The prosecutors of the Basic State Prosecutor's Office in Podgorica are investigating whether the members of the Management Board of the Labor Fund abused their official position, but the seal of that institution.
That case was delivered to them from the Special State Prosecutor's Office (STP), after the new Law on STP came into force.
The report against the members of the Administrative Board was filed more than a year ago by the Independent Trade Union of the Labor Fund, claiming that the body did not have a president, and that the then member Nadja Pekić, in violation of regulations, represented as deputy president and signed the appointment decision Vesne Ćalović for the director.
"The acting prosecutor undertakes all measures and actions provided for by law. The case is under investigation," claims the institution he manages Dusko Milanović.
The labor fund has been without a full-time director for almost four years, and numerous competitions ended with the election of an acting manager and dismissals or resignations in the Board of Directors.
In the spring, the Appeals Commission overturned the decision of the Management Board from December last year, when that body judged that the director should not be chosen, because none of the candidates received the required number of votes.
The first-ranked candidate in the competition of the Human Resources Administration appealed against such a decision Ana Mrdovic.
"Examining the legality of the contested decision, at the behest of the Commission, in the process of its adoption, the first-instance authority committed a violation of the rules of administrative procedure, because the explanation does not contain reasons that, given the established factual situation, refers to the decision in the enacting clause, and the reasons given are unclear and unintelligible", it is stated, among other things, in the decision of the Appeals Commission.
In the last decision, it is reminded that according to the contested competition, the Management Board first decided to choose the third-ranked candidate Vesna Ćalović, but that even then the Commission appreciated that Mrdović's complaint was justified.
Ćalović was the state secretary in the Ministry of Public Administration when she was a minister Suzana Pribilović, in the Government Duško Marković. Mrdović was acting director of the Labor Fund during the mandate of the 42nd Government of Montenegro.
"In the retrial, the first-instance authority interviewed Mrdović and Ćalović, and received a decision not to appoint a director due to the fact that none of the candidates received the required majority of the votes of the members of the Board of Directors... That statement, according to the Commission, is not a sufficient reason for non-election ..." is stated in the decision of the Governmental Appeals Commission.
Lawsuit against the Appeals Commission
In March, the Management Board of the Labor Fund submitted a lawsuit to the Administrative Court against the Government Appeals Commission, seeking to annul the decision according to which they should repeat the vote for the director of that institution, based on the competition from December last year.
"...In this administrative matter, it is disputed that the defendant-second-instance authority did not fully establish the factual situation contained in all case files, assessing the entire course of the procedure, and only then make a decision on the basis of the established factual situation in relation to the appeal allegations", it is stated in the lawsuit, which "Vijesti" previously published.
Acting prosecutor undertakes all measures and actions provided for by law. The case is under investigation"
Bonus video:
