Laković leaves PES if this police law is adopted

MP and member of the Main Committee of the Europe Now Movement Miodrag Laković announced to party colleagues, including the party leader and the prime minister Milojko Spajić, that he will resign from all party positions if the amendments to the Law on Internal Affairs are adopted in the currently proposed form, "Vijesti" has learned.

"Vijesti" sources said that Laković announced that, in that case, he would resign as chairman of the parliamentary Committee on Security and Defense, member of the Anti-Corruption Committee and delegation to the NATO Parliamentary Assembly and resign from the PES parliamentary group, but would remain in parliament as an independent MP.

However, after the EU Delegation in Podgorica said yesterday that the amendments to this law and the new law on the National Security Agency (ANB) are not in line with the EU acquis, it is uncertain whether and in what form these regulations will be adopted.

Amendments to the Law on Internal Affairs and the Law on the National Security Agency (ANB) caused a storm in the Parliament last week, as the opposition claimed that they were being "pushed under the radar", that the European Commission did not yet have a final opinion, and that MPs had not received all the material in a timely manner. During the debate, some opposition MPs disrupted the work, accusing the public of being misled about the agreement and the procedure.

Amendments to the ANB and internal affairs laws provide for broader powers for the secret service, increased protection for operatives and undercover associates, and the dismissal of police officers found to be security threats, including the retroactive application of these provisions...

The opposition demanded a clear position from the European Commission on the compliance of the solution with European standards before adoption.

These regulations were discussed at an extraordinary session of the Parliament on Friday, but after the opposition protested, the vote was postponed to March 6, when, as announced, they will first be discussed and then voted on at the regular session. According to information from "Vijesti", the agreement not to vote on these two controversial laws last week was mediated by the head of the European Union delegation to Montenegro Johan Sattler.

Previously, at the meeting of the Political System Committee on Friday, PES deputies did not support five amendments by party colleague Laković to the Proposal for Amendments to the Law on Internal Affairs, which substantially change the provisions proposed by the Government.

During the evening, the PES leader and the Prime Minister also arrived at the parliament. Milojko Spajić, as well as the party's executive director Vlade Bojović who, according to unofficial information, attended a meeting of the party's parliamentary group.

On Tuesday, Laković said in the Reflektor show on Television Vijesti that he maintains his position that he does not support amendments to the Law on Internal Affairs in the proposed format.

He said that he disagrees with "security concerns" as a basis for termination of employment, the introduction of which is one of the key innovations in the law.

"I really have strong opposition to that, but politics is not what one person thinks, but one must always look for a solution that is good for the community, in this case for the security sector. If we do not find one according to some of my criteria, I will have a clear position on that," Laković said. When asked whether he would resign, he did not answer.

He said that the European Commission had given an oral opinion on the proposals for these laws.

Amendments to the Law on Internal Affairs envisage the introduction of mandatory periodic security clearance checks, i.e. every five years, for all police officers. Until now, this check was carried out only based on the request of the immediate supervisor for the police officers to whom the request relates.

It is envisaged that the determination of safety hazards will now constitute grounds for termination of employment by force of law, "without the need for lengthy disciplinary proceedings, in which numerous procedural abuses are possible, leading to avoidance of responsibility and the inability to make a decision on disciplinary liability and impose a disciplinary measure, which has been the case so far."

"This is supported by the fact that to this point, not a single disciplinary procedure has been completed for a serious breach of official duty - the existence of a security impediment to further work," it says in the explanation of the amendments to the Law.

It is also proposed that members of the Commission for the Verification of Security Obstacles, before being appointed, must themselves undergo a security obstruction check by a special ad hoc commission established by the minister, and that the records on the basis of which the existence of security obstructions is determined be specified.

Laković proposed in the amendments that the commission for reviewing security disruptions include one representative each from the Ombudsman institution and the Bar Association, in order to "ensure an additional degree of impartiality and objectivity in the decision-making process."

He also proposed an amendment that would require police officers to be informed of the reasons, facts, and evidence on the basis of which the existence of a security threat was determined, except to the extent that it would endanger national security.

He also requested the amendments to delete the provisions that state that security breaches are not a serious breach of official duty and that provide for the automatic termination of a police officer's employment if he comes to work under the influence of alcohol or drugs, consumes them during working hours, or refuses to take a test. He also proposed that the provisions of the old law apply to police officers who were previously found to have security breaches and against whom disciplinary proceedings had not been initiated before the law entered into force.

EC: Closing benchmarks for Chapter 24 do not require amendments to these laws

The EU Delegation in Podgorica told the media yesterday that the final benchmarks for Chapter 24 (justice, freedom, security) do not require Montenegro to amend the Law on Internal Affairs or the Law on the National Security Agency.

"The European Commission has been consulted on both draft laws and its assessment is that the data protection provisions in both laws are still not aligned with the EU acquis, in particular with the General Data Protection Regulation (GDPR) and the Law Enforcement Directive (LED)," they said.

The delegation pointed to two options: either to align the provisions with the EU acquis before adopting the law, or to adopt the law and align the provisions before closing the accession negotiations.

They say that the European Commission will closely monitor the implementation of the law and "in particular expects the competent authorities to implement merit-based recruitment in the police and establish appropriate procedural guarantees". They also state that the EC expects Montenegro to ensure that any dismissal is based on justified reasons and that the persons concerned have full access to legal remedies.