The Agency for the Prevention of Corruption intends to declare as public officials representatives of the civil sector in the Working Group for Amendments to the Law on Prevention of Corruption, which was formed by the Collegium of the President of the Parliament of Montenegro, Danijela Đurović.
This results from the Agency's response to the questions of "Vijesti", as well as the letter, which the institution sent to the Parliamentary Anti-Corruption Committee, requesting that data on the members of the Working Group be submitted to them, in order to update the database.
In addition to MPs, the Working Group also includes representatives of the civil sector - Vanja Ćalović Marković from the Network for the Affirmation of the Non-Governmental Sector and Ana Đurnić from the Alternative Institute.
Ćalović Marković told "Vijesta" that this is "another example of the selective attitude of the Agency, because no person in any working group, and many were appointed by the Parliament and the Government, was declared a public official".
In March 2022, the Agency, in cooperation with the Council of Europe, began the analysis of the Law on the Prevention of Corruption and during the year implemented two of the three planned phases, the focus of which are the provisions related to the functional independence of this institution and the conflict of interest and property records of public officials. The third phase should be completed in the first quarter of this year.
"The working group was not appointed by the Assembly, but by the Collegium of the President of the Assembly, we do not have any public authority, we do not make decisions about anything, we give proposals and suggestions on how to improve one of the key anti-corruption regulations, and the Agency is boycotting that process. Instead, the Agency is trying to somehow win some of its personal battles with this dangerous precedent for civil society. This shows the personal relationship of the Agency, in my case, which was caused by our monitoring of the work of that institution and the discovery of the way in which they deal with the budget, as well as the attitude towards the violation of the Law on the Prevention of Corruption, and also in the part of competence related to the financing of political parties." , said Ćalović Marković.
According to her, the Agency "exaggerated this time".
"They are not aware of the consequences it can have. Not for us individually, who are in that working group, but for the participation of the civil sector in the drafting of any law, in the work of the Assembly... We have a number of working groups that refer to negotiation chapters, the drafting of laws, and no one has been declared a public official. The very definition of public functionary shows that the NGO members in this working group are not that," warned Ćalović Marković.
After a detailed analysis, changes to the Law will be made or a new one will be written, the Agency told "Vijesti".
Instead of participating, they asked for a list of members
In March 2022, the Agency, in cooperation with the Council of Europe, began the analysis of the Law on the Prevention of Corruption, and at the end of December, the Collegium of the President of the Parliament of Montenegro formed a Working Group dealing with the amendment of this legal act.
Members of the working group are two representatives of the government and the opposition, as well as two representatives of non-governmental organizations. Two members of the opposition in the working group were not appointed.
On February 2, Coordinator of the Working Group Dragan Bojović (Democratic Front) sent a letter to the Director of the Agency and the President of the Council of the Agency Jelena Perović and Momčil Radulović to take part in that body "in the form you decide, as an active participant or as an observer".
"We expect your positive response as soon as possible, in order to inform the Collegium of the President of the Parliament of Montenegro about it," Bojović's letter states.
It is added that, in order to make the work of the Working Group more efficient, the representatives of the Agency should provide them with the opinions, suggestions and comments of the experts on the Law on Prevention of Corruption with whom they cooperated, as well as their proposals for amendments, apart from the analyzes of the Council of Europe, which the working group already possesses. .
Instead of an answer about participation, a letter from Perović was filed on the same day, stating that in order to update the data in the Agency's register of public officials, it is necessary "that within three days of receiving this letter, you provide us with the decision on formation and personal data (JMB, date and place of birth) for members of the Working Group".
A few days later, the representative of the DF called on the leaders of the Agency again to appoint a representative as soon as possible, who would participate in the work of the working group in the already offered formats, noting that it is "of particular importance for the progress of the state of Montenegro in terms of fulfilling the conditions from European agenda".
As for requesting the decision on the formation of the working group and personal data of the members, Bojović directed Perović to the Collegium of the President of the Assembly.
Agency: The working group is at risk of corruption
When asked by "Vijesti" whether it requested that members of the Working Group be declared public officials, the Agency said that the Law determines which persons become public officials.
"The agency does not have the authority nor does it deal with declaring any person a public official," the answer states.
The Agency did not answer whether the Assembly invited its representatives to participate in the Working Group for drafting the Draft Law on Amendments to the Law on Prevention of Corruption and in what format.
"The formation of working bodies, working groups and commissions in the state, which is based on the rule of law, must be harmonized with legal regulations. The Parliament of Montenegro, the highest representative body and holder of legislative power, should be an example of legal work. The Agency received a conclusion from the Assembly on the formation of a Working Group for drafting the Draft Law on Amendments to the Law on Prevention of Corruption, which is fraught with high corruption risks. That's why we made an opinion on that act", said the Agency.
After the elimination of corruption risks, the Agency will, they said in the answers, be a constructive partner to all those who aim for the rule of law and the accession of Montenegro to the European Union.
The working group has had several sessions so far, and the next one is today. The deadline by which the Working Group should finish its work is May 1.
"Education of the working group using the broad discretionary powers of the President of the Assembly and part of the deputies, members of the Parliamentary Anti-Corruption Committee, lack of transparency, and without predetermined conditions and criteria, is an unequivocal corruption risk that calls into question the future work and legitimacy of this working group", it is stated. in last week's opinion of the Agency.
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