Strong political will is needed to effectively solve the issue of corruption in Montenegro, there has been no progress in elucidating key affairs, as well as in the area of freedom of expression, while an independent judiciary remains a challenge, according to a new European Commission (EC) report.
In the text presented yesterday in Brussels, it is written that overall progress in the accession negotiations will depend on progress in the area of the rule of law, where, as stated, Montenegro's progress is limited.
Challenges, as assessed, remain, especially regarding the independence, professionalism, efficiency and accountability of the judiciary.
"The decision of the Judicial Council to re-appoint seven presidents of the courts, including the President of the Supreme Court, for at least a third term, raises serious concerns about the interpretation of the proposal of the Judicial Council and the constitutional and legal framework, which limits these appointments to a maximum of two terms in order to prevent excessive concentration of power in the judiciary", pointed out from the EC and recalled the statement of the Deputy Prime Minister Zoran Pažin, who proposed that those who were so elected resign.
This, as pointed out, is not in accordance with the GRECO recommendations on the independence of the judiciary, which Montenegro is expected to comply with, in order not to nullify earlier achievements in judicial reform.
They also add that the professional capacity of the members of the Judicial and Prosecutorial Council is causing concern.
The executive director of the Politikon network, Jovana Marović, told "Vijesti" that the grades in the EC report were expected taking into account the situation in the country, as well as the fact that during 2020 the reforms were "on hold".
"It was pointed out the limited progress where there was, and the big problems that everyone who has been following the reform processes in Montenegro for years have been pointing out, which relate to the work of institutions, especially the judiciary, transparency and accountability. The key issues, therefore, remain the same. In the report this year, as in every report since its outbreak, the "Snimak affair" appears and the absence of an adequate epilogue, and I think that this best shows how seriously the institutions approach the evaluations and recommendations of the EC," said Marović.
The same applies, she added, to the work of the Agency for the Prevention of Corruption (ASK), where only the leadership was replaced, and the work patterns were maintained: poor prioritization and selective approach.
"The tone of the report is not encouraging, especially for a country that has entered the ninth year of negotiations with the European Union. In the part related to the fight against corruption, it is enough to look at the key priorities/recommendations related to the integrity, impartiality and responsibility of KAS, ensuring measurable results in prevention and repression, defining a better framework for conducting financial investigations, and it is clear that they are the same as well as when we started the negotiation process, regardless of the fact that the institutional framework was changed. Finally, the EC points to the significant role of parliament and consensus, in order to demonstrate determination in implementing the most demanding reforms. Until now, we haven't had that in practice," said Marović.
Member of the European Parliament Tomas Weiss (Greens of Europe) tells "Vijesti" that the key problems that Montenegro must solve are an independent judiciary and the rule of law.
He said that these problems were exacerbated by the parliamentary deadlock and the unsecured majority for the election of key positions in the judiciary.
When asked whether the new government will manage to solve these problems, Weiss answered "that the new government will have to solve these problems".
He says that it is crucial to establish cooperation in the parliament, including with Milo Đukanović's DPS, in order to secure the necessary majority for key appointments.
"This is not the time for fights, but for the country to move forward," said Weiss.
The Institute of Alternatives announced that the new EC report shows that Montenegro continued with mediocre results in the process of European integration.
"Neither this year nor last year did we get any excellent grades, but we didn't get any 'regressive' grades, which means no fives and no ones." The lack of fives also explains the slowness in closing chapters," said IA.
They add that the average rating for Montenegro is 3,18, which is slightly better than last year when the total rating for all chapters was 3,06.
"However, this is the rating that Montenegro had in 2016, so that after four years it has only returned to the level it was at, from which it fell by one step every year. The rating of 3,18 is the maximum that Montenegro has ever achieved since this scoring system was introduced", the IA stated.
They add that chapter 14, "Traffic Policy", was rated the worst of all, while when it comes to chapters related to the rule of law, chapter 23 records a noticeably worse situation than 24.
ASK and the problem with priorities
The report states that Montenegro is moderately prepared in the fight against organized crime.
Limited progress has been made in relation to last year's recommendations, which are only partially addressed in relation to past results in the area of repression and prevention of corruption and the new institutional framework for the Asset Recovery Office.
"For the Agency for the Prevention of Corruption (ASK), with the newly appointed leadership, there are still challenges related to its independence, setting priorities, selective approach and quality of decisions. The agency has yet to demonstrate a proactive approach in all areas under its jurisdiction, including whistleblower protection, control of political party and election campaign financing, and lobbying oversight. The record on confiscation and confiscation of property acquired through crime needs to be further improved", the EC states.
They add that a strong political will is needed to effectively solve the corruption problem, as well as a strong judicial response to high-level corruption.
"Montenegro must address some basic and systemic deficiencies in its criminal justice system, including the way in which organized crime cases are handled in the courts," is one of the recommendations from the report.
It is also pointed out the problem of cigarette smuggling and that the number of initiated cases is still insufficient, considering the estimated scope of tobacco smuggling from Montenegro, to Montenegro and through it.
The police force demands investigations
In the field of fundamental rights, Montenegro has achieved some progress. Parliament adopted the law on life partnership of same-sex couples, and the capacity of human rights institutions and the Ministry of Human and Minority Rights was strengthened, and trust in the Ombudsman's office was strengthened.
"However, important challenges remain in ensuring the effective implementation of national human rights legislation.
Reports of excessive police force and allegations of torture require swift and effective investigations. Ethnically and religiously motivated attacks in the context of the August 2020 elections are of serious concern. Further efforts are needed to integrate human rights into all areas of work, public policies and sectors. "Vulnerable groups, including Roma and Egyptians, and people with disabilities continue to face multiple types of discrimination and difficulties in enforcing their rights in administrative and judicial procedures," the EC said.
Freedom of expression further violated
During the reporting period, Montenegro did not make progress in terms of freedom of expression. Although progress has been made in media legislation, it has been overshadowed by arrests and proceedings against editors of online portals and citizens for content they published or shared online during 2020.
Important old cases of attacks on journalists remain unsolved, including the murder of the editor-in-chief of the daily newspaper "Dan" in 2004 and a serious attack on investigative journalist Olivera Lakić.
"Concerns still remain about the editorial independence and professional standards of the national public broadcaster RTCG. The media scene is still highly polarized, and self-regulation mechanisms are still weak. The growing scope of disinformation further polarized society after the adoption of the Law on Freedom of Religion and during the election campaign," the report says.
Show commitment to reforms
In the section on elections, it is stated that tensions and mistrust among political actors were high on the eve of the elections, and they were conducted in mostly unchanged election conditions.
"No political party boycotted the elections. According to the preliminary assessment of the OSCE/ODIHR, the elections in Montenegro were competitive and were held in an environment that is polarized around the issue of church and national identity. The campaign was peaceful despite frequent confrontational tones. The participants were able to convey their messages, but the ruling party gained an excessive advantage by abusing state resources and dominating media reporting," the report says.
The new parliament should strive to, as it is added, find a broad inter-party and social consensus and demonstrate in practice a commitment to reforms, which is crucial for the country's progress on the road to the EU, as well as engage in a transparent, decisive and inclusive dialogue on the implementation of recommendations OSCE/ODIHR.
It is recalled that the political scene before the elections was fragmented, polarized and marked by a lack of genuine political dialogue, but the outcome of the parliamentary elections "paves the way for the return of political discussion to the Assembly".
"Active and constructive participation of all parties is needed to improve parliamentary accountability, executive oversight, democratic oversight, better quality of legislation and enable key appointments. In 2019 and the first half of 2020, the parliament could not secure a two-thirds majority for important judicial appointments, and therefore the key functions of the judicial system are performed on an acting basis. The mandate of the Supreme State Prosecutor expired in October 2019 and his successor has not yet been appointed," the EC reminds.
They also care about apartments
As for governance, there is, as the EC said, a need to strengthen transparency, stakeholder participation and the government's ability to implement reforms.
"Monitoring the quality of strategic documents by the Government General Secretariat has become structured and systematic. The government's policy of granting housing or state-financed loans on favorable terms has raised concerns about the effectiveness of the national system of checks and balances. Stakeholder participation in the accession and legislative process remains to be improved," the report pointed out.
Montenegro is, as stated, moderately ready for public administration reform.
The granting of passports will be carefully monitored
As for the economic criteria, Montenegro has made some progress and is moderately prepared for the development of a functional market economy. Due to lower investment growth, the economy slowed down in 2019, and exports, especially services, grew, but not enough to curb the large current account deficit.
"The stability of the financial sector has been strengthened after the bankruptcy and resolution of two local banks and the strengthening of the bank supervision framework. "Labor market conditions have improved, but the unemployment rate remains high, especially among women, young people, Roma and low-skilled people," the report says.
It is indicated that the measures to combat the informal economy have been delayed and there is a very large number of companies with blocked bank accounts.
"State-owned companies are not competitive and their losses are transferred to the state. The institutional capacities of the Agency for the Protection of Competition are still weak," the report says.
It is also indicated that the economic citizenship program will be carefully monitored by the EC, due to the risk of money laundering, tax evasion, financing of terrorism, corruption and organized crime.
Popa: The new parliament to affirm a broad cross-party consensus
The head of the EU Delegation in Montenegro, Oana Kristina Popa, appealed to political and social actors in Montenegro to cooperate with the EU in order to speed up political and economic reforms.
After presenting the Progress Report of Montenegro, she said that Montenegro has done important work preparing for the implementation of the acquis in most areas: "Now, Montenegro should focus especially on competitiveness policy, economic and monetary policy, statistics and financial control , and especially on the functioning of the judiciary and freedom of expression".
Stating that in the report, when it comes to the political criteria for accession, a lack of dialogue and mistrust among political actors is recognized, Popa emphasized that now is the time for the new parliament to affirm a broad inter-party consensus and demonstrate in practice its commitment to the European reform agenda of Montenegro.
She pointed out that for many years no progress has been registered in the area of freedom of expression.
Answering the journalist's question - why the report did not note that church dignitaries said they were part of the political process, Popa replied that the regulation of religious communities in Montenegro is a national competence and that the EU should not intervene. She pointed out that the issue of religious communities should be regulated in an inclusive manner and bring together all actors.
Drljević expects that Montenegro will enter the EU by 2025
Chief negotiator Aleksandar Drljević said that they are aware of certain weaknesses in the system that need to be removed as soon as possible in order for Montenegro to resolutely continue with the successful management of the negotiation process.
He pointed out that they expect the formation of a new government, which, he is convinced, will continue the pro-European course with the aspiration to achieve Montenegro as the first next member of the EU, guided primarily by the best interests of our citizens.
For success in this process, the new government and the new convocation of the Assembly, as he pointed out, are expected to demonstrate determination and commitment to the EU accession agenda.
"For this, further dialogue on the improvement of electoral legislation is primarily necessary, as well as the creation of conditions for filling leading positions in the Prosecutor's Office and the judiciary, which is a prerequisite for our further progress in the integration process," said Drljević.
From the Civic Movement URA, they announced that several reports from the Brussels address already show the stagnation of Montenegro in European integration and that this is one of the indicators of bad and wasted policy that DPS personified. Marija Radinović, vice-president of the Podgorica committee of the SNP, said that we have had a collapsed judicial system for decades, and this is best seen in recent years through the attitude of its leaders towards respect for the Constitution and laws of Montenegro.
Varhelji on Friday with the leaders of the new majority
EU Commissioner for Neighborhood Policy and Enlargement Negotiations Oliver Varhelji said that during his visit to Montenegro on Friday, he will pay special attention to the rule of law and media freedom.
At the press conference in Brussels, which is broadcast live by the EU info center, he said that he hopes to meet with the leaders of the newly formed majority that should form the government, in response to a journalist's question.
"First I will meet with the presidents, but I would like to hear the opinion of all of them in Montenegro," said Varhelji.
He pointed out that he will also talk with the representatives of the Government, which is still in operation, to discuss the issues of the rule of law and freedom of the media.
Yesterday, the European Commission adopted a comprehensive economic and investment plan for the Western Balkans.
It is proposed to mobilize up to nine billion EUR of IPA III funds for the period from next year to 2027 to support the economic rapprochement of the EU, primarily through investments and support for competitiveness and inclusive growth, sustainable connectivity and green and digital transition.
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