The Institute Alternative announced that, within the framework of the work of the Working Group for the preparation of amendments to the Law on the State Prosecutor's Office, they have proposed a set of normative solutions aimed at strengthening integrity, transparency and accountability in the selection and work of state prosecutors.
The proposed changes, they said, aim to improve institutional review mechanisms, prevent risks to the impartiality and independence of the prosecutorial function, as well as further strengthen public trust in the Montenegrin judicial system.
One of the key proposals relates to the introduction of a prior security check for candidates for state prosecutors, announced the President of the Board of Directors of the Institute Alternative, Stevo Muk.
"It is envisaged that the Prosecutorial Council, ex officio, will request the implementation of a check by the competent authority, with clearly defined deadlines and obligations for action. A candidate who does not submit to the check or refuses to provide the requested information would be considered to have withdrawn from the application, which prevents the delay of the procedure and ensures equal treatment of all participants. The final decision on the existence of security obstacles would be made by the Prosecutorial Council, which strengthens the institutional balance and respects the constitutional position of this authority. For the full implementation of the proposed solution, it is necessary to amend existing laws or adopt a special law on security checks, modeled on the experiences of European Union countries," the statement reads.
The Alternative Institute has also proposed the introduction of mandatory verification of income and assets of candidates for state prosecutors already at the stage of applying for a public advertisement, as well as "in-depth verification" in promotion procedures.
"This solution enables a timely assessment of the integrity of candidates and the identification of potential risks of conflict of interest or corruption, in accordance with modern standards of transparency and accountability of public officials. The proposed amendments also include the necessary harmonisation of the Law on the Prevention of Corruption so that the obligation to submit reports on income and assets also applies to candidates for prosecutorial positions," said Muk.
The Alternative Institute proposes introducing a legal obligation for state prosecutors to report events and circumstances that may threaten their independence, impartiality or integrity, or undermine public trust in the work of the state prosecutor's office. "The proposed norm includes, among other things, attempts at influence and pressure, communication with persons against whom proceedings are being conducted, offering gifts or other benefits, establishing financial or business relationships with risky persons, as well as other situations that could objectively question the perception of impartiality," Muk explained.
The proposed solutions, he said, introduce disciplinary liability in cases of failure to report events of importance to integrity, with a distinction between minor and serious breaches of duty, depending on the consequences for the reputation of the state prosecutor's office. At the same time, it was emphasized that the mere reporting of risky circumstances does not represent an admission of responsibility, but rather an instrument of prevention and protection of professional integrity.
"The Institute Alternative's proposals can improve the transparency of selection and promotion procedures, and contribute to the creation of a more resilient and credible state prosecution," the statement reads.
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