ASK also sees it as a possible violation of the law

Montenegrin director Nikola Vukčević will again appeal to the Administrative Court after the Corruption Prevention Agency (ASK) made an almost identical decision on his alleged conflict of interest.

Two days ago, the court annulled the earlier decision of the ASK, which found that the then vice-president of the RTCG Council was allegedly in a conflict of interest because he directed the film, however, the Agency yesterday in a retrial determined that Vukčević "could have been" in a conflict of interest. Allegedly, according to KAS, even in that situation, the well-known Montenegrin director violated the provisions of the Law on Public Broadcasting Services, which refer to conflict of interest, as well as the Law on Prevention of Corruption.

Lawyers believe that laws do not know "could have been", but only "if he did", so they believe that the director could be in a conflict of interest only if he subordinated private interest to public, and not if he could do it.

Vukčević announced on his Facebook profile that according to such an interpretation, everyone is guilty by birth, because he "could" have done something.

"They say: it could have been. He could have, but he didn't, gentlemen. The point is precisely that it was not: the mentioned film was not broadcast on RTCG, and TVCG has nothing to do with that project, and precisely by the fact that it was not - the member of the Council showed that he did not break the law...", Vukčević wrote on his Facebook profile .

ASK, headed by Sreten Radonjić, announced that the decision was the same, only it was explained in more detail, according to the instructions of the Administrative Court, how the directing of the film and the fee from the independent production of Vukčević brought a conflict of interest.

They further explained the decision by the fact that Vukčević could decide, as a member of the Council, that his film be broadcast on RTCG and cause a conflict of interest.

"...In the way that, fulfilling the contractual obligation from the contract concluded with 'Galileo Production', he directed the film 'Roma and some foreign stories', in what way could he come into a conflict of interest that as a member of the RTCG Council, whose competence is to adopt the programming documents, the work plan and the work report of RTCG, decides that the film in question will be broadcast on the programs of Television of Montenegro, in which way it would achieve private material or non-material interest, in the form of royalties for the use of its author's work", says the ASK document.

Lawyers believe that this explanation does not hold either, considering that according to the RTCG Act, the Council adopts program plans, and they are proposed by the general and program directors. Therefore, they believe, a member of the Council cannot decide what will be included in the program, he can only vote for the plan.

The council, as a governing body, can make recommendations for changing the plans, if it does not adopt them.

Vukčević was relieved of his duties in the Council by the ruling coalition last year by the majority of deputies in the Assembly and thus regained the majority in that body and control over the RTCG.

KAS announced yesterday that DPS does not affect their work, as well as that the parliamentary Administrative Committee, which proposed the director's dismissal, conducted a procedure independent of them.

Vukčević described the new decision of ASK on Facebook as "wit".

"And while ASK deals with what I could (and didn't), I suggest that they look around and see what is being done in Montenegro, which could be their job."

Vukčević must be returned to the RTCG after the verdict becomes final

Action for Human Rights (HRA) believes that the Assembly would have to return Vukčević to the RTCG Council if the Administrative Court ruled that the decision of the ASK was illegal.

"The legal basis for the dismissal of Vukčević will definitely disappear when the judgment of the Administrative Court becomes final. Then the Assembly would have to return him to the position of member of the RTCG Council from which it illegally removed him. If by any chance this does not happen, all semblance of fairness and confidence in the rule of law in state affairs would be lost," the HRA statement reads.

The Assembly announced two days ago that the annulment of the Agency's decision would not have any legal consequences for that chamber, because the Administrative Board conducted a completely separate procedure from the KAS.

They announced that in the case of his former colleague from the RTCG Council, Goran Đurović, who was also dismissed by the Assembly at the end of last year, they filed a complaint with the Basic Court. In a case similar to his, they claim, the Supreme Court established the jurisdiction of the Basic Court upon revision.