An extract from the criminal records should not have been submitted to the government Artan Kurti in the proceedings conducted between those parties before the Administrative Court, because there is no legal basis for it, and the legal consequences due to his previous conviction have long since ceased to exist.
This was stated, among other things, by the Agency for the Protection of Personal Data, stating that his request for the protection of rights in that case was founded.
The Administrative Court recently ruled that the man from Ulcinj must be returned to the position of Inspector General of the National Security Agency (ANB) due to illegal dismissal.
The government did this only formally the day before yesterday - at the first session, they reappointed him to that position, then dismissed him immediately at the next session held on the same day.
In the information about respecting the court decision, however, the cabinet Milojko Spajić he is referring to Kurti's previous conviction.
"It is prescribed that an employment relationship in the Agency can be established by a person who, in addition to the general conditions for establishing an employment relationship in a state body, also meets the condition that he has not been legally convicted of a criminal offense. Upon inspection of the extract from the criminal record... it was determined that the appointed person is in the criminal record and that he was legally convicted of a criminal offense that makes him unfit to perform the duties of the Inspector General of the Agency, and which is a basis for dismissal," it is stated, among other things, in document signed by the Prime Minister.
The Agency for the Protection of Personal Data emphasizes that data from criminal records can, upon reasoned request, be given to a state authority. "If the legal consequences of conviction or security measures are still ongoing and if there is a justified interest based on the law", AZLP states.
They explain that in the specific case there was no justified interest, but also that the legal consequences do not last.
"It is established that there is no valid legal basis from... the Personal Data Protection Act, i.e. that the conditions prescribed by law for submitting data from criminal records have not been met... bearing in mind that the legal consequences of the conviction... pronounced by the Higher court in Podgorica, which took effect on the same day, September 23.09.2009, 23.09.2019. years, and which occur by force of law, no longer last, which is one of the legally prescribed conditions for providing data from criminal records. This is because the legal consequences of the conviction, which consist in the prohibition of acquiring certain rights, can be prescribed for a maximum duration of ten years, which term in particular could last until September XNUMX, XNUMX. year and the fact that the data on the legal consequences of the conviction for this natural person were not even entered in the register of criminal records", they state from AZLP in a document signed by Ljiljana Brajović.
DON'T MISS IT
Because of this, Kurti filed a criminal complaint against the prime minister yesterday Milojko Spajić and the Secretary General and President of the Commission for Personnel and Administrative Affairs of the Government Dragoljub Nikolić, assessing that they have committed a criminal offense - non-execution of a court decision.
Because of this, he also wrote to the head of the Delegation of the European Union in Podgorica Oani Christina Popi, stating that the prime minister does not respect the court's verdict and therefore the rule of law.
The day before yesterday, he told "Vijesti" that the Government should not have done anything in that case, except to return him to the position from which he was dismissed.
"The biggest legal violence that can happen is exactly what the Government of Montenegro is doing. The court decided identically on the merits as in the case of the Director of the Police Administration (Zoran Brđanin), did not have any other jurisdiction, without reaching a conclusion on the continuation of the mandate. We will file a criminal complaint 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.
He also claims that the Government appointed him again Predrag Burić for the chief inspector of the secret service 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".
His legal representative, lawyer Vaso Bečanović, called the Government's decision scandalous.
Bonus video:
