The amendments to the law on civil servants and employees are not cosmetic, but represent an important reform step towards the professionalization of public administration, said the relevant minister Maraš Dukaj, while the opposition warns that the act opens up space for party recruitment.
At the Parliament session, explaining the Bill on Amendments to the Law on Civil Servants and State Employees, Dukaj said that the aim of the law is the professionalization and depoliticization of public administration and strengthening the conditions for obtaining titles.
He stated that they have reduced the required level of education and increased the required years of work experience, because they want to ensure quality.
Dukaj said that the head of the body could previously choose one of the three best candidates, and that now he will have to choose the best one.
According to him, the new law strengthens the position of managers, in the sense that these personnel will have clear responsibility and greater autonomy.
Dukaj said that under the old law, inspectors were appointed as officials, and that under the new law they will receive the status they deserve.
He said that another novelty is the limitation of the right to compensation, which will only be available to persons whose mandate has ended upon the expiration of their term or in the event of reorganization.
Dukaj said that the amendments specify the position and conditions for the selection of members of the appeals and disciplinary committees.
Dukaj emphasized that the changes to the Law are not cosmetic.
"They represent an important reform step towards the professionalization of public administration, although much work remains to be done," Dukaj added.
Speaking about lowering the criteria for the required level of education, he said that this is in line with SIGMA and the European Commission (EC).
Dukaj said that many MPs apparently did not look at the latest version of the law that is harmonized with the EC.
"Today you have people in Brussels who have that level of education, and they work in European institutions," said Dukaj.
Speaking about the surplus of employees in public administration, Dukaj said that it is a problem that has been going on for years, but that it can be solved if there is political will, and said that one ministry cannot solve it alone.
Europe Now Movement (PES) MP Tonći Janović said that this is the most important law for strengthening and professionalizing public administration.
"The proposed amendments aim to improve the legal framework that regulates the labor and legal status of employees. The amendments are aimed at further building a professional and impartial public administration," said Janović.
He said that the goal is to harmonize the law with positive practices from the EU administrative space.
"Consultations with SIGMA and the EC have been carried out, and that is why I emphasize that the relevant Ministry has harmonized the draft law with their suggestions, which, we must admit, is not a simple process," said Janović.
He said that one of the key changes is strengthening the principle of meritocracy.
"For non-managerial positions, the best-rated candidate will be selected. The goal is to eliminate the arbitrariness of those who make decisions and to strengthen fairness and objectivity in employment," said Janović.
He also said that the change regarding the status of inspectors is important, because they will not be on a fixed-term contract, but will have a permanent employment relationship.
Democratic Party of Socialists (DPS) MP Ivan Vuković said that the law should send a signal that Montenegro is ready to assume the obligations arising from membership in the European Union (EU).
"That should also mean that we tighten the criteria for those who are most responsible for the functioning of the system, because I guess it is in our interest for the best to work in state bodies," said Vuković.
He added that, if Montenegro is truly knocking on the EU's door, it would be logical for that legal solution to be 100 percent in line with the EC's opinion.
"The way the law was proposed shows that the government does not care about these matters. The legal solution paves the way for a new wave of mass party recruitment in the run-up to the next parliamentary elections," said Vuković.
According to him, 18 thousand new employees since 2020 seem to be a bit low.
"That's why the state administration system today costs citizens one billion EUR more than in 2020. New generations are maturing, new elections are coming up, and these political obligations need to be serviced, and this legal solution creates the framework for something like that," said Vuković.
As he stated, if this were not the case, the law would have been submitted to parliamentary procedure in the form in which it was supported by Brussels.
Vuković, addressing Dukaj, said that he received the green light for the proposed law in Brussels in February, but that he then experienced a debacle at the Government session.
"Because the majority of members of the Government intervened in that legal solution against its essence, which is to provide the basic prerequisite for the depoliticization of public administration, because that does not suit those people," said Vuković.
He said that Dukaj "capitulated as a minister to their demands."
Vuković said that the main criticism of the EU through the Progress Report was the reduction of requirements regarding years of work experience within the title.
PES MP Armen Šehović said that the proposed changes represent a significant step forward in public administration reform and its depoliticization and professionalization.
"The good news is that the best-ranked candidates will be selected when starting employment," said Šehović.
He added that it is also positive that the employment relationship ends at the age of 66, which brings this provision into line with the Labor Law.
Šehović believes that increasing the number of years of service required for work in the state administration is also positive because, as he stated, this leads to the selection of better and higher-quality personnel.
"The goal of constantly improving legal norms is to eliminate the privileged, but to make knowledge the only criterion," said Šehović.
Social Democrat MP Branislav Nenezić said that this law confirms that meritocracy no longer exists, nor will it ever exist.
"The conditions for management staff are being reduced, the question arises as to who these people are and where they acquired the knowledge that will make key decisions for the state," said Nenezić.
He added that the question is how many people will be employed in the state administration.
"What can encourage the Montenegrin public is that not everything is going well in the current majority and that these are legal solutions that should satisfy political appetites, because it seems that we are facing early parliamentary elections," said Nenezić.
DPS MP Zoja Bojanić Lalović said that Dukaj is today defending a law that contains, not shortcomings that are collapsing the state administration system, but shortcomings that he himself does not believe in.
"And which will collapse the state administration system and make it non-functional. You had a version of the law that was in accordance with the EC recommendations and now we have a new legal solution that is not in accordance with them," said Bojanić Lalović.
She believes that the law "shakes the foundations of professional, expert and European-oriented state administration."
"The educational criteria are being reduced, you are trying to explain to us that it can be inclusive, which is a paradoxical statement," said Bojanić Lalović.
She said that it sends a bad message to young people.
"After so many fake diplomas, one message - you can advance in your career without a quality diploma and, not only that, you can also become a manager," said Bojanić Lalović.
Democratic MP Duško Stjepović said that the most important change to the law is the reduction in work qualifications.
"Because the previous qualification, the 7-1 degree, no longer exists in our education system, you have enabled people with a Bachelor's degree to fulfill this requirement," said Stjepović-
He added that he believes that the word "sixth degree" should be preceded by the word "at least".
Stjepović said that it used to be that "everything was excellent in law, and during the previous government, employment was established by going to the party and not the Employment Service."
"You could go to all the state bodies headed by party soldiers, which served as recruitment centers," said Stjepović.
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