The government is obliged to act on the merits of the legally binding judgment of the Administrative Court, that of the Inspector General Artan Kurti return to the workplace and act in everything as in the case of the now former director of the Police Administration Zoran Brđanin, because these are identical situations.
This is what the former judge and president of the Constitutional Court told Vijesti Milorad Mićo Gogić, adding that repeated amendments to the Law on the National Security Agency collapse the principle of the rule of law, legality, but also the principle of legal certainty.
Commenting on the last decision of the Administrative Court, which annulled the Government's decision on the dismissal of Kurti from the position of General Inspector of the ANB, but also the fact that a day later the Government submitted a Proposal for amendments to the Law on the ANB, with the aim, as explained, of establishing a new of the institute of the special controller instead of the former general inspector, the current adviser to the President of the Assembly Andrije Mandić said:
"The Administrative Court of Montenegro ruled again in the dispute of full jurisdiction, as well as in the previous judgment U. no. 3752/24 of June 18, 6. In this judgment, the Administrative Court clearly indicated that the defendant Government of Montenegro did not act at all according to the previous judgment, not only in the part of executing the final judgment, but also in everything to act according to the legal understanding and remarks of the court stated in the same judgment. Therefore, as the defendant Government did not act according to the conclusion reached, which established the continuation of the mandate of the Inspector General, it did not act according to the legal understanding expressed in the judgment U. no. 2024/3752 of 24. year", said Gogić in response to Vijesti's questions.
He pointed out that the Administrative Court pointed to the judgment of the European Court of Human Rights "Mijanović v. Montenegro", to the obligation of the state to organize a system of execution of court decisions that is effective in law and in practice.
"Therefore, in my opinion, the Government of Montenegro is obliged to act on the merits of the legally binding judgment of the Administrative Court of Montenegro and to return Inspector General Artan Kurti to his post and act in everything as in the case of the former director of the Police Administration, Zoran Brđanin, because these are identical situations. In this regard, I would like to point out that the repeated amendments to the Law on ANB for the sake of an individual (ad personam), and not for the general and public interest, collapse the principle of the rule of law, legality, and ultimately the principle of legal certainty, especially due to the fact that Art. 147 of the Constitution of Montenegro stipulates that the law and other regulations do not have retroactive effect", said the adviser to the President of the Assembly.
On December 13, the executive power proposed the adoption of changes to the Law on ANB under an urgent procedure, explaining that the Institute of the Inspector General failed "to meet the needs of effective control of the body responsible for national security affairs."
The Government sent the Proposal a day after the third decision of the Administrative Court to cancel their decision by which Kurti was dismissed and the case was sent back for retrial.
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