Former inspector general at the National Security Agency (ANB) Artan Kurti he sued the Government again after he was again dismissed from that position on August 1, stating that the executive power practically did not act according to the merits and executive judgment of the Administrative Court.
On that day, during two consecutive sessions, the government first formally complied with the court's decision and returned Kurti to the post of inspector general of the government in ANB, only to be immediately dismissed from that position.
At the same time, members of the Prime Minister's cabinet Milojko Spajić they previously resolved Predrag Burić from that position, and then returned it to the same position.
"Contrary to the substantive final and enforceable judgment of the Administrative Court of Montenegro... the defendant Government not only does not execute the final and enforceable decision of the court, but also does not respect and execute it, especially when in the explanation of the decision on dismissal it again states the reasons from Article 27a of the Law about ANB, which reasons represent reasons for appointment and not for dismissal, especially since the Government in the decision refers to previous convictions, while, as stated, the Administrative Court of Montenegro clearly indicated in its explanation: 'The appointed person in pursuant to the provisions of Article 60, paragraph 2 of the Law on Civil Servants and State Employees, the mandate ends with dismissal, if he was sentenced to an unconditional prison sentence during the term of his mandate, or if he was convicted of a criminal offense that makes him unfit to perform duties in a state body'... which it is not the case in this case," the lawsuit states.
Kurti also refers to the position of the Agency on the protection of personal data, after the supervision has been completed - that the legal consequences of the conviction no longer last, which is one of the legally prescribed conditions for providing information from criminal records...
"This is because the legal consequences of a conviction, which consist in the prohibition of acquiring certain rights, can be prescribed for a maximum of ten years... which period in this particular case could last until September 23, 9, and in view of the fact that data on legal consequences for this natural person were not even entered in the register of criminal records. Therefore, calling the defendant Government of Montenegro for a decision on the dismissal of the plaintiff's previous conviction is without a valid legal basis, because in the case of the above, neither the defendant Government of Montenegro had a reason to request an extract from the criminal records, nor was the Ministry of Justice of Montenegro authorized to submit an extract from the criminal records, and especially with regard to the fact that the prosecutor does not establish an employment relationship with the National Security Agency in order to fulfill the requirements of Article 2019a of the Law on the National Security Agency, thereby committing a significant violation of Article 27, paragraphs 14 and 2 of the Law on Administrative dispute", he states, among other things.
Through his proxy, Kurti notes that the Secretary General of the Government and the President of the Commission for Personnel and Administrative Affairs Dragoljub Nikolic does not implement the Government's Conclusion on his return to work.
On the contrary, he claims, ANB was notified of his return to work on August 2, i.e. the day after he was dismissed again.
"Neither submits the same for execution, so that the prosecutor can continue with the same and in accordance with the judgment of the Administrative Court of Montenegro, nor is the prosecutor, dismissed General Inspector of ANB Artan Kurti, aware of the Conclusion by which he continues his mandate, nor could he be acquainted with the Conclusions of the Government in period while they existed in legal circulation, especially with the fact that the aforementioned Conclusions were submitted to the National Security Agency on August 2, 8, after the prosecutor was dismissed from the position of inspector general, i.e. the Conclusion was not submitted to the National Security Agency immediately on 2024 1, 8, when it was brought," the complaint to the Administrative Court states.
On July 22, 2022, Kurti was appointed Inspector General of the National Security Agency. He was relieved of that duty on November 9, 2023, that is, ten days after the formation of the Government of Milojko Spajić
There is no risk of disclosing confidential information
The lawsuit states that the Government is wrongly referring to legal provisions - that there is a security risk that Kurti would violate the confidentiality of data by continuing his mandate as inspector general.
"The government ignores that a security check for security risk is not carried out for the prosecutor, in accordance with Article 27a paragraph 1 point 3 of the Law on ANB, because with the amendment of Article 40 paragraph 2 of the Law on ANB, the inspector general is equal to the officers of the ANB, regarding with the conditions of appointment and there is no difference, unlike when the prosecutor is appointed, and the only difference is that the inspector general is appointed by the Government, and the Director makes the Decision on the establishment of an employment relationship in the Agency for ANB officials in accordance with Article 28 paragraph 2 of the ANB Act. In addition, the existence of a security risk is determined by a security check carried out by the National Security Agency with the consent of the candidate for employment... and not by the Government, as wrongly referred to in the dismissal decision," the lawsuit says.
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