Đukanović's lawsuit dismissed as premature, awaiting the Administrative Court

The Basic Court in Podgorica did not decide whether the Agency for the Prevention of Corruption (ASK) violated the honor and reputation of former Montenegrin President Milo Đukanović, because it rejected as premature his claim for compensation for non-pecuniary damage in the amount of 5.000 euros.

Đukanović sued for damages for violation of honor, reputation and dignity, claiming that the ASK decision, which determined that he had not submitted a report on income and assets related to the increase in assets in 2019, was unlawful.

The Basic Court, however, found that the claim was premature, because the legality of the ASK decision is under consideration before the Administrative Court of Montenegro, following a lawsuit filed by Đukanović in that proceeding.

The reasoning of the judgment stated that deciding on the merits of a claim for compensation for non-pecuniary damage while an administrative dispute is ongoing would put the civil court in a situation where it indirectly assesses the legality of the administrative act, which is not permitted.

The court also rejected the claim in the part relating to the public publication of the ASK decision and the statement of the Agency Council member, stating that these allegations are also substantively and causally related to the disputed decision, on the legality of which the Administrative Court has not yet issued a final decision.

In his lawsuit, Đukanović claimed that the ASK decision presented him as a criminal and arrogant person, unworthy of his office and reputation, and that his dignity was violated, stating that he had performed the functions of President and Prime Minister of Montenegro honorably and conscientiously for more than two and a half decades.

The Basic Court indicated that Đukanović has the right to re-file a claim for damages after the final conclusion of the administrative dispute or the possible annulment of the disputed decision of the KAS, because this judgment does not consider the legal matter in question to have been finally adjudicated.

Note: The first version of the text stated that the Agency for the Prevention of Corruption did not violate Đukanović's honor and reputation, because the Basic Court rejected his lawsuit as premature.