Instead of trying to manipulate the public, caricature the case and create a media circus, the attorneys Jelena Perović have every opportunity, within the deadlines prescribed by law, to request the enforcement of the judgment, or for the Administrative Court to issue an act that will replace the decision of the Council of the Agency for the Prevention of Corruption.
This was told to "Vijesti" yesterday by a member of the ASK Council. Mladen Tomović.
According to him, it's a simple matter.
"It is not disputed that the annulment of a legal act annuls the consequences that that act produced, but what is certainly disputed is the interpretation that Perović is currently the director of ASK, given the fact that after her dismissal, an acting (acting) director was appointed for a full term, whose term is not limited," said Tomović.
A new attempt to enter ASK
Former ASK director and her lawyer Nikola Martinovic Yesterday they were at the Agency for the Prevention of Corruption, but again they failed to enter the director's office.
V. d. director Dušan Drakić He told Perović and Martinović that “the Council should be allowed to do its part of the job, as ordered by the Administrative Court.” On Friday, the court announced that the decision of the ASK Council to dismiss Perović had been annulled, and in the ruling it 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.
Perović and her lawyer announced yesterday that they would continue to return to ASK, at around nine in the morning, even though the Agency's working hours are seven, because that suits Martinović.
Yesterday, after a new attempt to enter the Agency, Perović told reporters that she believes in judicial institutions even though she has been "going through something akin to torture" for a year.
"We have prepared criminal charges against certain individuals. We have witnessed certain statements that are legally unfounded," she said.
Martinović said that the goal of the arrivals is to "show that the institutions are also physically locked down."
"I expect them to also set up a machine gun nest...", he said.
Tomović: They want to intimidate employees
Tomović warns that the new "performance is only evidence and an attempt to create an image in the public's mind of certain illegal actions against Perović."
"...While on the other hand, it represents classic public spin and an attempt to create some material evidence that will be used tomorrow to file some criminal charges in order to intimidate the Agency's employees and attempt to violently take over the management of this institution," claims Tomović.
According to him, even if the court "resolved the merits of the dispute of full jurisdiction in the Perović case, and we have a legally elected acting director, she would not automatically return to the position of director of the Agency."
"On the contrary, it would be necessary for her to first apply to the ASK Council for reinstatement. After that, the Council would decide on her request, but before that, it would have to make a decision on the dismissal of the acting director. These are legal procedures. All other interpretations represent spin and a media circus created by Perović and her attorney in order to somehow caricature the entire process," claims Tomović.
According to him, the Perović lawyers and attorneys "know very well that the Law on Courts prescribes the jurisdiction of the courts, so the Administrative Court is not competent to order any enforcement, but only to assess the legality and appropriateness of an administrative act."
"In this sense, Perović's attorneys have every opportunity to, within the deadlines prescribed by the Law on Administrative Disputes, request the enforcement of the judgment, that is, the adoption of an act by the Administrative Court that will replace the decision of the defendant body, and in the event that the defendant body fails to act on the judgment. Also, if they believe that this judgment is meritorious, that is, that it means reinstating Perović to the position of director, then in a special enforcement proceeding, in regular courts, they can try to enforce that right, that is, exercise that right in the manner they claim. These are the only explanations I can give at this moment," said Tomović.
He emphasized that the allegations of attorney Perović that the Administrative Court overturned the Budget Inspection's findings are "factually incorrect and also represent new public spin."
"The Administrative Court annulled the only second-instance decision of the Ministry of Finance due to formal reasons because no decision was made on the exemption, after which that department issued a second-instance decision and decided on the exemption, as decided in the annulment reasons from the Administrative Court's judgment. This is the only truth in that case, and everything else is spin. The first-instance decision is still in full force, regardless of that fact, the decision to dismiss Jelena Perović was not made based on the findings, but on all individual decisions by which she took over the powers of the ASK Council and decided for herself on her own personal interest," concluded Tomović.
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