The former inspector general of the National Security Agency (ANB) Artan Kurti returns to his post today.
The Government officially announced this morning that at the telephone session held on January 12, in accordance with the judgment of the Administrative Court of Montenegro U. no. 5722/24 of 21.11.2024. stated that Kurti, starting from January 13, 2025, continues the mandate of inspector general in ANB.
"In this regard, the Government passed a Decision on the dismissal of the Inspector General of the National Security Agency, Predrag Burić, MSc, and tasked the Acting Director of the National Security Agency with enabling the Inspector General of the National Security Agency to perform duties in accordance with the Law on the National Security Agency, and after obtaining permission to access classified information Namely, the Government instructed the Acting Director of the National Security Agency to submit a request for obtaining permission for access to classified information to the Directorate for the Protection of Secret Information without delay Kurti, Inspector General of the National Security Agency," the Government's announcement reads.
The news reported last night that Kurti is returning to office today.
The legal battle between the Government and Kurti has been going on since November 9, 2023, when the executive power dismissed the ANB inspector general from his duties.
It was known that this would be one of the first moves of the Government of Milojko Spajić as early as October 31, 2023, when former Prime Minister Dritan Abazović handed over his 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 inspector general, Predrag Burić, was appointed to Kurti's place.
This was followed by a new lawsuit by Kurti before the Administrative Court, while the Government, in its response to the lawsuit on May 28, 2024, in a letter signed by Secretary General Dragoljub Nikolić, stated that they had requested and received information from the Ministry of Justice on whether Artan Kurti had a 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 a full jurisdiction dispute, decided on November 21 last year 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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