There is no rush for an integrity check: What will happen with the proposal to amend the Constitution in the part regarding the election of the Government?

The idea that a government cannot be formed and entered by someone who does not pass an integrity check will, according to the messages so far from the ruling and opposition parties, be difficult to accept and incorporate into the Constitution.

The key players in the parliamentary majority - the Europe Now Movement and the New Serbian Democracy - are silent when asked whether they will support the proposal to amend the highest legal act that the executive branch established last week and submitted to the Parliament, while the main opposition players are reserved, saying that they are not even sure that the government will vote for it. So far, only the Democrats and the Albanian Forum have announced certain support, while the Albanian Alliance MP Ilir Chapuni said he supports the idea in principle.

The proposal for amendments to the Constitution, which the Government unanimously approved five days ago, envisages that the Head of State will propose a Prime Minister-designate for the composition of the Government after an integrity check has been conducted, within 30 days of the constitution of the Parliament, and that a person who does not meet the integrity check requirements cannot be proposed as a Prime Minister-designate. The same should apply to future members of the executive branch.

The act that prescribes in more detail how the integrity check is carried out is the Law on the Government, which (in the form of a proposal) has been in the drawer of the first man in parliament for half a year. Andrije Mandić. The draft regulation stipulates that the integrity verification procedure is carried out by filling out a questionnaire and providing a statement on a prescribed form, and that this data is verified by the Agency for the Prevention of Corruption (ASK) and the administrative body responsible for tax collection. It is also stipulated that the candidate for prime minister-designate submits the questionnaire and form to the president, who sends it without delay to the competent authorities, which have a period of three working days to forward an opinion on the accuracy of the data.

To amend the Constitution, two-thirds support in the highest legislative chamber is required - at least 54 votes. The government cannot reach that number without the "hand" of the opposition.

Democrats and AF "for", opposition skeptical

The strongest opposition party, the Democratic Party of Socialists (DPS), told "Vijesti" yesterday that the Constitution is the highest legal act, not a toy of an "idle" Deputy Prime Minister. Moma Koprivica (who presented a proposal to amend the Constitution), so that it will be subject to changes and amendments from time to time. They add that they are not sure whether the proposal will be supported by the Prime Minister Milojko Spajic.

"... Since he would be the first victim of such changes, because a man who lied about not having citizenship of another country would not pass the integrity test. However, as far as the final position is concerned, let's wait for the proposal to be on the agenda, and then we will make a statement," said the DPS.

Their colleagues from the opposition benches, the European Union, told the editorial staff that the challenge with such proposals is the fact that the detailed criteria, method and procedure for verifying integrity, the authority of the authorities, deadlines, candidate rights and legal protection will be regulated by law, "which has not been presented to the public and MPs at this time."

"Constitutional and legal mechanisms should be defined in such a way that they are not a potential tool for abuse by any authority or institution, nor are they a potential tool for obstruction of the formation of government," they stated, adding that they would also like the executive branch to have proposed both the Law on the Government and this proposal in such a way that these solutions apply to the existing executive branch.

"This would certainly enhance the credibility of the proposal, especially considering that the Government is the largest in Europe and among the largest in the world with 33 members, that it has seven vice-presidents who, along with the Prime Minister, have over 30 advisors, and that the ministers have around 200 closest associates," they underlined.

On the other hand, the head of the parliamentary group of the ruling Democrats Boris Bogdanovic He stressed that the party supports the Government's proposal, stating that Montenegro has been given more than enough reasons to introduce such a mechanism.

"We have witnessed many of the highest officials of the former regime being accused of the most serious crimes, including organized crime and corruption... Citizens must have the highest possible level of certainty that the person entrusted with state power, the budget, the security system and the most sensitive information does not have criminal, corrupt, security-risk or other connections that could make them dependent on interests contrary to those of the state," he told "Vijesti".

Bogdanović assessed that, if integrity checks are required of people working in the security sector, then it is completely unacceptable that those who politically manage the system are exempt from such checks.

Vice President of the Assembly Nikola Camaj (Albanian Forum) told the newspaper that the position of the party he represents is clear when it comes to supporting the changes to the Constitution that are a condition for closing the chapter in negotiations with the European Union (EU).

"So - yes. That's how we see the proposals that are unanimously adopted by the Government, because this Government is very keen on meeting all EU expectations. By the way, I am personally a strong supporter of such proposals that guarantee that there can be no place in the Government for candidates without integrity, and I think that such people should not be granted a position even at the lowest levels of the executive branch, not even at a local level," he underlined.

Marić: Compensation

Coordinator of the Center for Civil Liberties (CEGAS) Boris Marić He sees this proposal as compensation because the text of the draft amendments to the Constitution did not include the Government's proposal to lift the immunity of its members for criminal offences in the field of corruption. He stated that the new proposal contains positive things, and that he believes it will be put on the agenda.

"Will it be adopted? I would give it a certain chance, considering that this matter is being addressed in the unplanned law on the Government, but what is written in the articles of that regulation would have to be reconsidered... I would give it a chance that it could be adopted, but it opens up a number of other questions, risks and dilemmas...", he told "Vijesti".

The proposal to amend the highest legal act to lift the immunity of members of the executive branch for criminal offenses in the field of corruption was approved by the Government, but it was not included in the text of the amendments to the Constitution, which were defined at the end of July. Although this issue is important for negotiations with Brussels, there was no official explanation for its omission from the draft text of the amendments. Koprivica stated last week that this proposal would also soon be before the deputies.

When asked how he views the integrity check process, Marić replied that it is a formal procedure that does not resemble a substantive check.

"I wouldn't completely rule out its importance, there are certain things that could be good, however, it is quite formalized... A substantive integrity check would be the answer to a number of questions. First and foremost, you need to define integrity, second - who is the independent body that will check it, apart from ASK and tax authorities. Filling out questionnaires and forms is not enough, it needs to be elaborated...", the interlocutor pointed out.

Marić says that the question of who and how conducts the checks is also raised, how much it should be expanded, which databases should be used, and what exactly is considered an integrity risk. He also asked whether the decision is eliminative if the "first integrity finding" is negative, or is there a possibility that the disputed point can be removed within a reasonable time.

"Countless legal issues are being raised and I think the key thing has been missed, which is a serious, professional and general public debate that could have defined many of these things before we entered the procedure...", he said.

Čapuni: Support in principle is not a final decision

Ilir Čapuni, a member of parliament from the ruling Albanian Alliance, said that the coalition supports the government's proposal in principle, stating that such a solution could contribute to the prevention of corruption, greater accountability of executive authorities, and strengthening citizens' trust in institutions.

However, he notes that support in principle does not mean that they have already made a final decision.

"Before that, we must carefully consider the proposed text, the method of conducting the review, the institution that would conduct it, the decision-making criteria, and the mechanisms for protection against possible political abuse," he added.

Čapuni emphasized that the order of political priorities is also very important for them, stating that they believe that the Parliament and the Government must complete reforms that directly affect the lives of citizens and the functioning of local communities before opening new constitutional issues.

"Among them is the reform of the management system of the Coastal Zone, which is unanimously requested by all coastal municipalities," he pointed out.