EC: Government to clarify amendments to the ANB Law and allow us to analyze before proceeding further

European Commission spokesperson Guillaume Mercier told "Vijesti" that the European Union (EU) is closely monitoring developments in the security sector, including the proposed amendments to the Law on the National Security Agency (ANB).

He said that the EU expects Montenegro to provide appropriate clarifications regarding the purpose and scope of the proposed legislative amendments, including "enabling the European Commission to conduct a thorough analysis before proceeding with the procedure for adopting that law."

Mercije emphasized that they have noted the concerns raised by domestic civil society organizations on this occasion.

"Any legislative or institutional change in this area must be implemented through a transparent and inclusive public consultation process, with all measures having to be lawful, proportionate, clearly justified by specific needs, and aligned with the principles of democratic oversight and respect for fundamental rights," he said.

In his response to "Vijesti", Mercier stated that it is particularly expected that Montenegro - as a candidate country for EU membership - "consistently respects and guarantees the application of democratic principles, fundamental rights and the principles of separation of powers, which represent key elements of the EU accession process."

At the end of last week, the government adopted the Draft Law on the National Security Agency (ANSA) in an electronic session, without prior public debate, which was submitted to the parliamentary procedure under an abbreviated procedure.

Due to the proposed legal amendments, numerous non-governmental organizations, the Lawyers' Association, and opposition members have reacted strongly for days, emphasizing that the Draft Law on the National Security Agency is unconstitutional and contrary to international standards, which is why they requested that it be urgently withdrawn from the parliamentary procedure, in order to align it with the Constitution and EU regulations.

During today's session of the Parliamentary Security Committee, numerous explanations were heard as to why the Draft Law on the ANB should be withdrawn from the procedure, as it grants much broader powers to the ANB, to access all databases, both those of state and local government bodies, as well as legal entities and other entities, without any court order or supervision.

At the end of the Committee session, Minister of Justice Bojan Božović proposed that they react through amendments in order to obtain a better legal solution.

Božović stated that they are willing to propose some amendments so that no one, as he said, would get the impression that they are creating an institution with some "pharaonic powers."

Just a few hours after the Committee session, the Government reacted, adopting eight amendments to the ANB Law Proposal during an electronic session, which introduce greater procedural guarantees in terms of access to databases, but also expand the ANB's operational capabilities, especially with regard to location surveillance, which can now be approved by the director of the secret service.

With the amendments, judicial control remains key for all other types of supervision, which was not the case in the first version of the Draft Law on the National Security Agency.