The Center for Civic Education (CCE) has published the content of the Draft Law on the Government, which the Ministry of Public Administration sent to the European Commission for opinion.
They say they obtained the document under the Freedom of Information Act, "in accordance with continued interest" in the legal text, and are publishing it so that the interested public can independently analyze it.
CCE assesses that the new Draft Law on the Government did not bring the necessary improvements, and that some of the key recommendations of the Venice Commission and the civil sector were ignored.
Nikola Mirković, a program associate at CCE, says they had access to earlier versions of the text and participated in a meeting of the Venice Commission (VC), where suggestions from the civil society were presented. The Commission, he says, expressed concerns in its opinion and made suggestions for improving the law, along with "a detailed and expert analysis that should be taken as authoritative."
Mirković said that one of the key issues relates to the structure and composition of the Government.
"The previous draft envisaged limiting the number of ministries to 15, while the Venice Commission recommended a more flexible framework of up to 18 departments. The latest Government proposal envisages up to 20 ministers, two of whom without portfolio. It also envisages up to 4 vice-presidential positions and an unlimited number of state secretaries, which leaves ample room for political trade and party recruitment. Today, Montenegro is a country with the most cumbersome Government in Europe, with as many as 32 members of the Government, which, proportionally to its size, is probably a world record holder. Numerous vice-presidents of the Government do not even know what the boundaries of their work are, just as no one knows what the job of a minister without portfolio is, and it is difficult to count state secretaries. The principle of rationalization has been forgotten, and the draft Law on the Government seeks to legalize all of this and make the unacceptable acceptable. CCE believes that a more efficient model would include a maximum of 15 ministerial positions, 1 vice-president, abolishing a minister without portfolio and limiting the number of state secretaries to 1 per ministry," the statement reads.
Of particular concern, he says, is the complete deletion of the issue of the government's technical mandate, even though it was "one of the key problems in previous political crises."
"The Supreme Court recognized the need for a clearer legal framework that would regulate the transitional period between the two governments, because they clearly understood that Montenegro does not yet have a sufficient level of political culture to address this issue through good democratic practices. It is also surprising that the MPA, which previously argued to the Supreme Court the need to regulate the technical mandate, has now completely omitted this, leaving room for further abuses by the outgoing governments," said Mirković.
When it comes to mandatory departments that cannot be merged with other ministries, he recalls that the CCE previously suggested that the department of education and/or culture should also have this position, which was also supported by the Government. However, instead, the latest Government proposal added the Ministry of Public Administration.
"Opening Government sessions to the public has been left only as a possibility and not an obligation, which is problematic in the current circumstances of reduced transparency. Also, regulating telephone sessions has been left to the Government's Rules of Procedure, and practice already indicates actual abuse of that institute," says Mirković.
It points out that the novelty in the latest draft law relates to the verification of the integrity of mandate holders, members of the Government and officials of the executive branch, through filling out questionnaires and checking the competent authorities. CCE believes that this is a step forward, "but a small one in order to substantially improve the integrity of public officials".
"CCE has been strongly advocating for years the introduction of mandatory medical examinations for members of the Government (Prime Minister, Deputy Prime Ministers and Ministers) and the Secretary General), including psychological assessment and testing for psychoactive substances, in order to eliminate the double standards that exist between civil servants and high-ranking officials. This CCE initiative has the support of over three quarters of citizens," says Mirković.
He also said that the Parliament's jurisdiction over the Government was not defined more precisely, which "was one of the key recommendations of the Venice Commission."
"CCE will continue to monitor the further process and advocate for Montenegro to finally receive a Law on Government that will improve the functioning of the executive branch and prevent further politicization and abuse of institutions that limit the democratic consolidation of the state," the statement reads.
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