The government withdrew from the parliamentary procedure a set of changes to the law that planned the gradual abolition of percentage budget allocations to certain institutions, due to the strong reaction of the public, but also the fact that this package of laws is in conflict with Montenegro's obligations in the negotiation process with the European Union (EU).
This was announced to "Vijesti" last night by a deputy of the Socialist People's Party (SNP). Danijela Đurović, after the executive branch announced that they were temporarily abandoning four proposals for changes to the law - on culture, financing of political parties, the Center for Training in the Judiciary and Prosecutor's Office and the Prevention of Corruption, by which they announced the abolition of the previous method of financing for several public institutions and the non-governmental sector.
The Ministry of Finance and Social Welfare claim that this was done due to additional consultations with those directly affected by these proposals, but they say that there was no consultation at all and that the proposals were adopted by the Government without their knowledge.
Đurović pointed out that the reaction of institutions, political parties and the civil sector was the reason for withdrawing the proposed law: "So the Government and the Ministry of Finance realized that they had made a mistake".
She emphasized that before sending the set of draft laws to the parliament, the government had to carry out broad consultations - primarily within the framework of the parliamentary majority.
"Consultations would help to improve the overall social and political environment in the country. It is completely incomprehensible how changes can be made without consultation. It is also unacceptable that the parliamentary majority does not participate in the drafting of the budget. That's why it seems quite frivolous when the government withdraws a set of acts that it sent to the parliament the day before," says Đurović.
The government's set of bills, as stated in the proposal of the Fiscal Strategy, included the Ministry of Culture, the Capital of Cetinje, the Center for Training in the Judiciary and Prosecution, non-governmental organizations, political parties, the Agency for the Prevention of Corruption (ASK), the media fund, the Public Service RTCG, diaspora, funds for minorities, women's organizations in political parties in state and local parliaments.
No one is deprived
"The Ministry will conduct additional consultations with consumer units that are subject to changes in the law, which is why the first set of these draft laws will be temporarily withdrawn from the parliamentary procedure, in order to provide additional explanations regarding their application, as well as to ensure that this does not jeopardize the independence of the institutions. nor their financial independence, but on the contrary", said the department headed by the minister Milojko Spajic.
They said that the budget proposal for 2022 did not deprive anyone of the money that was allocated on the basis of percentages, but that the same or higher amount than the legally prescribed level was determined.
In addition, based on the best international practice for budget planning and the principle of non-selectivity, when it comes to the distribution of money from public sources, changes have been made to certain laws that prescribe budget allocations at the level of percentage participation in budget spending. The message from this department is that the quality of the proposed programs should determine the amount of money.
"The application of the program budget, which brings greater transparency, better control of spending money, improvement of the budget planning process and the efficiency of spending... is also one of the requirements from the European integration process in the part of public finance management," the Ministry of Finance told "Vijesta".
Concerns of the EU Delegation
Criticism, however, came yesterday from the EU Delegation in Podgorica, of which he is the head Christina Oana Popa.
The Delegation told "Vijesti" that the EU is concerned about the Government's intention to abolish the legal minimum for financing KAS.
"Efficient functioning of KAS is crucial for Montenegro's progress in Chapter 23 and the overall path to EU accession. Therefore, all amendments to the Law on Prevention of Corruption should respect protective measures that guarantee the functional, operational and financial independence of the Agency", said the Delegation.
On November 1, the Parliamentary Committee for Economy determined the budget proposal for KAS for the following year, which was then submitted to the Government.
Director of the Agency Jelena Perović she told "Vijesti" that the Government did not contact that institution in any way, nor did it explain the proposal to amend the law.
"There were indications that the Government intended to influence the work and try to threaten the law-based financial, and with it, the functional, operational and personnel independence of the KAS, as an institution that exercises a form of control of the executive power. However, the Agency believed in the proclaimed commitment of the Government to European integration, not expecting a procedure that undermines international standards in the fight against corruption," said Perović.
The Agency noted that more than 15 years ago, Montenegro ratified the UN Convention against Corruption, which clearly states the obligation of each contracting state to provide at least one body for the prevention of corruption and their necessary independence, so that they can perform their functions effectively and without any undue influence. They characterized the Government's proposal as an open attack on the Agency's independence.
The Ministry of Finance claims that "it is absolutely false that the independence of the Agency or any other spending unit is threatened/violated by the proposal".
The Ministry of Education, Science, Culture and Sports told "Vijesta" that no one consulted them regarding the abolition of the mandatory percentage in the budget for financing culture.
Harsh criticism also came from the NGO sector, from where they also claim that no one consulted them.
The Center for Civic Education (CGO) emphasized that they are concerned about the abolition of percentage allocations, especially since, as the legal adviser announced, Snezana Kaluđerović there were no prior consultations with interested parties. CGO's position regarding the abolition of guaranteed percentages is that "the Government is showing a form of revanchism towards all those who are not to its liking". President of the Board of Directors of the NGO Institute of Alternatives Stevo Muk he pointed to a "serious shortcoming" in the legislative process leading to the adoption of the bill.
"The valid provisions of the regulations governing the public, the participation of interested institutions and organizations have been neglected in the process of adopting bills on very important issues, and such negative practice is particularly worrying because bills on sensitive institutions and sectors in a democratic society have been adopted or are planned to be adopted , such as the Agency for the Prevention of Corruption, public service - RTCG, funds for media and non-governmental organizations and others", said Muk. Even before the Government's decision, he called on the executive to abandon the proposal.
Hasty decision
Acting Director of the Administration for Cooperation with Diaspora-Expatriates Seid Hadzic he said that he was surprised by the Government's decision to cancel the mandatory budgetary allocation of money for cooperation with the diaspora, and that he thought that the Administration was "collateral to the announced measures".
He announced that in the coming days he will talk with the most responsible members of the Government and that he does not understand this measure as "a direct attack on the diaspora, but as a hasty and insufficiently prepared decision".
Hadžić said that the Administration was not informed about it, nor were they consulted, but that they were informed about everything through the media.
"As much as I understood in the communication with the Minister of Foreign Affairs Đorđe Radulović and colleagues from the Ministry of Foreign Policy, that they were neither consulted nor informed about the announced measures. Which is very wrong, and such a way of communication will not lead to improvement in any field, without entering into the intentions of the decision maker", Hadžić points out, adding that the Management's recommendation was to increase its money.
From the Party of Justice and Reconciliation (SPP) in Montenegro, they announced that for them the proposal to abolish the mandatory allocation of budget funds for cooperation with the diaspora is absolutely unacceptable.
"Although the budget proposal increased the amount of money for cooperation with the diaspora by almost 100.000 euros, which certainly reflects the intention to make a step in that direction, the repeal of the legal provision does not support the strengthening of cooperation and trust with the diaspora because it opens up space for manipulations", they point out from of SPP.
That party states that Montenegro must find a way to institutionally provide the diaspora with a permanent presence in the creation of Montenegrin society.
"One of the ways is to increase the legally determined budget funds that will improve the work of our associations and associations around the world, which will be our request that we will send to the parliamentary procedure," SPP said.
It will inform the EC about the Government's relationship with NGOs
"We consider the government's plan to abolish the percentage allocation for NGO projects and programs to be extremely bad, and the defined percentage means that the authorities are ready to invest in the implementation of their own public policies," the executive director of the Center for the Development of Non-Governmental Organizations (CRNVO) told "Vijesti". Zorana Marković.
She pointed out that the fact that none of the NGOs were consulted during the planning of the abolition of percentage budget issuances is of particular concern.
"We have not had this kind of practice in the previous 15 years, and we can say that it is a precedent. This is going back not only a year, but almost two decades when it comes to the relations between the Government and NGOs", said Marković, adding that all previous governments, when public policies related to NGOs, at least informed the organization itself about it. moves.
CRNVO announced that they will inform international partners, including the European Commission, about the "extremely negative attitude of the Government" and the exclusion of the sector from the consultation process.
"We understand that this government has much more understanding for traditional organizations, such as religious ones, but retrograde policies in relation to the non-governmental sector mean the disruption of the democratic development of our society," said Marković.
Violation of independence
The proposal for amendments to the Law on the Center for Training in the Judiciary and the State Prosecutor's Office contradicts international and European standards when it comes to an institution whose competence is training in the judiciary, and its entry into force would violate the principle of autonomy and independence of that institution in the function of the judiciary, making it impossible planning the implementation of all activities, as well as staffing.
This was announced to "Vijesta" yesterday by the Center for Training in the Judiciary and the State Prosecutor's Office, claiming that they came to the changes in the law by looking at the Government's website and that the Ministry of Finance proposed the act to the Government without prior consultation with them.
"The proposed amendment threatens the independence and self-sustainability of the Center for Training in the Judiciary and the State Prosecutor's Office as the only institution in Montenegro responsible for training in the judiciary, whose law is based on international and European standards and principles that guarantee functional, institutional and financial independence and sustainability Center. One of the reasons for passing the law that gave the Center the status of an independent organization with the status of a legal entity was that the institution that organizes and conducts training in the judiciary becomes independent and financially self-sustainable, which was also a prerequisite
The action plan for Negotiating Chapter 23 - Judiciary and fundamental rights, as a key strategic and reform document whose fulfillment of measures is necessary on Montenegro's European path", the Center announced.
They state that in the Progress Report of Montenegro for 2014, recommendations were made to strengthen the Center's independence, as well as its institutional and financial capacities.
"Also, in all annual progress reports for Montenegro, the European Commission emphasizes the importance of providing financial resources for the independence of the Center, i.e. of its autonomous and self-sustaining functioning", the institution explains.
Disgusting announcements and personal moves by Spajić
The PzP and BS called "Vijesti" the intention to cancel the guaranteed money for the parties "an extremely disgusting and personal move by the minister, and not a consensus of the parties". They pointed out that they were not consulted regarding the changes to the law and that they do not support the proposal.
PzP MP Branko Radulović assessed that the line ministry's plan to gradually abolish fixed budget allocations is an "extremely disgusting announcement".
He asked how the money would be distributed and what effects it would have.
"If there is a social consensus that parties, the Government and other institutions work on a voluntary basis - we accept that option as well. However, we do not agree to blackmail, unilateral moves and nonsense of the Ministry of Finance. Montenegrin parties stand out the least in Europe," said Radulović.
He claims that the budget proposal was adopted unilaterally, without consultation with MPs, thus repeating last year's scenario.
"We are once again in a 'take it or leave it' situation, which this time will not pass. The budget proposal represents demagoguery because it offers a baseless salary increase for some, while forgetting some others. I call on Spajić to withdraw the proposal", said the PzP deputy.
The Bosniak Party (BS) announced that the announcement of the cancellation of party allocations is another in a series of moves by the new government that was not adequately prepared and is more a matter of the minister's personal assessment, and not part of a broad consensus of the parties.
"No one talked to us about this topic. We believe that colleagues from other parties think the same. It is particularly interesting how the relevant minister will evaluate the party's programs, according to which criteria? Who is responsible for declaring party programs to be of high quality? We are sure that these proposals are not well thought out, that they are one-sided and that they will not receive the support of the public and MPs", emphasized BS.
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