"I am the director of the Agency for the Prevention of Corruption, according to the letter of the law, until further notice," the former director of that institution said yesterday. Jelena Perović in front of employees and journalists, but after that, however, she submitted a petition to the ASK Council asking it to suspend the procedure for her dismissal, "Vijesti" learned.
She tried to enter the director's office yesterday, claiming that the Administrative Court had ruled that she should return to that position. In a subsequent submission to the Council, the body said, she admitted that she was aware that the Administrative Court had ordered a new, legal decision in the event of her dismissal.
The Administrative Court did not provide additional clarification to "Vijesti" yesterday when asked whether Jelena Perović is the director of the Agency, following their verdict last week.
According to the Administrative Dispute Act, when a court annuls an act or other administrative activity against which a dispute was initiated, the case is returned to the state it was in before the annulled act was adopted.
"If, according to the nature of the administrative matter that was the subject of the dispute, another act should be adopted or another administrative activity undertaken instead of the annulled act or other administrative activity, the defendant public authority is obliged to adopt that act or undertake the other administrative activity without delay, and no later than 30 days from the date of delivery of the judgment. The defendant public authority is bound by the legal understanding of the Administrative Court, as well as by that court's observations regarding the procedure," the Law states.
According to the interpretation of several lawyers consulted by the editorial team, this means that the ASK Council has a deadline within which it will either dismiss Perović again or reinstate her, after first dismissing the acting director of that institution. Dusan Drakić.
ĆUPIĆ: WE ACCEPT THE VERDICT
President of the Council Pavle Ćupić confirmed to the editorial office yesterday that Perović's submission had been received by that body.
"The information you received is correct. Ms. Perović has submitted a request to the ASK Council requesting the suspension of the proceedings, which indicates that the proceedings are ongoing. In my opinion, it follows that the current state of affairs regarding the top position in the Agency cannot be changed until the proceedings are completed," said Ćupić.
In the submission, Perović, among other things, states that "taking into account the content of the proposal, based on which you issued a decision on my dismissal on 15. 8. 2024, and the content of the decision of the Administrative Court of Montenegro U no. 6009/24 of 16. 5. 2025, it is necessary for you to suspend the procedure for my dismissal."
"Namely, pursuant to Article 93 of the Law on the Prevention of Corruption, the ASK Council cannot establish violations of the Law on the Prevention of Corruption and the Rules of Procedure of the ASK in relation to any public official, including the Director of the ASK. The only thing you can do legally and for which you are certainly competent is to initiate such a procedure, in the manner prescribed by the Law on the Prevention of Corruption, which clearly defines the rules and conduct of administrative proceedings in which only violations of anti-corruption laws can be established. I also point out that the decision of the Budget Inspection, to which you refer in the decision for dismissal, was annulled as unlawful by the decision of the Administrative Court of Montenegro U.br. 3910 /24 of 13. 6. 2024, and therefore is not in the legal order, nor can any decision be based on it," states Perović in yesterday's submission, which, according to unofficial information, was submitted to the Council after she left the Agency, and she signed it as Director.
She previously spent several hours in the Agency's premises, trying to enter the director's office, which she failed to do because it was locked.
When asked by "Vijesti" whether such a letter from Perović means that she was aware that the Administrative Court had not reinstated her to her position at the Agency during her attempt to enter the director's office yesterday, but also commenting on everything that happened yesterday in that institution, Ćupić said that "any similar events do not contribute to the reputation of the institution."
"And I hope that such scenes will not be repeated, but that the procedure before the Council will be completed, which is only in accordance with the verdict of the Administrative Court of Montenegro," said Ćupić.
According to him, the Council of the Agency for the Prevention of Corruption will act as ordered by the Administrative Court.
"I would like to point out that a Council session has already been scheduled in this regard, where the Administrative Court's ruling will be discussed. I would also like to point out the fact that the acting director of ASK was elected in a legal and legitimate manner. On the other hand, the Administrative Court did not order in its ruling that Ms. Perović must return to work. There cannot be two top managers in one institution," said Ćupić.
The Administrative Court announced on Friday that it had annulled the decision of the ASK Council to dismiss Perović, and in the ruling ordered that body to make a new, lawful decision.
"The defendant authority will, in the retrial, taking into account the reasons from this judgment, in accordance with the Administrative Dispute Act, make a new, lawful decision," the judgment states.
DRAKIC CLAIMS THAT SHE THREATENED EMPLOYEES
The former head of the Anti-Corruption Agency came to the institution yesterday morning, claiming to be its director.
Perović also said that she "cannot understand why anyone would even ask a question after the Administrative Court's decision."
She said that she would respect the decision of each institution, but that she was "the director of the Agency by the letter of the law until a new decision."
Perović said that the Council will adopt, or rather initiate a new procedure to determine whether she should continue to be the director or not.
"After the completion of this procedure, we will respect every decision of the Council and every other state institution," Perović told the media yesterday.
Defense Attorney Perović, attorney Nikola Martinovic, said that he did not make a statement on Friday last week because he "expected that Drakić would respect the decision of the Administrative Court."
"This decision simply states that the dismissal of Jelena Perović is not in effect and that things are returning to the way they were before her dismissal, and she was the director for a full term before her dismissal," said Martinović.
Acting Director of ASK Dušan Drakić yesterday called on the Council of that institution to do its job and emphasized that they are the only address to "say whether they want Perović at the head of that institution."
Drakić also said that Perović threatened the employees and said, "You'll see in two months, none of you will be at work."
Police Directorate officers were also sent to the Agency yesterday, and they also spoke with the employees.
“He welcomed the brother of a Council member”
The President of the Agency's Representative Union, Nevena Stevanović, called on the Council yesterday to come and vote in order to resolve the situation.
"The return of Jelena Perović was being prepared, and one of the people who welcomed her this morning was the brother of one of the Council members. I hope this will be resolved, because Perović is the person who forced me and 10 other women to establish this union because of the torture we went through during her mandate," said Stevanović.
According to information from "Vijesti", the Council session is scheduled for Friday.
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