Ćalović Marković did not break the law, she can report to ASK again

In the ruling of the Administrative Court, it is written that the director of MANS did not violate the Law on Prevention of Corruption, as claimed by the ASK, and whose decision was the basis for the Assembly to dismiss Ćalović Marković
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Milašinović signed the decision: With director Radonjić, Photo: Luka Zeković
Milašinović signed the decision: With director Radonjić, Photo: Luka Zeković
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.
Ažurirano: 27.03.2019. 14:49h

The director of the Network for the Affirmation of the Non-Governmental Sector (MANS), Vanja Ćalović Marković, will again apply for the position of a member of the Council of the Agency for the Prevention of Corruption (ASK) after it was confirmed by the court that she did not subordinate the public interest to the private one, as claimed by the Agency headed by the retired police officer Sreten Radonjić .

In the ruling of the Administrative Court, it is written that the director of MANS did not violate the Law on Prevention of Corruption, as claimed by the KAS, whose decision was the basis for the Assembly to dismiss Ćalović Marković. That procedure, which was legally disputed, is the subject of other court proceedings.

The procedure for the selection of the new composition of the Council of the Agency, and then its director, was initiated yesterday at the Parliamentary Anti-corruption Committee because the mandate of the current leadership of ASK expires this year.

Ćalović Marković told "Vijesta" yesterday that the ruling of the Administrative Court is also a sufficient procedural basis for her to reapply as a member of the Council of the Agency for the Prevention of Corruption, because the law specifies that someone who has violated that law cannot be re-elected as a member of the Council:

"In this case, I received a court verdict that shows that I did not violate that law, but it clearly confirmed what I said from the very beginning - that it was a classic political procedure in which the director of the ASK with the support of the DPS- and he did everything to eliminate me from the Council of that Agency, so that I would not ask questions about the financing of that party and the enrichment of its officials".

Ćalović Marković assessed that this is exactly the reason and motive for, despite everything, to apply again for the vacancy for a member of the KAS Council. "I can't wait to see how the 'single-minded' DPS parliament will reject me or painfully accept to correct its previous decision, by re-appointing me to the ASK Council," she said.

The Parliamentary Anti-corruption Committee yesterday made a decision to start the procedure for the election of five members of the Commission, which should carry out the procedure for the election of members of the KAS Council.

Deputy President of the Board Željko Aprcović said that the mandates of the current members of the Council expire on June 26, and the Board is obliged to announce a public call for the appointment of the Commission three months before the expiration date. It will be done today.

The commission, which will carry out the procedure for electing members of the KAS Council, has five members and will consist of one representative of the position and the opposition, the NGO sector, and from the ranks of the judicial and prosecutorial councils.

The ASK Council has five members, who are elected for a period of four years. A member of the Council can serve a maximum of two mandates.

Board member Daliborka Pejović (DPS) assessed that this time they should take into account that if they have the "luxury" and range of offers in terms of personnel, they choose people who have proven themselves in their professional and professional engagement, as people who are recognizable by their activities in the fight against corruption.

"I think it is important, especially from the point of view of non-governmental organizations that currently participate in the work of working groups, in connection with the process of adopting new electoral legislation," said Pejović.

She assessed that in the coming period, the agenda of the board should also include the issue of two-tieredness and the possible expansion of the competence of the ASK Council: "So that it would not happen to us that the decisions of the Assembly, not only on these occasions but also in some other similar cases, do not be the subject of judicial considerations... where the Assembly appears and is treated as a party to the proceedings, and not as a legislative body that has the right to make political decisions".

Obrad Stanišić (DPS) assessed that the Law on the Prevention of Corruption has a lot of shortcomings, and that, together with the opposition, when it returns to the parliament, it should be amended, "in order to reach a better solution". Opposition MPs did not participate in the work of the Committee.

Stanišić: Radonjić showed strength and will

While part of the public disputes the professional work of ASK director Sreten Radonjić, and citizens demand his resignation at protests because of this, DPS deputy Obrad Stanišić has only words of praise.

He said yesterday that the ASK has produced results in its short term of office since January 1, 2016, when it was formed. "In a short time, the management, led by the director, showed the strength and will to be able to deal with problems and what is regulated by law," Stanišić said.

At the beginning of April, the anti-corruption committee will consider last year's report on the work of the ASK. The work of ASK in previous years has been highly problematic due to selective work, which was confirmed by the latest decision to punish DPS for an illegal donation from Duško Knežević.

EU project in the public interest, ASK told lies "about the conflict"

In the judgment of the Administrative Court, it is stated that there is no evidence that the ASK cited as reasons in the decision on the conflict of interest of the director of MANS. This means that she did not subordinate the public interest to the private one, that based on the project of the NGO MANS from December 4, 2015 with the EU Delegation, she did not have a higher income, and that it was carried out in the public interest.

From the project, as stated in the verdict, "as well as from the concluded contract with the EU Delegation, the existence of any private interest does not arise." The panel of judge Vojin Lazović found that the claims of ASK that Ćalović Marković decided on the complaints of her NGO at the sessions of the Council are not valid, because there is no evidence for this and there was no such case.

The director of MANS sued the state for illegal removal from the Council of the KAS and requested the annulment of the Assembly's decision. The Agency for the Prevention of Corruption, headed by Sreten Radonjić, determined that the director of MANS as a member of the Council had violated the law, and the Assembly then dismissed her. The Administrative Court annulled the decision of the KAS, but that institution made the same decision again.

The decision of the ASK was signed by Savo Milašinović, Radonjić's deputy.

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