The newly dismissed chief inspector of the National Security Agency (ANB), Artan Kurti, announced that he will file a criminal complaint against the Government for non-execution of the court decision.
He said this after the representatives of the executive power removed his successor from that position, Predrag Burić, in a short period of time, appointed Kurti again, and then immediately dismissed him again...
"The biggest legal violence that can happen is exactly what the Government of Montenegro is doing. The court decided on the merits identically to the case of the Director of the Police Administration (Zoran Brđanin), they had no other jurisdiction, without reaching a conclusion on the continuation of the mandate. We will file a criminal case for non-execution of the court decision from Article 395 of the Criminal Code of Montenegro," he told "Vijesta".
In a similar way, the representatives of the executive power opposed the return of the dismissed Brđanin to the position of police chief, but in the end they had to return him to that position due to the decisions of the Administrative Court. He is now serving a new-old term, which ends in August next year.
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He also claims that the Government appointed Burić contrary to the Law on Civil Servants and State Employees, because "a person who is a beneficiary of the right to a pension cannot establish an employment relationship in a state body."
"The newly appointed Inspector General Predrag Burić was a beneficiary of the right to a pension, in accordance with the law, until the moment of his appointment, so it is evident that he does not meet the requirements in accordance with Article 27a paragraph 1 of the Law on ANB and Article 34 paragraph of the Law on Civil Servants, that be appointed to the position of inspector general," Kurti said.
His legal representative, lawyer Vaso Bečanovic, called the Government's decision scandalous.
"The government's scandalous decision and non-execution of court rulings shows that we live in a time of anarchy. We will file a criminal complaint for non-execution of court rulings..." announced Bečanović.
"Vijesti" was told by several sources that today, at the 44th session, the Government formally complied with the ruling of the Administrative Court and returned Kurti to the position of inspector general of the ANB, only to immediately remove him from that position again at the 45th session of the executive branch. .
In the announcement from the 45th session of the executive power, it is written that Kurti was dismissed, and Burić was appointed inspector general of the ANB.
In mid-July, the Administrative Court annulled the decision of the executive authority on the dismissal of Kurti on the merits and in a dispute of full jurisdiction, after which he addressed the General Secretariat of the Government with a submission and asked to continue his mandate.
He reminded that the Administrative Court assessed that the disputed act of the Government is illegal and that the judgment annuls it, that is, it removes it from legal circulation.
"According to Article 8 of the Law on Administrative Disputes, decisions made in administrative disputes are binding," stated Kurti and warned the Government that non-execution of court decisions is a criminal offence.
Bečanović previously told the newspaper that the Administrative Court ruled on the merits of the administrative matter, so the case is no longer being returned to the executive authority for re-procedure.
"This means that the decision on the dismissal no longer exists, and the Prime Minister's proposal on the dismissal does not exist either, and therefore Artan Kurti continues to perform the function of inspector general, with all the rights and obligations he had on the day of the dismissal," Bečanović said in the middle July.
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