Launching an initiative to remove the Supreme State Prosecutor (SSP) Milorad Marković is a complex process and probably doomed to failure, said the President of the Board of Directors of the Alternative Institute Stevo Muk, adding that it is justified to ask the SSP to respond to public demands.
Muk told the MINA agency that there is a constitutional and legal possibility of launching an initiative to dismiss the Supreme Court, but that the procedure is complex and probably doomed to failure.
"First of all, because between the MP's initiative and the final decision on dismissal, it is necessary to obtain six votes from members of the Prosecutorial Council (PC) to determine the proposal to the Parliament for the dismissal of the Supreme Prosecutor's Office," said Muk.
He stated that the TS currently works with, in addition to the State Prosecutor's Office itself, five state prosecutors and a representative of the Ministry of Justice, but without representatives of NGOs, the Bar Association and two reputable lawyers.
"In such a constellation of current forces, it is not possible to expect six votes for such a proposal," added Muk.
He said that everyone should be concerned that the State Prosecutor's Office, which received support to finally say what the situation is in the state prosecution, "has decided on a policy of bureaucratic continuity, which it proclaims as a measure of the independence of the prosecution."
"It is justified to ask the Supreme Prosecutor's Office to respond to the demands of the public, civil society and parliamentary committees, with more transparency and accountability," said Muk.
He added that parliamentary committees have the right to request special reports, and the State Prosecutor's Office is obliged to submit them and participate in sessions of the competent committees.
Commenting on the state of the judiciary and its role in the upcoming part of the European agenda, Muk assessed that the significant work and results of the Special State Prosecutor's Office (SDT) have not been sufficiently accompanied by efficient trials and verdicts.
"It is necessary for the indictments to be verified in court and to have an epilogue through convictions or acquittals," said Muk.
He believes that the Government, the Parliament and the Judicial Council have not done enough in the past five years, neither in terms of improving the efficiency of trials, nor in terms of the number of courtrooms and organization of trials, nor in the timely election of judges.
"Certain developments are relatively recent and we have yet to see their ultimate effects," Muk added.
He recalled that three years after the Government's conclusions on moving the SDT to the old government building, the tender phase for the adaptation of that facility has only now entered its final stage, and the SDT and the Special Police Department are still in old, inadequate premises.
"The permanent confiscation of criminally acquired assets still depends solely on final judgments, which do not exist and will not exist for a long time. An alternative legal framework for the confiscation of illegally acquired assets has not been established," Muk pointed out.
He said that by the end of this year and during next year, a certain number of first-instance verdicts will likely be issued, and that the SDT will likely issue new indictments in cases of organized crime and corruption.
"However, I would not be surprised if the process in chapters 23 and 24 ends with a conclusion on some kind of post-accession monitoring in the area of the rule of law, as was the case with Romania and Bulgaria," Muk said.
Commenting on potential changes for new members of the European Union (EU), he recalled that after the negotiation process is completed, there will be a phase of ratification of the accession treaty in the parliaments of the member states, or even in some countries through national referendums, the outcomes of which are uncertain.
"Ultimately, the enthusiasm of Montenegro and the European Commission, together with the overall positive results of the negotiation process, could conflict with the will of one or more EU member states, even if their governments support Montenegro's accession," Muk stated.
He believes that opening a discussion on temporarily limited membership for new members is an attempt to respond in advance to the resistance to enlargement present in some EU members.
Muk said that Montenegro, the Government, Parliament and civil society will have to make additional efforts to understand all aspects of the situation, as well as the communications that are taking place within the EU and between member states.
"Just as accelerated enlargement is the result of geopolitical circumstances, the idea of limiting the rights of new members is an expression of geopolitical concerns and experiences and current challenges between Brussels and individual member states," said Muk.
In this situation, as he said, Montenegro needs to articulate clear political positions and convey them in an appropriate diplomatic manner at decision-making points in the EU and key member states.
Speaking about the stability of the executive branch, Muk said that the Government is stable because it is supported by a large number of MPs, or political parties.
According to him, such support in parliament is conditioned by the size of the Government, that is, the number of ministries and political appointments.
"Such a cumbersome apparatus requires a functional system of communication and coordination, which is clearly lacking. This is, first and foremost, the responsibility of the Prime Minister and Deputy Prime Minister, who are obliged to coordinate the work of the Government and related departments," Muk stated.
He believes that the Prime Minister must ensure constant political consultations with the President of the State and the Parliament, starting with the already chronically open issues of significant appointments in the diplomatic network and onwards.
"There are obvious differences in results between individual departments, while in many places work is done little and slowly. The system of evaluating the work and results of ministers promised by the Prime Minister has not been implemented," said Muk.
He added that greater transparency in the work and legislative process has not taken hold either.
"While even the achieved standards of openness are being excluded through controversial international agreements," Muk stated.
He said that it is necessary to take into account the recommendations of the International Monetary Fund and the European Commission on the state of public finances and work on limiting, rationalizing and optimizing costs, including employment in the public sector.
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