Montenegro has made progress in the fight against corruption, but further reforms and stabilization of the institutional system are necessary, given that more than half of citizens believe that corruption is widespread in Montenegrin institutions. This was announced at the conference "Anti-corruption policy of Montenegro - Did we deserve a positive IBAR?", organized by the Center for Monitoring and Research (CeMI).
Head of the Department for Public Policy Research, CeMI, Nemanja Stankov, presented key findings from the public opinion survey "Corruption and Shadow Economy Research: Attitudes and Experiences", conducted in August 2023 using the unique SELDI methodology - CMS Corruption Monitoring System.
"In the area of the fight against corruption, I would like to point out that during 2023, significant progress in the institutional sense of corruption was achieved only in November and December, when significant steps were taken towards the normalization of the functioning of the judicial branch of government with key appointments in the judiciary," said Stankov, as reported PR Center.
He said that with the appointment of the seventh judge of the Constitutional Court and three members of the Judicial Council, a prerequisite was created for the implementation of the rule of law and, consequently, an effective fight against corruption.
"After the reporting period, at the beginning of this year, the Supreme State Prosecutor was appointed, which completed the institutional structure of the prosecution organization. The recently adopted Strategy for the fight against corruption 2024-2028. offered a strategic framework for the fight against corruption after a long time," Stankov said.
He believes that the adoption of the popularly called IBAR laws in the Assembly further improved the legislative framework for Chapters 23 and 24.
"CeMI welcomes this progress, but also recognizes that the situation in this area is still not at a satisfactory level, with full understanding of the fact that the reform process is long-term, and that we expect an intensive period of work on improving the institutional structure and capacity to fight corruption," he said. is Stankov.
He pointed out that CeMI conducted a public opinion survey using the unique SELDI methodology for assessing vulnerability to corruption, explaining that they collected data on the perception and dynamics of corruption, (intolerance) of corruption, and personal experiences of respondents.
"When it comes to the perception of corruption, the results of the survey show that 53.5 percent of respondents believe that corruption is very widespread in Montenegrin institutions. In terms of clerical positions, citizens perceive the greatest spread of corruption among customs officers (19.3 percent) and police officers (19.1 percent), while in terms of public officials, leaders of political parties are at the top of the list with 24.7 percent," Stankov said.
Speaking about the (in)tolerance of corruption, Stankov said that 55.7 percent of respondents believe that they would have to offer a bribe in order to solve a problem, but that the attitude of 56.4 percent of them is encouraging that regardless of the circumstances, they would not pay a bribe, and that in a hypothetical situation if they were in a clerical position, 77.2 percent of respondents would not accept a bribe if offered to them.
"In terms of personal experiences, the fact that the vast majority of respondents were not in a situation where they were directly or indirectly asked for a bribe is encouraging. However, if you ask them what their experience was with state institutions, they will say that in rare cases they have done some corrupt act - 10.3 percent of respondents did a favor, 12.6 percent gave a gift, and 8.3 percent money in order to solve a certain problem. Stankov said.
During the panel "National Corruption Assessment Report for 2023: Improving Anti-Corruption Policies - IBAR and the Way Forward":
Head of the Legal Department at CeMI and member of the National Council for the Fight against Corruption Vladimir Simonovic he reminded that CeMI strongly supported the creation of the Strategy for the fight against corruption, expecting its adoption by the end of the previous year.
"However, the previous government did not take any action in this regard. The new government also did not start work on the development of the Strategy on time, which resulted in a document created in just a few months, without an in-depth analysis of priority areas," Simonović pointed out.
Simonović also pointed to the positive side of the Strategy and its flexibility, which enables the expansion of areas of special risk for corruption after the annual analysis, stating that the document focuses on the judiciary, police and customs, urban planning, public procurement, work of local self-government and state enterprises.
"The scope of this Strategy depends on the political will to implement reforms. The problem of lack of transparency and effective control of the financing of political parties is one of the key challenges. Amendments to the Law on the Financing of Political Entities and Election Campaigns have not taken place since 2020, despite the obvious shortcomings," Simonović pointed out.
He explained that CeMI identified the abuse of state resources as a specific form of political corruption that is characteristic of countries in transition.
"Abuse was recorded during all elections, including last year's presidential election, which indicates the need for an urgent solution to this problem," Simonović said.
He emphasized the need for a serious approach when drafting the new Law on the Financing of Political Entities and Election Campaigns, avoiding half-solutions and meeting only the minimum requirements of the European Union.
"If there is political will now, then that potential should be used to the end," Simonović assessed.
Director General of the Directorate for Criminal and Civil Legislation in the Ministry of Justice Jelena Grdinić she highlighted the key steps and changes implemented by that department in order to improve the legislative framework for the fight against corruption.
She explained that these measures are part of the effort to meet the temporary criteria from Chapter 23 of the negotiations with the European Union.
"The Ministry, with the support of the Council of Europe and in consultation with the European Commission and the Venice Commission, implemented significant changes in the legislation related to the protection of whistleblowers," Grdinić said.
She pointed out that at this moment they could improve the existing provisions, but that the plan is to draft a special Law on whistleblowers.
"One of the most important novelties is the introduction of judicial protection for whistleblowers, which was not previously provided for by law. This will enable more efficient implementation of recommendations and increase citizens' confidence in the system. The new law enables internal reporting (to the employer) and external reporting (to the Agency for the Prevention of Corruption), as well as public disclosure of irregularities, which will further empower persons who report corruption," said Grdinić.
According to her, the issue of the deadline for initiating proceedings attracted public attention, stating that after consultations it was decided to extend the deadline to ten years, in order to enable a more effective verification of applications and reports on the assets and income of public officials.
"Also, the Agency for the Prevention of Corruption has been given access to the bank accounts of public officials, which increases the transparency and control of their property declarations. Details of the situations in which this right can be used will be prescribed by secondary legal acts. A clear categorization of public officials is also planned in order to precisely determine what rights and obligations they have, especially in the context of reporting on assets and income," said Grdinić.
She said that obligations to adopt integrity plans and integrity checks have been introduced for persons applying for Agency directors and council members, which is a recommendation of the Venice Commission.
"These changes are aimed at increasing efficiency and transparency in the fight against corruption, along with harmonization with European standards and directives," Grdinić said.
Director of the Rule of Law Program, Embassy of the United States of America in Montenegro Jessica Carl she pointed out that help in the fight against corruption is one of the main priorities of the embassy.
"Since December 2021, when President Biden announced the first US Anti-Corruption Strategy, corruption has been recognized as a key national security interest. This strategy links security and the fight against corruption, highlighting the importance and resilience of democratic institutions," said Carl.
He believes that corruption hinders economic growth, destabilizes governments, fuels global insecurity and undermines basic services, which weakens citizens' trust in institutions and undermines democracy.
"The USA and Montenegro work together to solve these problems, because they are stronger as partners who share experiences and establish regional and international networks for cooperation. "Montenegro is an important ally of the US, a partner and candidate for EU membership, and an important beneficiary of US aid," said Carl.
She pointed out that the focus of US aid is on strengthening the capacity of national institutions in the fight against serious crime.
"The capacities of specialized state prosecutor's offices and police units to fight corruption have been increased, specialized teams of prosecutors and inspectors have been established to work on cases of high-profile corruption and organized crime," said Karl.
She said that the USA also supports the role of civil society in the process of fighting corruption.
"Civil society is key in prevention and responsibility, and cooperation with it is key to improving the rule of law. "Civil society organizations contribute to raising awareness, prevention campaigns, participation in the formation of policies and monitoring the implementation of anti-corruption measures," Karl pointed out.
She ordered that the USA, in coordination with international partners and the Montenegrin government, continues to provide technical and expert support, equipment donations and training to strengthen the capacity of the judiciary, judges, prosecutors and police officers.
"The goal is a long-term systematic solution that will support Montenegro's path to the EU," Karl pointed out.
Chief negotiator in the National Office for Negotiations on Montenegro's Accession to the European Union Predrag Zenović through online involvement, pointed out that the state has made significant progress in the fight against corruption, as well as that it deserved to receive the IBAR.
According to him, with the advice of the European Commission and other relevant authorities, Montenegro managed to draft legal solutions that received the green light from the European Commission.
"Corruption and mechanisms for its suppression are key aspects in Chapters 23 and 24 in the EU accession process. "Significant strides have been made in legislation, such as the autonomy of the Agency for the Prevention of Corruption and direct access to bank accounts without the owner's permission," Zenović believes.
He pointed out that Montenegro did not have a strategic framework for the fight against corruption since 2014, but relied on action plans.
"The recently adopted strategic document represents an important step forward. The fight against corruption in Montenegro is systemic and it will be necessary to further improve legislation and implement anti-corruption policies in order to achieve concrete results," Zenović believes.
He emphasized the importance of education and continuous work on improving the institutional framework.
He also assessed that Montenegro deservedly received a positive assessment from the European Commission, but that there is still a lot of work to be done in order to prove the implementation of legal solutions and achieve clear results in the fight against corruption.
President of the European Movement in Montenegro Momcilo Radulović he pointed out that corruption in Montenegro is not only an institutional problem, but also the result of historical, social and cultural heritage.
Radulović particularly pointed out the necessity of strengthening the legislative framework and the efficiency of institutions dealing with the fight against corruption.
He cited the example of the Law on the Prevention of Corruption, for which initiatives for changes have existed since 2019, but were only recently adopted.
"All that was needed was a little political will from all political subjects to adopt very important solutions in the law much earlier," said Radulović.
He pointed to problems in the functioning of the judiciary and the prosecution, stating that the overload of judges and poor working conditions are major challenges.
"The number of judges will not increase in this way, it will only decrease. The number of subjects will not decrease, but will only increase. And what will happen to you? A complete collapse of the judicial system will happen to you," warned Radulović.
He assessed that, although there is a strong political will of the European Union to push Montenegro towards membership, the key to success lies in internal reforms and coordination between institutions.
"Institutions cannot be misused for political and party purposes, nor for the purpose of personal calculations," said Radulović.
The event was held within the project "Civil Society for Good Governance and the Fight against Corruption in Southeast Europe: Building Capacity for Evidence-Based Advocacy, Policy Influence and Citizen Engagement (SELDI.net)" which is financially supported by the Delegation of the European Union.
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