The fact that institutions are no longer required to submit decisions on employment and engagement of persons during the election campaign to the Agency for the Prevention of Corruption (AKC) has taken away one of the key tools of AAK for controlling employment in the public sector during future election processes.
The Law on Financing Political Entities and Election Campaigns (LFSPIK) stipulates that during the election campaign, persons may exceptionally be employed for a fixed term only if that position is provided for in the act on job systematization.
Amendments to the ZFPSIK from July 2025 also prohibit the conclusion of service contracts and contracts for temporary and occasional work, as well as amendments to the systematization of job positions during the election campaign. These measures now also include state- and municipal-owned companies, as well as independent, autonomous and regulatory agencies, which was not the case previously.
However, at the same time, there is no longer a legal obligation to submit all public sector employment decisions, along with supporting documentation, to the Agency within three days of their adoption. The abolition of the obligation to submit decisions leaves the ASK without a basic source of information on the basis of which it could initiate controls, the deputy said for Raskrinkavanje.me. Executive Director and Director of the MANS Research Center Dejan Milovac.
"In other words, ASK should now detect irregularities without the data it needs to do so. It's like expecting the tax inspectorate to control tax payments, but denying it access to tax returns. If control is based on ASK subsequently requesting documentation from institutions or reacting only after reports from citizens and the media, the system will be slower, less efficient and more susceptible to concealment of abuses," says Milovac.
He adds that MANS's experience shows that data on employment and engagement during campaigns were among the most important indicators of possible misuse of state resources.
"That is why the obligation to submit such decisions to the ASK within a short period of time was introduced, so that the control would be preventive, not subsequent. Now we are in a situation where one of the rare mechanisms that enabled timely supervision is being abandoned. It is difficult to expect that the control will be more efficient if the ASK will no longer have automatic insight into the decisions it is supposed to control. In practice, this means that potential abuses will be much more difficult to detect while the campaign is ongoing. And the control that comes after the elections generally does not have a deterrent effect and cannot nullify the political benefits achieved through illegal employment," says Milovac.
However, ASK assures that despite the new legal solutions, the Agency will continue to use all legally prescribed powers to obtain data, information and documentation, which they say are necessary for conducting supervision and determining possible violations of the law.
"The obligation to publish the act on the systematization of jobs and concluded contracts on the official website of the authority will be of particular importance for ensuring transparency and efficient implementation of controls. In addition, the Agency will act on all submitted complaints, reports and other information that may indicate possible irregularities in the application of the Law," the Agency said in the responses submitted to our portal.
They emphasize that the Agency welcomes the amendments to Article 44 of the Law on Financing of Political Entities and Election Campaigns, which explicitly prohibit the hiring of persons on the basis of service contracts and contracts for temporary and occasional work during the election campaign.
"At the same time, it is important to emphasize that the Law does not introduce a complete ban on employment during the election campaign. Employment is still possible in cases where it concerns jobs provided for in the systematization act, in accordance with the law. In this segment, it is necessary to ensure full transparency of the process, through the publication of the systematization act and concluded contracts on the official website of the authority without delay. At the same time, it is necessary to ensure that the systematization act may not be changed during the election campaign," ASK added. They also state that the goal is to, while fully respecting the legal framework, continue to provide the public with access to relevant information that contributes to strengthening trust in the election process and efficient supervision of the implementation of the Law.
"It is particularly important that the institutions responsible for monitoring the implementation of the Law on Free Access to Information act efficiently and fully cooperate with the Agency in the procedures for controlling mandatory data disclosure. Such cooperation is crucial for the timely and complete determination of facts, as well as possible violations of the law by obligated parties," ASK added.
The scope of the reform will be shown by future elections.
ASK says that they will continue to regularly, timely and transparently inform the public about the results of the controls conducted, the facts established and any possible violations of the Law on Financing of Political Entities and Election Campaigns.
"The Agency believes that clearly defining the prohibition of engagement on the above contractual grounds will contribute to reducing the risk of misuse of public resources for electoral purposes, bearing in mind that these types of engagement are recognized in practice as particularly sensitive from the aspect of possible political influence during electoral processes."
They add that, however, the real scope and effects of the implementation of new legal solutions will only be fully understood through their application in practice and the implementation of supervision during the next election campaigns.
On the other hand, Milovac warns that the problem is much broader than just one article of the law, and that political corruption in Montenegro remains a systemic problem.
"Although significant political changes occurred in 2020, they did not lead to a fundamental change in the model of state resource management. Political actors have changed, but not the mechanisms through which parties gain political advantage by using institutions, public enterprises, and budgetary funds," he says.
He adds that experience teaches us that it is still possible to win elections in Montenegro through the misuse of public resources, politically motivated hiring, and various forms of buying political support, without serious fear of legal or political consequences.
"Even more worrying is the fact that we do not see enough political will to fundamentally change this situation," Milovac concludes.
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