The Council of the Agency for the Protection of Personal Data and Free Access to Information (AZLP) will pass a decision on the dismissal of the director today Ivan Medojević, "Vijesti" learns.
The conclusion about the dismissal, as told to the editors, was brought at yesterday's session, under the item "miscellaneous".
Medojević told the media that there were two members of the Council at the session - Muhammad Gjokaj i Zoran Vujicic, but not the president Željko Rutović.
The former director of AZLP was appointed as the acting director Čedomir Mitrović.
The Council of the Agency did not respond to "News" about what were the reasons for Medojević's dismissal, whether there was a procedure before that, what part of that procedure was followed, whether they received the necessary documents/explanations/statements. They were also asked whether the Council worked in full session yesterday, and if not, why the session was not scheduled at a time when all members were present.
Medojević announced yesterday that the reason for his dismissal was an alleged conflict of interest.
"In which I am because of the fact that my wife was appointed as an adviser to the Vice President of the Government of Montenegro. In this particular case, it is not about a conflict of interest, but about the arbitrariness of the Council of the Agency and a gross violation of the Law on the Protection of Personal Data", he stated in the statement he delivered to the media.
Last month, on November 16, the Government appointed the Deputy Prime Minister's adviser for the political system, judiciary and anti-corruption Hanu Medojević.
"Vijesti" previously asked AZLP director Ivan Medojević whether her appointment created the conditions for his resignation in accordance with the Personal Data Protection Act. Medojević denied a conflict of interest and said that the Personal Data Protection Act does not prescribe the conditions for the director's dismissal, and that the director of AZLP concludes an employment contract in accordance with the Employment Act.
"The reason for my dismissal is the question of the journalist ND 'Vijesti' in which she asked for clarification, both from me and from the Council of the Agency, regarding this fact, and regarding this issue, the Council of the Agency at the session held on 19.12.2023. issued conclusions in which they asked me as a director to explain these circumstances, and gave a deadline of three days for me to explain these allegations. Also, they came to the conclusion that they should turn to the Cabinet of the Vice President of the Government of Montenegro, in order to request an act on the appointment of my wife," Medojević said yesterday.
As he added, the Council did not comply with the three-day period it was given to express its opinion. In the meantime, a session was scheduled, at which a decision on dismissal was made.
"The session was held before they waited for what was requested, probably out of fear that some members may not be in their positions by the end of the term they stated, bearing in mind that the process of dismissing Muhamed is ongoing before the Parliament of Montenegro Gjokaja, due to the established violation of the law, while proceedings have been initiated before the Agency for the Prevention of Corruption to determine whether Zoran Vujičić has endangered the public interest, which points to the existence of corruption or the subordination of public interest to private interest," Medojević said.
As an additional reason for the dismissal, he said, he sees the fact that two days ago he informed the President of the Council, Željko Rutović, in writing, of new facts related to the already initiated proceedings before the ASK.
"And who additionally charge Zoran Vujičić, who, in his capacity as a citizen, that is, as a provider of 'expert' services at the non-governmental organization 'Citizen Alliance', without knowing the authority of the Council, arbitrarily signed a memorandum on cooperation between certain institutions and organizations, in the grossest possible way, violating law, as well as
work rules and the Statute of the Agency", Medojević said yesterday.
In explaining why he denies the conflict of interest that led to the Council's decision to dismiss him yesterday, Medojević said that the Act on the Protection of Personal Data does not apply to the Director of the Agency in case of dismissal.
Article 54 of the Law on Protection of Personal Data states the restrictions related to the appointment of the President and members of the Council of the Agency. One of the restrictions is that a person who is the spouse of a person who is a deputy or councilor, a member of the Government or a person appointed or appointed by the Government of Montenegro cannot be appointed as the president or member of the Council. According to that Law, the same restrictions apply to the appointment of directors.
The same Law prescribes the conditions for the dismissal of the president or member of the Council, but not the manner and conditions for the dismissal of the Agency's director.
"The Law on the Protection of Personal Data, in the part of the dismissal of the president or a member of the Council, is lex specialis, which means that no other legal regulations are applied, while the issue of dismissal and conditions for the dismissal of directors is not prescribed or regulated by the Law on the Protection of Personal Data, but by the Law on work", said Medojević.
This, he added, "is due to the fact that the director, unlike the president and members of the Council, concludes an employment contract for a certain period of time, i.e. for a period of four years".
"Which contract regulates his rights and obligations, as well as the consequences of violating work obligations, and based on the general collective agreement and the Labor Law, and even the measures that are a consequence of the violation of work obligations - a fine and termination of employment, of course through established liability and through the appropriate procedure. Therefore, there is no application of the analogy in these two cases", Medojević told "Vijesta".
In concrete terms, he added, there is also a difference between the working legal status of the president and members of the Council on the one hand, and the director on the other.
"This is due to the fact that the president and members of the Council do not conclude a work contract with the employer, so that due to the violation of work obligations, they can be dismissed through the determination of responsibility and through the appropriate procedure. On the contrary, they are appointed and dismissed by the Assembly. And that is precisely why the intention of the legislator, due to the impossibility to solve this issue in accordance with the provisions of the law regulating labor relations, to prescribe these relations, which concern the grounds for dismissal, in relation to the Council, in the Law on the Protection of Personal Data, which is the lex specialis Medojevic said.
As he said, this is not the first case of illegal dismissal of the AZLP director.
"...Because the Council of the Agency in 2015, by a majority of votes, with individuals who, unfortunately, were still in the Council, already illegally dismissed the director, and that the citizens paid for these illegalities with their own money with over 50.000 euros, without determining who responsibilities", said Medojević to "Vijesta".
In 2015, the Council dismissed it Bojan Obrenović, and appointed Čedomir Mitrović in his place. The Montenegrin courts made a final decision that Obrenović was illegally dismissed.
Medojević yesterday called on the competent institutions to determine illegalities in the work of the Council.
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