Indictments against high-ranking state officials and final verdicts in high-level corruption cases are the most important for building public trust and the country's progress in negotiations with the European Union (EU) in the area of the rule of law and the fight against corruption, said Nataša Novaković, an expert in the field from Croatia.
In an interview with the MINA agency, she said that Croatia's experience in accession negotiations with the European Union (EU) has shown that the fight against corruption represents one of the most demanding, but also the most important segments of the entire process.
According to Novaković, Chapter 23 – Judiciary and Fundamental Rights was particularly demanding and required Croatia to undertake in-depth, structural and long-term reforms, not just formal harmonisation of legislation with the EU acquis.
"The biggest challenge in the fight against corruption was the transition from a normative approach to proving real results in practice," said Novaković.
As she pointed out, the European Commission (EC) did not evaluate exclusively the adoption of laws and strategies, but rather their effective implementation, measurable effects and concrete judicial outcomes, especially in cases of high corruption.
"Strengthening the institutional framework and operational independence of the bodies responsible for combating corruption was key," said Novaković.
She explained that special attention has been paid to strengthening the Office for the Suppression of Corruption and Organized Crime (USKOK), improving the work of the police and the state prosecutor's office, developing specialized investigative capacities, and ensuring their full professional and political independence.
"At the same time, extensive reforms of the legislative framework were implemented, including improving criminal legislation, strengthening the system for preventing conflicts of interest, regulating the financing of political activities, as well as increasing transparency in the area of public procurement and management of public funds," Novaković stated.
As she said, special emphasis was placed on preventive mechanisms, digitalization of procedures, and reducing the space for discretionary decision-making.
Novaković emphasized that Croatia, especially within the framework of Chapter 23, was required to establish a comprehensive, efficient and independent system for preventing conflicts of interest in the performance of public duties.
"The EC considered this area a key part of the preventive fight against corruption, with particular emphasis on the political level of government," said Novaković.
As she pointed out, the most important requirement was to prove results in practice, not just institutional reforms.
This, according to Novaković, meant the filing of indictments against high-ranking state officials, final verdicts in cases of high-level corruption, visible statistical progress, and continued work regardless of political changes.
"The EC explicitly emphasized that the political message must be that no one is above the law," said Novaković, adding that this meant that prosecutions must include the highest levels of government, there must be no political exceptions, and that cases must be conducted regardless of political affiliation.
When asked how similar the situation in Montenegro is today to Croatia and what key challenges she recognizes when it comes to the fight against corruption, Novaković said that Croatia's experience has shown that there is no single and universal "successful recipe" in the fight against corruption.
"The fight against corruption is not a one-time task that ends with EU accession, but a long-term and continuous process. It is precisely the sustainability of reforms after the conclusion of negotiations that represents the greatest challenge that Croatia is still struggling with in some areas," Novaković stated.
However, as she added, several key elements of success can be highlighted - clear and lasting political will, independent and professional institutions, strong accountability mechanisms, transparency of public authority, an effective judiciary, and an active role of civil society and the media.
She believes that Montenegro is in a somewhat worse, but quite similar position compared to the one in which Croatia was.
Novaković singled out the limited number of final verdicts for high-level corruption, political influence on the judiciary and administration, insufficient financial investigation of criminal offenses, high risks in public procurement, and limited capacities of the Agency for the Prevention of Corruption as key challenges in Montenegro.
Commenting on the criticism that Montenegro has faced for years due to insufficient progress in the area of the rule of law, Novaković said that Montenegro needs to make radical positive changes as soon as possible.
"Because unfortunately (or fortunately) the EU's demands will not disappear, the sooner this is understood and real reforms are initiated, not just normative ones, the sooner you will move forward," said Novaković.
For this, he claims, one must have political courage and be prepared to bear the consequences.
Novaković said that it is important that Montenegro does not carry out all these reforms just for the sake of joining the EU, but for its own development.
"Without that, there is no way forward. Without real progress in the above areas, Montenegro could remain in this unenviable situation for years to come," Novaković emphasized.
She believes that political will is the decisive factor in the fight against corruption.
"You have to look within your own ranks to see if there is corruption, which is never easy," said Novaković.
In addition, as she stated, any major reform can lead to the loss of elections, because "you always infringe on someone's rights if you implement a reform."
"Not to mention how much money you can squeeze out of someone's pocket with anti-corruption measures," Novaković said.
However, as she emphasized, that is exactly what is required - decisively and clearly against corruption.
She said that it is difficult to answer whether there is real political will in Montenegro to fight corruption, adding that it is a fact that some reforms are being implemented and that efforts are being made to push forward.
"But it must be uncompromising and efficient, with clear statistics," said Novaković.
Asked how important court trials and verdicts against high-ranking officials are for building public trust and the state's credibility before the EU, Novaković said that indictments against high-ranking state officials and final verdicts in cases of high-level corruption are the most important for building trust.
"The public does not evaluate the judiciary and the rule of law based on unimportant, small court proceedings; the public demands that the law be equal for all and that the "untouchables" are finally punished. Without that, there is no trust in institutions, nor progress in negotiations," Novaković said.
As she added, the fact that spectacular arrests are made means nothing if the property gains are not confiscated, if the person does not end up with a final verdict.
Commenting on the allegations about "captured institutions" in Montenegro, Novaković said that the worst thing that can happen to a society is for institutions to be politically captured.
She said that this was also a problem in GRECO reports for Croatia, recalling that it is often mentioned that the selection of judges should be changed so that it is more independent of politics.
Novaković explained that the EU asked Croatia to strengthen the independence of USKOK within the State Prosecutor's Office, to more clearly define its jurisdiction, and to ensure protection from political influence.
"One of the key requirements of the EC was the establishment of a special, institutionally and operationally independent body tasked with implementing the law on preventing conflicts of interest," Novaković stated.
When asked about the anti-mafia law, which is being sought by certain actors in Montenegro, Novaković emphasized the importance of the issue of the origin of property, adding that she would support the adoption of such a law with serious consequences.
"Every law can be a dead letter on paper, but in any case, passing a law at least gives a chance for some real big change to happen. Without good laws, there are no chances," Novaković said.
When asked what would be the most realistic and concrete indicator today that Montenegro is truly making progress in the fight against corruption, Novaković said that these are court rulings and continuous work on changing political culture.
"The choice of professionals, not those suitable for important positions. In the end, it all depends on the people you give the power to manage," said Novaković.
Bonus video:
