EC: KAS must be more independent, impartial and responsible

"Competent state authorities should effectively resolve all situations of possible illegal behavior in RTCG, in accordance with national legislation and relevant international and European standards," the EC said.

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Perović, Photo: Luka Zeković
Perović, Photo: Luka Zeković
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

The Agency for the Prevention of Corruption (ASK) must continue to strengthen its independence, impartiality and responsibility in its work, according to the report of the European Commission for Montenegro.

The EC says that the results of KAS have been further improved in a quantitative sense, but that the way of managing that institution, as well as the way of working, have been criticized in connection with the formalistic approach "which hinders the efficiency of work".

They remind that KAS was without a Council from July 2023 until the end of July 2024, and for a time without a director, after Jelena Perović was arrested on April 17.

"In April 2024, the director of the Agency was arrested for allegedly abusing her official position and causing damage to the state budget for more than 100.000 euros. The investigation led by the Special State Prosecutor's Office is ongoing," the report states.

In the meantime, the new KAS Council dismissed the former director and appointed the former head of the KAS sector for controlling the financing of political entities and election campaigns as acting director.

"The appointment of a director with a full mandate will be made through a public call. The independence, impartiality and responsibility of the KAS should continue to strengthen", emphasized the EC.

They also state that an institutional framework for preventing corruption has been established, and warn that it needs to be strengthened, both in terms of prevention and in terms of law enforcement capacity.

"The prosecution and the courts must significantly improve the effective application of criminal legislation, including preventive measures. In this sense, good progress was achieved with the adoption of the new Law on Prevention of Corruption in June of this year, with the aim of harmonizing it with European standards. That regulation includes new provisions to improve the protection of whistleblowers pending the adoption of a separate law. In addition, amendments to the Criminal Code and the Law on Games of Chance were adopted, as well as the new Law on Prevention of Money Laundering and Financing of Terrorism," the report states.

The EC reminds that in May, Montenegro adopted amendments to the Law on Confiscation and Confiscation of Assets Gained from Criminal Activity, in order to resolve existing gaps in the legal framework and practice related to confiscation of property.

Nevertheless, the EC emphasizes that "there is room for improving the legal framework by further harmonizing it with the existing legal acquis of the EU, international standards and recommendations of the Venice Commission".

"Montenegro has yet to deal with several recommendations made by EU missions, but also by GRECO (Group of Countries to Fight Corruption)...The law on the financing of political entities has not yet been amended to fully harmonize with European standards, especially through compliance the recommendation of GRECO and ODIHR that it is necessary to significantly increase transparency, control the spending of political parties and prevent abuse of state resources, including sanctions. "Montenegro must ensure that this law is treated separately from the comprehensive legislative package of electoral reform," the EC said.

Competent to address illegal behavior in RTCG

In the part that refers to the media, the EC reminds that the courts have passed verdicts that marked as illegal the re-appointment of the General Director of the RTCG Council, Boris Raonic, in June 2023.

"The preliminary criminal investigation into this case is ongoing. The Director General of RTCG resigned in July 2024, but continued to serve as Acting Director General. In August 2024, the RTCG Council appointed the same person for a full mandate, which opened the issue of non-transparency and possible violation of legal procedures. Competent state authorities should effectively resolve all situations of possible illegal behavior in RTCG, in accordance with national legislation and relevant international and European standards," the EC said.

The report states that the authorities generally had a "quick and effective" response to new cases of violence against journalists.

"In April, the Supreme State Prosecutor (VDT) issued a binding instruction to all state prosecutors' offices, ordering the immediate intensification of investigations in cases of violence against journalists and attacks on media property. He also ordered the prosecutor's office to provide feedback as soon as possible on all recommendations of the Commission for monitoring cases of violence against the media...", the report states.

Raonic
Raonicphoto: Boris Pejović

It is emphasized that the authorities reported, and independent sources confirmed, a significant reduction in the number of cases of violence against the media in 2023, with the police registering 11 cases, while there were twice as many in 2022.

"However, concern remains over several incidents of harassment by high-ranking public officials reported by journalists in 2024," the EC emphasized.

They reiterated the position that the economic viability of commercial media is limited.

"The new Media Law introduced a significant increase in state funding of content of public interest in electronic, print and online media, raising the Fund for Media Pluralism and Diversity from 0,09% to 0,2% of the current state budget. This has made public funding a more significant source of income for commercial media," the EC added.

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