Brussels noted with concern the adoption of amendments to the laws on internal affairs and the National Security Agency (ANB) despite strong criticism from the opposition and civil society, and called for transparent procedures and genuine cooperation and consultations, in particular on all laws related to the European integration process, with all relevant stakeholders, including the opposition, legal experts and the European Commission (EC).
This is stated in the European Parliament (EP) report for Montenegro, which "Vijesti" had access to. The report, prepared by the rapporteur for Montenegro, Marjan Šarec, will be discussed in the EP today.
The report concluded that, despite some institutional progress, corruption and organized crime are still present in several sectors of the Montenegrin economy and public institutions, and that Montenegro remains vulnerable to attempts at manipulation in the information space, both from abroad and from within.
"... Whereas the Commission stresses the need to close the space for foreign interference and manipulation of information, including disinformation, as well as to strengthen the resilience of society... Russia seeks to strengthen its influence in the Western Balkans, including in Montenegro, to this end strategically using religious, cultural and so-called value narratives aimed at shaping public discourse and undermining Euro-Atlantic integration," the document states.
It is also stated that foreign policy projects that attempt to gain cross-border influence based on ethnicity or religion carry the risk of undermining the sovereignty and constitutional order of the countries in the region, and that "the future of the Western Balkans lies in European integration, not in competing geopolitical spheres of influence or regional connections along ethnic lines."
It was also assessed that all political actors are encouraged to remain focused and maintain the momentum towards the successful conclusion of accession negotiations, and to intensify their efforts towards the implementation of necessary reforms, and the need for political stability and constructive cooperation between political parties in this regard was emphasized.
"It calls on all state bodies to act in a spirit of institutional responsibility, ensuring that political differences do not delay the adoption and implementation of reforms related to EU accession... stresses that preserving the strategic goal of EU membership must remain a common state priority above all party considerations... calls on the Parliament and Government of Montenegro to prevent identity politics from diverting attention from the EU agenda, or straining relations with its neighbours, thus ensuring that Montenegro remains firmly on course towards the EU," the report states.
Concerned about interference from China, Russia and Serbia
The document also states that the EP "remains deeply concerned" about the persistent and growing malign foreign interference, destabilizing activities, hybrid threats and disinformation campaigns by third-country actors in Montenegro, which aim to undermine democratic institutions in Montenegro, as well as social cohesion and the strategic orientation towards membership in the EU and NATO.
"It underlines that such interference poses a direct challenge to the rule of law, democratic governance and state sovereignty; it particularly points to the malign influence of China, Russia and Serbia," it added.
Concern was also expressed about the political instrumentalization of religious institutions by external actors, stating that religious organizations must act transparently and independently of foreign political influence, with full respect for the constitutional and secular order of Montenegro.
The importance of the Parliament in the accession process was highlighted, and the key role of the legislative chamber in ensuring democratic accountability, parliamentary oversight and transparency of the legislative process was underlined.
"... Encourages constructive dialogue and cooperation across the political spectrum with the aim of adopting high-quality legislation that addresses or significantly improves the situation with regard to structural problems and enables Montenegro to progress on its path to EU accession... Stresses that close cooperation between the Government and the Parliament is crucial for the timely and efficient implementation of reforms... Underlines that the acceleration of the legislative process should not limit meaningful parliamentary debate or the role of the opposition, and calls for finding an appropriate balance between the pace of reforms and the quality of legislative scrutiny," the report said.
The EP called for faster appointments to the judiciary, applying procedures based on the principles of meritocracy and transparency, free from political influence and based on expertise and integrity, and implemented without procedural delays, including appointments to vacant positions in the Constitutional Court and the Judicial and Prosecutorial Council, in full compliance with the requirements of the final benchmarks.
The "crucial" role of a fully functional Constitutional Court for the stability of the legal order and electoral framework was also emphasized, and "serious concern" was expressed over the continued delays in the appointment of a Constitutional Court judge, which carries the risk of undermining the full functionality of one of the key institutions for the protection of the rule of law and the EU integration process.
They called on Montenegro to further align its legal framework with the EU acquis and European standards in the field of independence, accountability, impartiality, integrity and professionalism of the judiciary, and to implement the remaining recommendations, adding that they also call for greater efficiency of the judicial system, including in terms of reducing the number of backlogs of cases, especially when it comes to corruption and organized crime cases, which is crucial for increasing public trust and meeting the conditions for EU membership.
"The EP recalls that the final benchmarks require proof of results in practice, including improved working conditions, sufficient staffing and efficient case management, as persistent structural deficiencies continue to affect the efficiency of the judiciary," it said.
Continued large-scale recruitment in public administration
The report also states that the EP noted that experts from the civil society sector expressed serious concerns regarding the substance of the government's draft amendments to the regulations relating to the Prosecutorial Council, in the sense that they do not serve the purpose of meaningfully strengthening its independence, or that they may even make it more difficult to ensure truly independent membership in the Prosecutorial Council.
"The EP notes with concern the adoption of amendments to the Law on Internal Affairs and the Law on the National Security Agency despite strong criticism from the opposition and civil society... The EP calls for transparent procedures and genuine cooperation and consultations, in particular on all laws related to the EU integration process, with all relevant stakeholders, including the opposition, legal experts and the Commission," it added.
They strongly condemned the frequent political and public pressure on judges and state prosecutors and called on the competent institutions to react quickly and effectively to protect their independence and integrity.
It was noted that the EP notes with concern that the continued large-scale recruitment in public administration, without transparent criteria and clear needs assessments, undermines the principles of recruitment based on meritocracy and professionalisation, calling for the further depoliticisation of appointments to senior positions within the public sector, as well as the introduction of clear performance-based appraisal mechanisms and continuity of expertise.
The EP pointed out the need for a sensitive and inclusive resolution of identity debates with the aim of preventing polarization and building a broad consensus on issues of key interest for the independence, sovereignty and European path of Montenegro.
"The EP reiterates its concern about the attempt to amend the Montenegrin citizenship law in the Parliament to allow for the acquisition of dual citizenship, which could have serious and long-term implications for the decision-making process and the country's identity... The EP encourages the authorities to continue consultations and coordination with the EU on any potential changes to the legislation to ensure that it is fully aligned with the EU acquis and international standards, and that it upholds fundamental rights," it states.
Revisionism, war crimes and the "Serbian world"
The document states that the EP reiterates its concern regarding the display of political revisionism by certain political actors, which undermines the system of accountability and deepens social divisions, and that it strongly condemns any glorification of war criminals and public denial of war crimes.
"The EP expresses concern about political concepts and narratives in the region that promote cross-border unification or coordination based on the principle of ethnic identity, including the so-called Serbian world, and that question the sovereignty and territorial integrity of neighboring states... The EP calls on regional actors to respect the independence of Montenegro and refrain from interfering in its internal affairs... The EP emphasizes that such narratives are inconsistent with the principles of good neighborly relations and the EU accession process... The EP emphasizes that the future of the Western Balkans lies in EU integration, not in competing geopolitical zones of influence," it states.
The report calls on Montenegro to fully align with EU standards and to fully implement all remaining recommendations made by the Office for Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe (OSCE) and the Group of States against Corruption (GRECO), in particular with regard to transparency in reporting political party expenditures, including the use of funds intended for women's organizations in political parties, political advertising on the Internet, including the disclosure of sponsors and criteria for selecting target audiences, as well as preventing the misuse of state resources, updating the voter register and resolving the issue of residence registration.
"The EP recalls that this should be done through a transparent and inclusive consultation process with all relevant stakeholders; calls on the Montenegrin authorities to systematically protect the information space related to the elections in the period leading up to the elections by establishing channels for rapid cooperation between the election administration, media regulators and competent authorities, in order to detect and respond to campaigns of coordinated disinformation and unlawful interference, in full respect of freedom of expression," it added.
Regret was also expressed over the fact that national minorities, vulnerable groups, including Roma and Egyptians, people with disabilities and LGBTIQ+ people, in Montenegro still face discrimination, hate speech, especially in the online environment, as well as hate crimes, but also deep concern over the massive continuous construction in the area of Boka Kotorska, which is under UNESCO protection, which adversely affects the preservation of heritage and the protection of natural sites, and called for the finalization of the legal protection of Miločer Park.
"The EP strongly condemns all hate speech, including online, as well as hate crimes... The EP welcomes the increase in the number of prosecutions for racism and hate speech, but expresses concern about the insufficient action against speech, public addresses or symbolic acts that glorify war criminals or revise historical facts... The EP encourages Montenegro to strengthen its institutional response to hate speech, ensure effective investigations and prosecutions and fully align with the EU acquis," the report says.
Concerns were also expressed regarding the resort to informal summons and investigative questioning of journalists, columnists and civil society actors based on their criticism of public officials.
"The EP expresses concern about the continued political influence exerted on the Public Service and calls on the authorities to respect court proceedings, restore legality and provide guarantees for the institutional and editorial independence of the Public Service... The EP calls on Montenegro to align its media legislation with the European Media Freedom Act and to increase its resilience to foreign influence and disinformation... The EP calls for full transparency of media ownership structures and foreign sources of funding, especially where there is a connection to political actors or interests of foreign states, in order to prevent covert external influence on public discourse in Montenegro," it states.
They also called on the authorities to ensure that the adoption of legislation related to the EU accession process does not bypass the requirements of public debate and established standards of participatory governance.
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