The Administrative Court annulled the Government's decision dismissing Artan Kurti from the post of Inspector General of the National Security Agency (ANB).
The Council of President Ljiljana Šoškić stated that the lawsuit was well-founded and ordered that in the retrial the shortcomings committed by the Government in passing the decision on the dismissal should be eliminated.
"According to the order of the Court, the explanation of the disputed decision does not contain any substantive legal regulation that was applied in the specific case, which is necessary for the purpose of examining the legality of the decision, but only an unstated regulation of a procedural nature on which the competence of the defendant authority to issue a decision is based. from the cited provision of Article 60 paragraph 2 of the Law on Civil Servants and State Employees, it is clear that the explanation of the decision on the termination of the mandate of the appointed or appointed person by dismissal should contain concrete and clear reasons for the dismissal, and what reason is not represented by the fact that the prosecutor's duty as general inspector of the National Security Agency was appointed by the Government of Montenegro, whose mandate ended on October 31.10.2023, XNUMX," the explanation of the court decision states.
Kurti sued the government after he was dismissed, claiming the decision was illegal.
He also stated in the lawsuit that in the explanation of the decision it was written only that the Prime Minister (Milojko Spajić) proposed to the members of the cabinet to dismiss him and that they referred to the articles of the Law on the National Security Agency, which states that the person who performs the internal control of the work of the secret service is established and dismissed by the Government.
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