Ministry of Justice: We are open to all proposals and suggestions during the public hearing

They said that the proposal for a legal solution was forwarded to the European Commission (EC) on March 29, and to the Venice Commission (VK) on April 2.

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Ministry of Justice (Illustration), Photo: TV Vijesti
Ministry of Justice (Illustration), Photo: TV Vijesti
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

The Ministry of Justice is open to all suggestions and proposals regarding the law on prevention of corruption, which is under public debate, but also regarding all legal solutions that are in the process of being drafted, said the department.

The Ministry of Justice said that the Draft Amendments to the Law on Prevention of Corruption was prepared in a working group, which consists of domestic and international representatives and experts of the Council of Europe.

"We are very sorry that despite several public calls for the participation of the non-governmental sector in the working group for the drafting of that law, no one came forward, because this is the best proof that all non-governmental organizations (NGOs) dealing with legal issues should be involved", they stated from the Ministry.

They said that the proposal for a legal solution was forwarded to the European Commission (EC) on March 29, and to the Venice Commission (VK) on April 2.

This, as the Ministry of Justice said, emphasizes their commitment to transparency and cooperation in that process.

From that department, they stated that, also, at the end of this month, the VC will organize a special meeting with all relevant actors.

"Which additionally confirms our desire to respect all views and suggestions in order to pass a quality law and additionally points to the transparency of the work of the Ministry of Justice regarding the drafting of that law, but also the determination that Montenegro gets the law it needs," the announcement says.

The Ministry said that, in accordance with Article 44 of the Law on Prevention of Corruption, initiation, management and other procedural issues are undertaken in accordance with the law governing administrative procedure, unless the Law on Prevention of Corruption provides otherwise.

They said that the additional position, that the initiated procedures cannot be initiated after the expiration of the five-year period, was prescribed in accordance with the recommendations given in the analyzes of the Council of Europe.

"And to whom it was pointed out that the law should have a statute of limitations for the initiation of administrative or other legal proceedings in which it is decided whether a public official has violated the provisions of the law on the prevention of corruption," the announcement says.

The Ministry stated that, accordingly, when defining the statute of limitations for initiating administrative or other legal proceedings related to the violation of the provisions of the Law on Prevention of Corruption, they had in mind the provisions of Article 55 of the Law on Payment Transactions.

Those provisions, as they said, stipulate that payment service providers are obliged to keep documentation on payment service users, payment transactions, balance and changes in the payment account of payment service users for five years.

"In order to objectively inform the public, it is important to emphasize that the proposed text is not, as stated, the proposal of Minister Andrej Milović, but of the working group," says the announcement.

The Ministry of Justice, as they said, remains as always open to all suggestions.

From that department, they said that it is not necessary to sign petitions and write open letters to the institution, which, as they stated, keeps the door open for all interested parties to actively participate in the law-making process.

"However, if there has not already been cooperation in the working groups, we appeal to all who deal with this issue to join the public debate, submit comments and suggestions in order to improve the proposed solution," the announcement states.

The Ministry said that they are sure that through joint efforts, Montenegro will get a legal solution that will meet the needs of society and contribute to strengthening legal security and the fight against corruption.

"The Ministry of Justice of Montenegro remains committed to that important goal and thanks everyone who contributes to that process," the government department said.

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