EC report: Judiciary remains vulnerable, lacks crime fighters

Montenegrin judiciary and prosecutor's office are still perceived as vulnerable to political pressure, and the key fighters against organized crime and corruption do not have enough people or working conditions.

These are some of the key findings from the European Commission (EC) report for Montenegro, which was presented yesterday in Brussels.

"Montenegro has made good progress in judicial reform, the fight against corruption, freedom of expression and the media, but its institutions are fragile and vulnerable to political crises and potential institutional blockages," the report says.

It is stated that the legal framework for the conduct of elections requires a comprehensive revision, although the conduct of the elections is mostly satisfactory, and as challenges are highlighted, among other things, renewed tensions and inter-ethnic polarization, disagreements within the Government, strengthening the efficiency and independence of the judiciary.

In 2008, Montenegro applied for candidate status for full EU membership. It received it in 2010, and accession negotiations began in 2012. In the negotiations, it opened all chapters (33), and temporarily closed only three. After receiving the Report on the Assessment of the Fulfillment of Temporary Benchmarks in Chapters 23 and 24 (IBAR), it is expected that Montenegro can close several chapters by the end of the year,

Civic activist Dina Bajramspahić points out that the average grade in the report for Montenegro is 3,21 and is significantly better than last year when it was 3,12, but it is not such a huge leap compared to 2016 and 2020 when the average grade was 3,18.

She stated that "significant progress" was noted in two chapters, "good progress" in six, "limited progress" in 22, while three chapters were "without progress".

"It can be stated that only this year the 'European path' has been returned to the central track since the changes of 2020 and that the state administration has begun to devote itself to what is proclaimed as a state priority. In this sense, optimism should be supported and all social capacities should be harnessed to work towards a common goal, especially bearing in mind the almost impossible race against time ahead," said Bajramspahić to "Vijesta".

However, as she added, the progress is not as impressive as it is trying to be and that there is room for much greater work and results.

"This is proven by the fact that seven chapters have decreased by half a grade or a whole grade compared to last year, while even two-thirds of the chapters, 22 out of 33, have a grade three, 'limited progress', which is far from desirable and must be improved. "Unfortunately, four chapters spoiled the ratings compared to 2023," she stated.

The three chapters that received twos ("no progress" grade), lowering them from threes: are chapter 6 "Commercial law", chapter 8 "Competition", chapter 21 "Trans-European networks" and are the only ones that have twos out of a total of 33 chapters, making them the worst in the entire report.

Bajramspahić notes that last year Montenegro had no doubles.

The fourth chapter that he says dropped his rating is chapter 14, "Traffic Policy," which dropped the four to a "weak" three.

However, he points out a jump in two chapters, namely those that are candidates for closing in December, 7, "Intellectual property law" and 10, "Information society and media", which raised their rating from three to even five.

"These are the only chapters that have a five (grade "significant progress"), which is very important for negotiations, it is a jump of two grades, which is very rare, and it increased the average," said Bajramspahić.

According to her, the fact that the highest number of chapters, 13, kept exactly the same rating as last year shows that the previous year could have been better.

In addition, seven chapters took half a step forward (from weaker to stronger three), and three chapters took half a step back (from stronger to weaker three).

"Compared to last year, grades improved in only six out of 33 chapters. These are also chapters 23 and 24, which is completely expected because the grades from the IBAR report were retained, which had to be better than last year. However, regardless of receiving IBAR and better grades, this report emphasizes that last year's recommendations for these two chapters were only partially fulfilled, so they were repeated in this one, which means that the institutions still have the same unfinished obligations,'' said Bajramspahić.

Chapter 20, “Industrial Policies and Entrepreneurship,” the third candidate for closure, was upgraded from a three to a four.

With that, as she assessed, the ground for December was prepared and possible complications for the closure can only be based on the authorities' misdemeanors on other issues, not these four chapters that ended with good grades.

The Ambassador of the European Union (EU) in Montenegro, Johan Satler, said that Montenegro has strengthened its position as a leader in the EU and a leader in European integration.

At the presentation of the EC report at the European House in Podgorica, he said that the obtained IBAR was the result of the Government's efforts, but it would not have been achieved without the constructive role of the opposition.

"Now we need to move on to the final benchmarks, where continuous work is needed," Satler pointed out.

Prime Minister Milojko Spajić said that he will not allow anyone to threaten Montenegro's path to the EU and that the current Government and Parliament have a chance for eternity - to bring the country into the EU.

"The four chapters should be closed at the intergovernmental conference in December," Spajić said.

He said that, among other things, the state has improved the state of readiness in five chapters and that additional steps should be taken for good relations with Croatia.

Mild sanctions for breaking the code, dismissals rare

In the Report, in the part related to the judiciary, it is recalled that after years of stagnation, the Assembly by a qualified majority appointed a new permanent Supreme State Prosecutor (VDT), three members of the Judicial Council and one judge of the Constitutional Court, and only the appointment of the permanent President of the Supreme Court remains.

"However, the appointment of a permanent president of the Supreme Court has failed eight times and is still pending. A new appointment procedure is currently being implemented," it said.

The report points out that the promotion and implementation of ethics and standards of professional behavior of judges and prosecutors, as well as the application of disciplinary rules and ethical norms for judges and prosecutors, remain a challenge.

It is recommended that the Judicial and Prosecutorial Council must improve practice and proactivity, since disciplinary proceedings, when established, usually result in relatively mild sanctions and dismissals are still rare.

The Ethics Commission of the Judicial Council did not perform its duties between August 2022 and March 2024, and in 2023 no violations of the code were found.

"There has been no progress in the implementation of ethical codes for notaries, public bailiffs and court interpreters, and there is no ethical code for lawyers either. The Ministry of Justice established a special Directorate for judicial supervision and increased the number of officers (general director and eight judicial inspectors). The positions of three judicial inspectors remain unfilled," the EC indicates.

The EC says that the situation in the judiciary needs to be improved, above all quality and efficiency.

It is recalled that a significant number of positions remain unfilled, namely 17,6 percent of judge positions and 39,7 percent of prosecutor positions.

It is also pointed out that there is a significant number of cases that are waiting to be resolved in the courts.

At the end of 2023, it is added, the number of cases older than 3 years increased by 20 percent. The average time for resolving cases in 2023 increased to 309 days (2022 days in 238).

"The fact that the time for handling cases in the Administrative Court has additionally increased to 1.411 days (in 2022 it was 1.158) is of particular concern. The case resolution rate in 2023 remained at 82,49 percent. The judicial system suffers from insufficient human resources and courtrooms," the EC stated.

The Commission for Justice of the Council of Europe (CEPEJ) recently warned about the increased number of backlog cases and the increase in time for their resolution.

Improve proactive investigation and prosecution of war crimes

The EC says that Montenegro's results in solving war crimes must be improved by applying a proactive approach for effective investigation, prosecution, trial and punishment of war crimes in accordance with international law and standards, including full cooperation with the International Residual Mechanism and ensuring access to justice and reparations for victims. .

It is recalled that in June 2024, the Supreme State Prosecutor's Office adopted a new War Crimes Investigation Strategy for the period 2024-2027, but in order to ensure effective implementation, Montenegro needs to improve proactive investigation and prosecution of war crimes, in accordance with international humanitarian by right.

It is recalled that the Special State Prosecutor's Office (SDT) is currently investigating 12 cases. In June 2024, the SDT launched an investigation against the former chief special prosecutor (Milivoje Katnić) for alleged war crimes against civilians during the XNUMXs war in Croatia, the report says.

"In 2023, 10 requests for legal aid were received (five from Bosnia and Herzegovina, three from Serbia, one from Kosovo and one from Croatia). Answers have been provided to eight requests, while the process is ongoing for two cases", it is stated.

Address the issues of the possible entry of the mafia into the system

The key fighters against organized crime, the Special State Prosecutor's Office (SDT) and the Special Police Department (SPO) need more people, but also the conditions that would enable them to function effectively, the EC states in the report.

The document assesses that Montenegro is moderately prepared in the fight against organized crime and notes that good progress has been made in legal changes in the areas of money laundering and human trafficking.

From Brussels, they recommend that next year, the state should devote particular attention to filling vacant positions in the police special unit, headed by Predrag Šuković and SDT, headed by Vladimir Novović, as well as in the High Court's department for organized crime.

"As in previous years, SDT's human resources remain insufficient to cope with the tasks. The lack of police officers assigned to the SPO is also worrying, as only 30 out of 50 positions are currently filled. The conditions in the offices are significantly below the minimum required European standards. This prevents SDT and SPO from acting appropriately, efficiently and independently... The High Court in Podgorica, whose jurisdiction is organized crime, corruption, terrorism and war crimes, does not have enough employees," the text reads.

They emphasize that it is especially important that Montenegro devote itself to the issues of the possible entry of the mafia into the system.

“Address the risks of corruption and infiltration of organized crime into law enforcement agencies and the judiciary by implementing a strong prevention policy and providing a strict judicial response to detected cases; to urgently implement a reorganization in the Ministry of Internal Affairs/police in the area of ​​corruption prevention and internal control", the Report says.

It is pointed out that the Central Bank of Montenegro does not have a central register of accounts of non-residents, which is a key tool for investigations. Montenegro has not solved the problem of the incomplete land cadastre, "which makes it difficult to conduct financial investigations and confiscate property."

ASK to be more independent and responsible

The Agency for the Prevention of Corruption (ASK) must continue to strengthen its independence, impartiality and responsibility in its work, says the EC.

He states that the results of KAS have been further improved in a quantitative sense, but that the way of managing that institution, as well as the way of working, have been criticized in connection with the formalistic approach "which hinders the efficiency of work".

They remind that ASK was without a Council from July 2023 until the end of July 2024, and for a time without a director, after Jelena Perović was arrested on April 17. in 2024 due to alleged abuse of official position and damage caused to the state budget for more than 100.000 euros. The investigation led by the Special State Prosecutor's Office is ongoing.

In the meantime, the new KAS Council dismissed the previous director and appointed the former head of the KAS sector for controlling the financing of political entities and election campaigns as acting director.

"The appointment of a director with a full mandate will be made through a public call. The independence, impartiality and responsibility of KAS should continue to strengthen", the EC emphasizes.

They also state that an institutional framework for preventing corruption has been established, and warn that it needs to be strengthened, both in terms of prevention and in terms of law enforcement capacity.

Nevertheless, the EC says that "there is room for improvement of the legal framework". They remind that Montenegro has yet to deal with several recommendations given by the EU and GRECO missions, but also that the Law on Financing of Political Entities should be amended as soon as possible and significantly increase transparency, control of spending by political parties and prevent abuse of state resources.

Performance related to investigations and prosecutions of high-level corruption cases has remained stable and needs to be further strengthened.

The performance in the prevention of corruption has improved in quantitative terms. In 2023, the Agency for the Prevention of Corruption (ASK) received the largest number of reports on income and assets compared to previous years, which is an increase of 11,5 percent. This growth is the result of an increased number of newly appointed public officials, as well as a larger number of reports that were submitted upon termination of office'.

Violence against children, women and vulnerable groups is a concern

The most vulnerable groups in society, including Roma and Egyptians, people with disabilities, LGBTIQ people, are still exposed to discrimination, hate speech and hate crimes, the report says.

The European Commission is concerned about violence against children and women, and people with disabilities still cannot exercise their rights.

In the part of the report related to domestic violence, the EC states that centers for crisis cases related to rape and/or referral of victims of sexual violence have not yet been established, and that there is a lack of adequate resources to provide psychosocial support to children affected by violence.

Regarding the penal policy, the report states that in 2023, fines were the most common misdemeanor penalties (29 percent), and that 20 percent of the reports ended with acquittal.

"Prison sentences were imposed in only about 10 percent of all cases, restraining orders in 18 percent, and eviction of the perpetrators from the apartment in only eight percent of completed procedures. Available emergency measures to protect victims during the procedure are rarely used. As much as 80 percent of misdemeanor proceedings last up to six months," the document states.

The EC notes that the Council for the Rights of the Child did not meet regularly last year, that the new composition of the Council, chaired by the Deputy Prime Minister for Demography and Youth, has held only three thematic sessions since December 2023.

It is also added that the amendments to the Criminal Code brought the definition of a child into line with the recommendations of the UN Committee on the Rights of the Child, that the penal policy regarding sexual abuse of children was significantly tightened, and that special supervision measures were introduced for perpetrators after release from prison. However, it is added that violence against children remains a serious problem.

Harmonize election processes with the highest democratic standards

It is said that the electoral framework requires a comprehensive review, although the conduct of elections is generally satisfactory.

"The legal framework requires comprehensive reform and alignment with EU legislation, including electoral legislation, restrictions on voting and candidacy rights, transparency, dispute resolution mechanisms and oversight of campaign finance and the media. Most of the remaining OSCE/ODIHR recommendations have not been addressed. "Montenegro should make an additional effort to harmonize its electoral processes with the highest democratic standards," the report says.

The Parliament, as assessed, can perform its powers in a mostly satisfactory manner, but that the repeated internal disagreements between individual ministers and the Prime Minister have threatened the cohesion of the Government and its overall efficiency.

It is recalled that despite the constant fragmentation of the parliamentary landscape, a majority was formed in October 2023, ending a prolonged period of political instability.

Consensus on key reforms related to EU accession was extended to both ends of the political spectrum and EU-related legislation was adopted unanimously in parliament. However, tensions and inter-ethnic polarization have reappeared, which has a negative impact on political stability,'' the EC points out and adds that during the summer of 2024, the parliament had "some hasty legislative initiatives without applying the necessary transparency."

It states that women's involvement in political life remains low and is hindered by insufficient state and public efforts to overcome gender stereotypes, as well as the failure of most political parties to promote women's participation.

"Europe now 2" a risk for the sustainability of public finances

The EC stated in the report that the implementation of the "Europe Now 2" program is a risk for the sustainability of public finances, despite some compensatory measures and an accelerated investment program.

It is recalled that the new coalition government adopted several significant reforms - it increased the minimum pension by 52 percent, to 450 euros, and in September of this year adopted the work program called "Europe Now 2" and the related medium-term fiscal strategy. The key reforms relate to the increase of the average minimum wage from 450 euros to 700 euros and the halving of pension contributions.

The EC states that progress has been made in improving the budget balance and creating a legal basis for the establishment of a fiscal council, but structural reforms aimed at solving the shadow economy and improving the management of state-owned enterprises have had only limited implementation.

The EC recommends improving the performance of state-owned enterprises, including those at the local level, by transforming their management structures and eliminating political patronage.

The EC pointed out that Montenegro is significantly behind in the development and adoption of the National Plan for Energy and Climate, alignment with the EU legal acquis on mandatory oil reserves and alignment with the Electricity Integration Package.

The Report points out that progress in improving and modernizing short sections of road and rail networks has been slow, and Montenegro has not yet adjusted its transport sector development strategy with the obligations of the Transport Community Agreement on sustainable and smart mobility.

It is recalled that the Government reached an agreement with the European Bank for Reconstruction and Development and the EC on a favorable loan for the continuation of the construction of the Bar-Boljare highway, however, part of the railway corridor (Bar-Vrbnica) faces significant delays "due to limited absorption and management capacities". in the competent authorities.

It is indicated that some of the recently announced projects, such as the Adriatic-Ionian highway, in addition to the previously planned coastal expressway, differ significantly from the plans agreed within the framework of the TEN-T network and the country's obligations towards the transport community, which partially accounts for the EU funding of the study feasibility and design outdated.

The EC once again warned about the risks of implementing the economic citizenship program, which Montenegro has officially abolished, but is still processing the received requests.

"Montenegro should refrain from implementing a citizenship scheme for investors, because such schemes represent risks in terms of security, money laundering, tax evasion, terrorist financing, corruption and infiltration of organized crime, and are incompatible with the acquis of the EU," the EC points out. .

Đurović: No praise for the RTCG program, invitation to the prosecution

Competent state authorities should effectively resolve all situations of possible illegal behavior in the Radio and Television of Montenegro (RTCG), in accordance with national legislation and relevant international and European standards, it is written in the part of the EC Report that refers to the Public Service.

With this, the director of the non-governmental organization Media Center Goran Đurović said, the EU is sending a clear message to the prosecution and the courts to "use their competences regarding the work of RTCG".

In the report, the EC reminded that the courts have made decisions, which marked as illegal the re-appointment of the General Director of the RTCG Council, Boris Raonic, in June 2023.

Đurović told "Vijesta" that the Prosecutor's Office must finally declare whether, by reappointing RTCG General Director Boris Raonic in June 2023, certain members of the RTCG Council, Raonic himself and the head of the RTCG Legal Service committed a criminal offense.

"The prosecution's investigation of the case has been ongoing for more than a year, in which, based on two final verdicts, it is clear that at least the president of the RTCG Council, Veselin Drljević, by placing on the agenda of the Council session a vote on the list of candidates for general director (among whom he was and Raonic), made it possible for Raonic to be illegally elected for the second time in June 2023, contrary to the final court verdict," said Đurović.

According to him, Drljević's "accomplices in committing the crime were Filip Lazović, Naod Zorić, Predrag Miranović and Amina Murić.

"Non-execution of court judgments is a criminal offense under Article 395, and in addition to this, the criminal offense of abuse of official position under Article 416 of the Criminal Code of Montenegro is committed. This organized group defended itself at the hearing in the SDT by remaining silent (they did not want to say how they voted), and this is a fact that should worry all institutions, political parties and the public. Also, the courts should resolve the dilemma regarding the legality of Ronić's third appointment from August this year as soon as possible. I believe that the EC can no longer turn its head away from the problem that has been going on for more than three years and that it will be insisted that the state authorities do their work within the state's obligations in the chapters related to the rule of law. We will soon see the prosecution's reaction," said Đurović.

He emphasized that in EC reports on RTCG there are no more sentences about the balanced program, which were interpreted as praise for the Public Service.

"Now the focus is on the illegal work of the RTCG. If the Government and Milojko Spajić think that the EC did not take note of the adjustment of the Law on RTCG Raonic and if they think that the political control of RTCG will not be spoken to soon, they are seriously mistaken," concluded Đurović.

Responding to a journalist's question as to whether the amendments to the Law that enabled Raonic to be elected general director of RTCG for the third time contributed to ignoring court rulings, Spajić replied that the Council of RTCG was elected during the mandate of another government.

"The laws that were adopted in the parliament were fully harmonized with Brussels and we did not interfere in the work of the RTCG", claims Spajić.

Satler: Don't get carried away, the accession agreement is a technical matter

The Head of the EU Delegation, Johan Satler, answered the question of "Vijesti" when it was decided and when the decision will be implemented that the European Commission proposes to the Council of the EU to draw up an agreement on the accession of Montenegro to the EU, and answered that it is a proposal to start working on it.

"Don't get carried away, it's a technical matter," said Satler.

He pointed out that if Montenegro closes four chapters by the end of the year, it will still have 26.

The European Commissioner for Enlargement Oliver Varhelji is at the presentation of the report in Brussels that when Montenegro closes all the chapters, then the next step is in order - the drafting of the Draft Accession Treaty.

"I hope that this pace of progress and the level of dedication that we see in Podgorica will continue, and then that step will follow, and I hope that it will be sooner rather than later," said Varhelji.

He said that an expansion can be expected by the end of the mandate of the new composition of the EC (in four years).

The day before yesterday, Prime Minister Spajić said in the parliament that the EC will propose to the Council of the EU to draw up an agreement on the accession of Montenegro to the EU.

Relations with Serbia stable with occasional accusations, with Croatia worsened

Despite regular bilateral meetings, Montenegro has worsened its relations with Croatia, and tensions arose from unresolved bilateral issues, according to the report of the European Commission.

“There has been no progress regarding the unmarked border between the two countries or the ownership of the 'Jadran' ship. The adoption of a resolution in the Montenegrin parliament in June, which focuses on the historical events in Jasenovac, Mauthausen and Dachau, provoked a strong diplomatic reaction from Croatia, including the declaration of three high-ranking Montenegrin officials as persona non grata," the report says.

As it is added, the relationship with Serbia is generally stable, although there are occasional mutual accusations.

It is recalled that high-level visits took place and cooperation agreements were signed between the two countries.

"After a long delay, diplomatic relations have been restored. The new ambassador of Serbia to Montenegro was accredited in February 2024, while the appointment of the ambassador to Serbia is still pending," the EC states.

The report states that the relationship with Bosnia and Herzegovina as a whole has remained good, although the agreed border has not yet been physically marked.

"Political tensions in Montenegro were caused by the visit of the leader of the Republika Srpska entity (Milorad Dodik) in February 2024 and the UN Resolution on Srebrenica", it is recalled.

The relationship with Kosovo, it is added, remained good, with several consultations at the ministerial level, which confirm a common European and Euro-Atlantic perspective, although there were occasional tensions within the parliamentary majority, especially in connection with the admission of Kosovo to the Council of Europe.