The government exceeded its authority and acted contrary to the law when, at its session on April 16, it directly appointed the president of the Board of Directors of the Clinical Center of Montenegro (KCCG).
The Medical Doctors' Union informed the Prime Minister's Office last month Milojko Spajić that the decision they made was illegal and must be annulled, but the response to the initiative has not arrived, nor has the error been corrected.
The Government did not respond to "Vijesti" to comment on the SDM's allegations and whether and when they will cancel the appointment decision, while the Ministry of Health said that it "is considering with due care all initiatives and legal positions coming from relevant expert and professional organizations."
"At the session of the Government of Montenegro held on April 16, 2026, decisions were made on the dismissal and appointment of the founder's representative on the Board of Directors of the Clinical Center of Montenegro, within the scope of the competences that the Government has as the founder of this institution. The aforementioned acts were published in the Official Gazette of Montenegro and have legal effect in accordance with applicable regulations," they said.
The government cannot directly elect the president.
SDM stated in the initiative that the Government, at its 123rd session, held on April 16, adopted a Decision on the appointment of Dr. Tamara Tapušković for the President of the Board of Directors of KCCG, which is illegal and must be annulled.
"Namely, Article 71 of the Health Care Law stipulates that the bodies of a health institution are the board of directors and the director, and that the board of directors and the director of the health institution are appointed and dismissed by the founder, unless otherwise prescribed by law. Article 72, paragraph 4 of the same law stipulates that the president of the board of directors is elected from among the members who are representatives of the founder," said the SDM.
They explained that the Statute of the KCCG stipulates that the Board of Directors has seven members, of which three are employee representatives and four are founder representatives, and that the president is elected from among the founder representatives. They further pointed out that the Rules of Procedure of the Board of Directors stipulates that the president and deputy president are elected by the members of the Board of Directors at the constitutive session, by public vote, by a majority vote of all members.
"It clearly follows from the above that the Government appoints the members of the Board of Directors, but not the President. The President is elected by the Board of Directors itself from among its members who are representatives of the founders. Therefore, the Government does not have the authority to directly appoint the President of the Board of Directors," the SDM pointed out.
They claim that it is particularly problematic that Dr. Tapušković was dismissed from her membership in the Board of Directors at the same meeting, which is why she could not be appointed as president. The president of the Board of Directors, they claim, can only be a person who is a member of the Board of Directors.
"By adopting the disputed decision, the Government exceeded its powers and acted contrary to the law, the Statute and the Rules of Procedure. It is proposed that the Government of Montenegro, at its first subsequent session, annul the said decision as unlawful and ensure that the election of the President of the Board of Directors is carried out in accordance with applicable regulations," reads the initiative sent to the Government on April 27.
The Ministry of Health says that they are "aware that in legal practice, certain procedural issues may be subject to different interpretations."
"That is precisely why, on April 28, 2026, the Board of Directors of the Clinical Center of Montenegro, after considering the relevant provisions of the Statute and Rules of Procedure, unanimously confirmed the election of Dr. Tamara Tapušković as President of the Board of Directors, which further confirmed the institutional continuity and legal certainty in the work of this body," they replied to "Vijesti".
A dangerous message from the government
"Despite the warning we sent to the Government two weeks ago, in which we clearly pointed out the illegality of the Decision on the appointment of Dr. Tamara Tapušković as the President of the Board of Directors of KCCG, there has been no institutional reaction to date," the SDM president told "Vijesti". Milena Popović Samardžić.
She believes that the Government, by remaining silent, has confirmed that it is knowingly ignoring the legal procedures it is obliged to respect.
"What is even more serious is that in this case the Government is not only ignoring the law, the Statute of the KCCG and the Rules of Procedure of the Board of Directors, but is also acquiring powers that do not belong to it under the current regulations. Laws and bylaws do not exist to subsequently adapt to political will, but to limit the arbitrariness of the executive branch, prevent abuses and prevent illegal influence on the work of public institutions," she said.
Recalling the legal provisions, Popović Samardžić pointed out that the Government's actions do not only represent a formal violation of the procedure, but also raise serious questions about the legality of the work of the Board of Directors of the KCCG formed in this way, because decisions made by a body whose composition or method of constitution is questionable may be subject to challenge in legally prescribed procedures. This, she claims, creates the risk of legal uncertainty, an institutional vacuum and a blockade in the work of the largest health institution in the country.
"Instead of removing the obvious illegality, the Government chooses to remain silent about it. Such an attitude towards regulations sends a dangerous message that legal procedures are strictly applied when it comes to ordinary citizens, employees and professionals in the system, while for party cadres and holders of political power, other rules are applied and some selective (in)justice is carried out," said Popović Samardžić.
What is worrying, he claims, is the double standards of the executive branch, which expects citizens to respect every procedure, every deadline, and every formal requirement, while the Government reserves the right to act outside the law when it is politically convenient.
"That is precisely why the rules on the appointment of management bodies in public institutions are of particular importance - they should prevent political control, institutional arbitrariness and the transformation of public institutions into an extended arm of party interests," she emphasized.
Popović Samardžić said that the SDM once again calls on the Government to immediately annul the illegal decision and enable the election of the President of the Board of Directors of the Croatian Medical Center to be carried out in the manner prescribed by the Law on Health Care, the Statute of the Croatian Medical Center and the Rules of Procedure of the Board of Directors.
"The KCCG is not a party resource, but the most important health institution in the country. Its management bodies must be formed legally, transparently and in accordance with the prescribed procedure. Any other action threatens the trust of employees, patients and the public in the legality of managing the health system," said Popović Samardžić
Official's diagnosis published
In the decision to dismiss Dr. Aleksandar Magdelinić, the Government and the Ministry of Health stated his diagnosis, or rather the health condition due to which he resigned.
Popović Samardžić assessed that such conduct is particularly concerning and represents a gross violation of the right to privacy and protection of personal data, bearing in mind that health data is particularly sensitive personal data that enjoys a special degree of legal protection.
"There is no public interest that can justify the health data of an individual, even a public official or member of a governing body, being entered into a public document in a way that enables their further dissemination and accessibility to third parties," she said.
The AZLP told "Vijesti" that they would, ex officio, initiate a supervision procedure.
See more:
Download the app and follow the news
FOLLOW US ON
