The updated Draft Law on the Government, on which the Venice Commission (VC) adopted an opinion at last week's plenary session, could be approved by the executive branch by the end of the month (in the form of a draft law), and then sent to the Parliament for consideration - Vijesti has learned unofficially.
Source of the list from the Government Milojko Spajić (Europe Now Movement) said that before that, the Ministry of Public Administration (MPA), responsible for that regulation, needs to coordinate "technical matters" with other institutions, but he did not specify which ones.
Montenegro is among the few countries in the region that does not have a law on government, although its adoption has been announced several times in the last few years.
The MPA sent the updated Draft to the "Venetians" on April 22, and that body commented on the previous version of the text in 2023.
The Venice Commission warns that the updated draft omits a general provision on the accountability of the entire Government to the Parliament. It is recalled that, although the Constitution does not contain specific provisions on the accountability of the Government to the Parliament, the power of the legislative chamber to elect and dismiss the Prime Minister and its members, i.e. Deputy Prime Ministers and Ministers (with or without portfolio), implies that not only the Prime Minister, but the entire executive branch is politically accountable to the Parliament.
The opinion states that in modern parliamentary democracies, assemblies fulfill their duty to protect and realize human rights and the rule of law through their basic functions: representation, legislation, and oversight.
"The Government's accountability to the Parliament is based less on the principle of separation of powers and more on the principle of responsible government, which requires that it be politically accountable for its decisions to elected representatives in parliament."
The "Venetians" say that it should be clearly stated that the work of the Government is subject to parliamentary accountability.
"In the revised draft law, the previous wording has been changed, but without specifying that the Government is accountable to the Parliament. Therefore, the ambiguity must still be removed in accordance with the Commission's recommendation," the opinion reads.
The Venice Commission welcomed the changes related to the limitation of the number of ministries and the structure of the executive branch, stating that the recommendation in this regard has been fully complied with. It is recalled that the previous version of the draft limited the number of ministries to 15, including seven core departments, which, the Commission believes, could have disrupted the balance between the legislative and executive branches.
It is stated that now Article 8 of the revised draft law sets an upper limit of 20 ministers, two of whom may be ministers without portfolio, thus providing the executive branch with greater flexibility in organizing government departments or ministries according to its own needs to fulfill its responsibilities and implement programs.
“Article 12 (former Article 26) of the revised draft law stipulates that 18 ministers will be responsible for administrative areas. The same number and types of core ministries (justice, defense, internal affairs, finance, foreign affairs, health and public administration) have been retained in the revised draft law. The Venice Commission considers that the recommendation has been fully complied with.”
In conclusion, the Commission expresses concern about the inability of the First Deputy Prime Minister to temporarily assume the duties of the Prime Minister in the event of his absence or inability to act.
"Also, the commission requests the specification of procedures for replacing the Prime Minister, if the First Deputy Prime Minister is unable to assume that function. It is recommended that in such a case the duty of Prime Minister be temporarily performed by the Deputy Prime Minister who has held the position for the longest time or is the oldest in years."
The “Venetians”, among other things, reiterated some outstanding recommendations regarding gender equality and minority representation in the government. They welcomed the introduction of integrity checks for persons entrusted with the highest executive functions, in line with GRECO recommendations, which aim to increase transparency and accountability of state officials and public servants.
“However, it is not clear from the provisions of Chapter X whether the failure of the integrity check of the candidates for Prime Minister or other candidates for members of the Government constitutes an obstacle to their appointment by the parliament, or whether the check is of an advisory nature and aims to inform the deputies and the general public about the integrity of the relevant candidates, enabling an informed final decision on them. In this regard, the Venice Commission notes that the provisions of the revised draft law do not foresee any mandatory consequences in the event of a negative result of the integrity check.”
The opinion states that in this regard, it is necessary to emphasize that if the goal of the integrity check is to inform the competent political authorities about the candidate, the final decision still remains with the Parliament.
Minister of Public Administration Marash Dukaj, announced yesterday that he welcomes the opinion of the "Venetians" and particularly emphasizes his satisfaction with the dialogue they had "in this important legislative process."
"The Ministry of Public Administration has confirmed its potential to implement the expert opinions of the Venice Commission and monitor the democratic needs of Montenegro," he said.
Dukaj added that the Venice Commission positively assessed the fact that Montenegro had taken into account most of the key recommendations from the previous opinion and praised the proposed changes to the document compared to the 2023 draft.
"We have received several additional guidelines, which we will carefully consider in accordance with the constitutional-political and legal framework. The solutions regarding integrity checks of officials, which are in line with GRECO recommendations and incorporated into the legal text, are particularly welcomed. We share the belief with the Venice Commission that this mechanism will further contribute to strengthening citizens' trust in institutions. This law is an important step in our work and vision of modernizing, transparency and strengthening the institutions of the executive branch and the political system in general," he said.
The working group for the preparation of this law was formed in the MPA back in June 2022.
Experts have been pointing out for years that the government law is necessary, but that its adoption can be an obstacle for party and political appetites. The necessity of passing the law was the most talked about during the mandate of the previous Government, which he headed Dritan Abazovic (Civil Movement URA). After being overthrown in parliament, she governed the country for a year and two months at full capacity. Part of the public then appealed that the powers of the executive branch, which had lost the confidence of the parliament, must be limited by law.
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