Former Inspector General of the National Security Agency Artan Kurti he asked the President of the Assembly Andrije Mandić not to allow the urgent procedure to change the Law on ANB, clarifying that the executive power has already twice proposed changing that law in order to prevent his return to the secret service.
Stating the Government's steps, he asked for clarification - what is the urgency of adopting changes to the ANB Act, stressing that Article 151 paragraph 2 of the Rules of Procedure is clear, that in a shortened procedure only a law can be passed that should regulate issues arising from circumstances that could not be predicted.
"The coefficient of the inspector general and the termination of the mandate of the inspector general do not represent reasons for the adoption of a law by abbreviated procedure. First of all, the amendments to Article 40 paragraph 8 of the Law on ANB provide that the special controller has the rights, obligations and salary coefficient of the prime minister's advisor. However, apparently the proposer loses sight of the fact that the rights of the inspector general, that is, the special controller, are not protected in this way, because the coefficient of the adviser to the Prime Minister is lower than the coefficient of the inspector general..." Kurti states in the letter.
He also mentioned that the Inspector General's coefficient cannot be regulated by the Law on ANB, but only by the Law on Salaries of Employees in the Public Sector.
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 Proposal was sent to the Assembly, as explained, for the purpose of establishing a new institute of a special controller instead of the current inspector general.
The Government sent the Proposal a day after the third, meritorious decision of the Administrative Court, which annulled their decision by which Kurti was relieved of his duties as Inspector General of the ANB.
The legal battle between the government and Kurti has been going on since November 9 last year, when the executive power dismissed the ANB inspector general from his duties.
That it will be one of the first moves of the Government Milojko Spajić it was known on October 31, 2023, when the former prime minister Dritan Abazovic performed the handover of duties in the Government building.
Kurti immediately initiated an administrative dispute, and at the same time the Government acted legally - at the end of December 2023, amendments to the Law on ANB were proposed and it was only a targeted amendment to the provision of Article 40 paragraph 2 that a person who has has at least five years of work experience in the security sector.
At the beginning of April 2024, the first of three judgments of the Administrative Court followed, which annulled the Government's decision with the explanation that "the decision on dismissal should contain concrete and clear reasons" and sent the case back for a new procedure...
15 days later, despite the legal understanding of the Administrative Court, the executive authority again passes a decision on the dismissal of Kurti, but this time with the explanation that "the Government did not put faith in the success of the work and the performance of the work tasks of General Inspector Artan Kurti, so in accordance with that, a decision was made on his dismissal".
Then a new general inspector was appointed to Kurti's place Predrag Burić.
A new lawsuit by Kurti followed before the Administrative Court, while the Government responded to the lawsuit on May 28, 2024 in a letter signed by the Secretary General. Dragoljub Nikolic, stated that they requested and received information from the Ministry of Justice as to whether Artan Kurti is in the criminal record.
An extract from the criminal record was submitted to the government from that department, and they stated in their response that Kurti, in addition to not having five years of experience in the security services, also does not meet the requirements stipulated in Article 40 paragraph 2 of the Law on the National Security Agency.
This is why the Agency for the Protection of Personal Data and Free Access to Information reacted, which in a decision dated August 15 prohibited the Ministry of Justice from using the personal data of Artan Kurti from the criminal records...
On June 18, the Administrative Court issued a judgment on the merits, again annulling the Government's decision in a dispute with full jurisdiction, without returning the case for retrial and decision.
For a month and a half, the Government did not comply with the ruling, but that's why on August 1, during two consecutive sessions, they first reinstated Kurti, then promptly dismissed Kurti, and made the opposite decisions for his successor Burić.
That was the reason for Kurti to sue the Government for the third time, and the Administrative Court again on the merits, i.e. in the full jurisdiction dispute, decided on November 21 that "there is no solution to dismissal and that Kurti should continue his mandate"...
On the same day when the judgment was delivered, the Government initiated the procedure for amending the Law on ANB.
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