The Agency for the Prevention of Corruption has initiated proceedings against the former head of the club of councilors of the New Serbian Democracy Mitra Sušić and councilors of the Europe Now Movement (PES) in the Assembly of the Capital City Tamara Tapušković due to a possible violation of the provisions of the Law relating to the incompatibility of functions.
"Vijesti" previously announced that Šušić, in addition to being a member of the Board of Directors, has been a member of the Board of Directors of ToMontenegro since January this year, while Tapušković has been in the management body of the Clinical Center of Montenegro (KCCG) since December 2023. Šušić then claimed that "Vijesti" misinterpreted the Law, and Tapušković never answered the questions of the newsroom.
The Agency specified that several earlier opinions regarding the incompatibility of functions were invalidated, given that the previous management "creatively interpreted Article 14 of the current and Article 12 of the previous Law on Prevention of Corruption".
"In accordance with Article 14 of the Law on Prevention of Corruption ("Official Gazette of Montenegro", No. 54/24 of June 11, 6), which has been in force since June 2024, 12, as well as Article 2024 of the previous Law on the prevention of corruption, a public official cannot be the president or member of the management and supervisory body, executive director, member of the management of a company or legal entity that is state-owned, a public institution or another legal entity. However, with a "creative" interpretation of the provisions of Article 12, paragraph 14 and 1 of the Law on Prevention of Corruption, the Agency issued an opinion according to which the public official to whom your question refers (Tapušković), as a member of the Board of Directors of the Clinical Center of Montenegro, to which position first elected on December 2, 29, can also perform the function of councilor, to which she was elected on March 2023, 18," replied the Agency, which she manages Dušan Drakić.
They specify that the previous management interpreted that in that case it was not about incompatible functions, because Tapušković was elected to the position of councilor later, and "the function of councilor is not, nor can it be classified in the category of president or member of the management body and supervisory body, executive director, a member of the management of a company or a legal entity that is state-owned, a public institution or another legal entity".
"The introduction of the concept of first and second functions, as well as enabling the performance of two public functions based on that interpretation, represents a practice that the Agency will completely stop. All decisions, opinions and other acts in which the Law was interpreted in this way will be invalidated. We inform you that the Agency invalidated the opinion issued to the public official to whom your question refers and initiated a procedure to determine a possible violation of the provisions of the Law related to the incompatibility of functions. The appropriate procedure will also be initiated in relation to another public official to whom your interest relates", the Agency's answers emphasize.
Šušić previously answered the question of "Vijesti" whether he was aware of the fact that the Law on Prevention of Corruption stipulates that he cannot be a councilor in the local Assembly and a member of OD ToMontenegro at the same time, he said that this is not true.
"I think you also misread/interpreted the law," said Šušić, adding that the Agency did not sanction him because of that and that "there is nothing for it."
Asked then to, as a lawyer and lawyer, clarify Articles 13 and 14 of the Law on Prevention of Corruption, which provide that certain categories of officials, including councilors, cannot be presidents or members of the management bodies of state and municipal enterprises, Šušić said that "Article 14 paragraph four of the aforementioned Law defines which functions or tasks the councilor cannot perform".
This position prohibits councilors from performing the functions of municipal president, municipal vice president, chief administrator, secretary of the secretariat, head of special services, member of the board of directors and management board, executive director of companies and public institutions founded by the municipality, member of the council and director of the local public tourist broadcaster organizations, as well as other jobs within the functions appointed by the Municipal Assembly.
"Among other things, it was stated that 'a councilor can perform duties... except... a member of the board of directors... of companies founded by the municipality'. Accordingly, I believe that there are no barriers for a councilor to perform the work of a member of the management body of a company that is not owned by the municipality," Šušić said at the time.
The introduction of the concept of first and second functions, as well as enabling the performance of two public functions based on this interpretation, represents a practice that the Agency will completely stop. All decisions, opinions and other acts in which the Law was interpreted in this way will be invalidated", the Agency states
The agency previously made several decisions according to which citizens' representatives in local parliaments violated the law, because they were also on the boards of directors of state-owned enterprises.
Thus, in August 2019, the ASK decided that the Act was in violation Ammar Borancic, then councilor in the Bar Municipality Assembly, because he was on the Board of Directors of the state railway company Montekargo.
Previously, during 2018, the Agency made two decisions, according to which the two then councilors from Pljevlja were wrong about the Law Nataša Marković i Vlade Milinković because they were at the same time in the Board of Directors of the Coal Mine.
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