicly about it, referred the journalist to the decision of the Administrative Court 2190/14 made in favor of the then TS, which rejected the application of the candidate for VDT as incomplete. Aleksandar Kovačević - because he did not submit a medical certificate.
Silence in the Council
On Friday, January 27, 2023, TS persistently avoided answering the questions of "Vijesti", including - whether in the applications and documentation submitted by the candidates for VDT, only Suzana Mugoša lacked a certificate of citizenship or the other two candidates did not have it either. handed over.
TS did not even answer the question of whether Marković and Mugoš were allowed to subsequently complete the documentation, and whether this contradicts the Law on the State Prosecutor's Office.
The TS Secretariat replied that at the next session, that body will make a decision on the completeness of the applications of candidates registered for the public call for the election of VDT.
"According to the provisions of the Law on the State Prosecutor's Office, after which the public will be informed about the decisions made in a timely manner. At the same time, we note that the conditions for the election of the Supreme State Prosecutor are prescribed by the Law on the State Prosecutor".
To the repeated question why, at this moment, the public has no right to know whether the applications of the candidates for the most responsible position in the State Prosecutor's Office are complete and timely, almost the same answer arrived:
"As you were previously informed, the Prosecutor's Council will make a decision on the completeness of the applications at the next session, and you will be informed of the decisions made in a timely manner", writes the answer of TS.
After such an answer, "Vijesti" again asked TS whether it is true that the candidates Suzana Mugoša and Milorad Marković submitted certificates of citizenship on January 27, and if so - under what regulation was this possible, because it is obvious that their documentation timely but not complete.
TS also covered up the facts in the third answer - that two applications are incomplete and that supplementing the application of the candidate for the most responsible position in the prosecutor's office is most likely a very obvious violation of the law.
"As you were previously informed, at the next session, the Prosecutor's Council will make a decision on the completeness and timeliness of the applications of the candidates who applied for the public invitation for the supreme state prosecutor. You will be informed about the decisions made in a timely manner".
They did not answer the questions whether the candidates who did not submit a certificate of citizenship, in a timely manner, submitted a certified copy of the biometric identity card in the notarized documents, nor why the TS discussed for hours whether the application of the candidate Mugoša was complete, if it was it was indisputably announced at the beginning of the session that the certificate of citizenship was missing.
Unanswered was the question of which of the members of the TS represented the point of view that the documentation, which is mandatory, can be submitted later, on what basis such positions are based, if the mandatory documentation is clearly prescribed by law.
They circumvent regulations
The competition for the most important position in the Montenegrin prosecutor's office, i.e. for the position from which the work of the Special State Prosecutor's Office (SDT), higher and basic prosecutor's offices, decides on complaints, raises requests for the protection of legality against court decisions..., expired on January 20.
TS received Mugoša's application on January 18, a day later than Jovanović, while Marković submitted his application on the last day of the competition.
Five days later, the TS met to do what they are required to do under the Law on the State Prosecutor's Office - determine whether the registered candidates submitted "legally timely and orderly documentation".
However, they postponed the decision until January 30, after an almost three-hour discussion on whether Judge Mugoša would be included in the list of candidates in the process of electing the Supreme State Prosecutor, because the members of that body could not agree on whether in the public part of the session has submitted complete documentation.
In the original documentation, as stated in the introductory part by the Secretary of the TS Mithat Kuch, Judge Mugoša did not provide proof that he is a Montenegrin citizen, nor a copy of his identity card.
"VDT needs general conditions for the state prosecutor, which says that a person who meets the general conditions for working in state bodies can be elected for that position," emphasized the TS secretary.
That night, TS did not mention in the public part that Marković lacked the same conviction, and this was not written in the announcement either.
An afterthought
Although the issue regarding Judge Mugoša's documentation was first voted on, during the public part of the session, the members still decided to consider the issue a little more.
"I am in a big dilemma about this issue. I can see that others feel the same way. I don't know what the previous practice was. It is a well-known fact that she is a judge, and she could not be if she does not have Montenegrin citizenship. I don't know if that might be enough", said the TS member Miloš Vuksanović.
Member of TS Stevo Muk was restrained because he is a judge and that knowledge indicates that he is a Montenegrin citizen.
"I would not like to eliminate the candidate, because it is obvious that he has that condition," said Muk.
During the next vote, Vuksanović, Muk and Philip Jovovich, while they Siniša Gazivoda, Tatjana Begović, Nikola Samardzic, Đurđina Nina Ivanovic i Sanja Jovićević were against adding Judge Mugoša to the list of candidates due to incomplete documentation.
That round was not concluded either, and then Vuksanović asked for a break and referred to Article 19 of the Rules of Procedure, after which the public was excluded by a unanimous decision of the TS.
Behind closed doors, TS members discussed the list of candidates for the VDT for more than two hours.
"Vijesti" interlocutors claim that the deficiency in Marković's documentation was noticed at the session, and then the members suggested what would be the best legal solution to resolve the problem of incomplete documentation for two candidates so that they would not be eliminated from the race for VDT.
Kovačević was kicked out in 2014 due to a health certificate
Lawyer Aleksandar Kovačević, who in 2014 was eliminated from the race for VDT by the decision of the then TS, told "Vijesti" that he immediately appealed to the Administrative Court and later requested a review before the Supreme Court.
"Even though the decision of the courts was that TS acted correctly because I did not submit a certificate of medical fitness in the documentation, I think that I was doubly discriminated against then during that decision. As the function of the VDT, like that of the Prime Minister or the President of the State, is specific, such a certificate is not even necessary, and in addition, the legal possibility is not appreciated - when you move from one employment relationship to another, it is not necessary to submit a new certificate of health capacity", he said. Kovačević.
In the ruling of the Administrative Court, which "Vijesti" had access to, it is written that Kovačević's lawsuit is rejected with the explanation that the lawyer did not submit proof of medical fitness, as one of the general conditions, and the Court of Justice then correctly decided that the application was incomplete.
The competition provides for the rejection of incomplete applications
TS will reject untimely and incomplete applications, it is written in the public call for the election of the Supreme State Prosecutor of Montenegro, which was announced on January 4.
In that invitation, it was specified that the candidate must meet the conditions stipulated in Article 43 of the Law on the State Prosecutor's Office (ZDT) and that, in accordance with Article 45 of the ZDT, with the application for a public call, the candidate must submit evidence of meeting the conditions for the selection of the State Prosecutor's Office.
It is also prescribed that the evidence - documents on the fulfillment of conditions, must be submitted in the original or a certified copy.
Article 43 of the ZDT stipulates that a person who meets the general requirements for a state prosecutor, has work experience of at least 15 years as a state prosecutor or judge or at least 20 years in other legal jobs, but who is distinguished by professional impartiality, high professional and moral qualities.
That law stipulates that TS will reject untimely and incomplete applications, and not require supplemental applications.
"Against the decision to reject an untimely or incomplete application, the applicant may initiate an administrative dispute", as stipulated by the same legal act.
The Law on Civil Servants and State Employees, in the first paragraph of the article regulating it, stipulates that a person who is a Montenegrin citizen can establish an employment relationship in a state body.
Marković: They were obliged to inform us that proof of citizenship was missing
Lawyer Milorad Miško Marković said in a statement to "Vijesti" that it is true that he did not submit a special certificate of citizenship in the application, but that from the submitted documentation it can be unequivocally established that he has one - a notary document/certification that establishes identity with all personal data cards, as proof of citizenship.
He emphasized that even the public invitation of the TS from January 4 "was not in accordance with the provisions of the Rules of Procedure of the TS, according to Article 38 - it had to contain conditions and precise evidence of the fulfillment of the conditions that must be submitted with the application".
"The importance of the election of the VDT far exceeds the formal deficiency, which is easily ascertainable, and especially the illegal action of the TS Secretariat in the process of implementing the public call. In addition, the Secretariat and TS were obliged in accordance with Article 60 of the Law on Administrative Procedure - irregular submission to inform the candidates that it is necessary to supplement the documentation within 3 to 5 days".
According to that article of the ZUP, the authorized person is obliged to demand from the party/candidate immediately, and no later than three days from the date of receipt of the submission, to remove the remaining items and to set a deadline in which the party is obliged to do so.
Marković was the only one of the three registered candidates for the position of VDT to submit the Work Program to TS, although the Law on the State Prosecutor's Office does not explicitly require this for the position of VDT and GST, but it is a legal obligation for the heads of lower prosecution offices.
"I also submitted the work program, bearing in mind the obligation prescribed by the Rules of Procedure for the manager to submit the work program," he stated.
The law does not require any evidence for the position of acting VDT, although the acting must meet all the requirements for the position of supreme state prosecutor in full term.
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