Aleksandar Radovic he cannot simultaneously be the director of the Police Administration (UP) and the head of the Financial Intelligence Unit (FIU), because those two functions are incompatible.
This is what the lawyer and former member of the National Security Council says Snežana Ionica and the Minister of the Interior Danilo Šaranović (Democrats). On the other hand, Radović claims that there are no legal obstacles to holding two positions.
Jonica told "Vijesta" that she believes that the functions of the director of the UP and the head of the FIU are incompatible on several grounds, and that this was pointed out by the legislator, who wrote that the assistant director of the FIU, not the director, is appointed to the head of the FIU, defining that the head FIU cannot manage other units at the same time, as well as specifying provisions that emphasize the FIU's complete independence.
He states that the Law on Prevention of Money Laundering and Financing of Terrorism (Article 85) stipulates that a person with the title of assistant director of the Financial Intelligence Unit, who meets the requirements for an assistant prescribed by the Law on Internal Affairs, is appointed as the head of the FIU. He adds that in the same act (Article 85 paragraph 2) it is written that the head of the FIJ cannot be the head of another organizational unit in the police at the same time.
"UP is an organizational unit in the Ministry of Internal Affairs (MUP), so its director (acting in this case) is, in addition to being the head of the organizational unit of the MUP, also the head of all organizational units in the police, so not just one ( or, as the law states, 'some other organizational unit') rather than all", Jonica assesses.
Radović was appointed by the previous government in July last year as the assistant director of the UP for the Sector for financial and intelligence affairs, while he was elected acting (acting) head of the UP 15 days ago, on the proposal of the prime minister Milojko Spajić (Europe Now Movement).
When asked if he thinks that in addition to the function of acting director of UP, he can also be the head of FIJ, given that the law stipulates that the head of FIJ cannot manage another organizational unit, Radović replied to "Vijesta" that UP "is not another organizational unit in this sense”.
“There is no legal interference that could be implied from your question. "Certainly, the incumbent is a forced temporary solution until the election of the head of the UP according to the competition," he said.
The day after the election of Radović, Saranović announced the announcement of a competition for police director "as soon as possible, preferably on Monday" on March 17, but that did not happen.
The FIJ is positioned within the UP as the Sector for Financial Intelligence Affairs (SFOP). As written on the Government's website, the FIJ is independent in the performance of its duties and the exercise of its powers in the performance of duties established by the Law on the Prevention of Money Laundering and Financing of Terrorism.
When asked why it is prescribed by law that one person cannot be the director of UP and the head of the FIJ, Jonica answers that this was done because international standards in this area require the independence and autonomy of the FIJ.
He reminds that the FIJ was once an independent body of the state administration - the Directorate for the Prevention of Money Laundering and Financing of Terrorism, adding that the merger of that unit with the UP caused international consequences for Montenegro, because the FIJ was excluded from membership in the Egomnt group in the spring of 2019, which brings together national FIUs.
"This happened because with this organizational change, the FIJ was deprived of its previous status as an independent body and was annexed to the UP. This problem was solved precisely by 'strengthening' the legal provisions on the independence and independence of the FIJ, which was given a specific status within the UP because it enjoys the independence proclaimed by law, and among other things, it is reflected in operational and financial independence. From this, it is completely clear how the unification of these two functions in one person could be interpreted in international circles if we know that only the joining of the FIJ to the police led to the exclusion from the Egmont Group", says Jonica.
Her opinion is shared by Minister Šaranović, who also refers to the provisions of the Law on Prevention of Money Laundering and Financing of Terrorism, which, according to him, explicitly defines that the head of the FIJ cannot simultaneously be the head of another organizational unit in the police, and therefore, he adds, nor the head of the entire police organization.
"The financial intelligence unit enjoys independence, which was proclaimed by the Law on Prevention of Money Laundering and Financing of Terrorism, and among other things, it is reflected in operational and financial independence," Šaranović told "Vijesta".
Recalling the exclusion from the Egomnt group, the minister states that with the formation of the FIJ as an organizational unit within the UP, it is more than clear that the same person cannot be the head of the police and head of the FIJ at the same time, because, he says, that way to the violation of the independence of the unit.
"It was precisely the proclamation of the independence of the FIJ in the amendments to the then-current law that led to the full membership of Montenegro in the Egmont Group again. According to the above, I believe that Mr. Radović, by submitting his resignation to the position of head of the FIJ or to the position of acting director of UP, will show responsibility and thus contribute to ensuring the legally guaranteed independence of this important unit", says Saranović.
According to the Law on Internal Affairs, the director of the UP and the head of the FIJ are appointed by the Government according to the same procedure - on the basis of a public competition, at the proposal of the minister. Jonica explains that the only important difference is in the conditions that must be met for the appointment - a "wider range of persons" can be appointed as the head of the PU, while for the head of the FIU, the mandatory condition is that the person has the title of assistant director of the PU, which, she says, reduces choice on several faces.
"... It is completely clear how important this position is if the procedure for his appointment is raised to the same level as the procedure for appointing the director of the police", Jonica assesses.
Radović's appointment as head of the UP culminated the smoldering conflict between PES and the Democrats regarding staffing in the security sector. Immediately before his appointment, Spajić's government rejected Saranović's proposal to appoint another police official to that position. Democrats and some lawyers claim that the Government, by concluding that it authorized Spajić to propose the acting director, violated the Law on Internal Affairs. That's why they announced a lawsuit to the Administrative Court.
Radović answers to himself
Snežana Jonica says that the Law on Internal Affairs (Article 12 paragraph 7) stipulates that the head of the FIJ for work is responsible to the director of the UP, which, she underlines, in this case would mean - that Radović is responsible to himself.
"Without going into the fact that the reasons for the 'personnel turmoil' in the Government are related to the appointment of the director of the UP, I point out the obligation of the Government to consider every step that may jeopardize the receipt of the IBAR (Report on the Fulfillment of Interim Criteria), and in the context of your questions, I call on the Government to assess where Mr. Radović is more useful or necessary - at the head of the police or FIJ, and to solve this issue urgently", says the former MP.
The interlocutor reminds that the OSCE in 2021, in a document dealing with police reform and assessment and recommendations on the state of good management in its work, emphasized that it is necessary for the Government to analyze and consider the decision to integrate the FIU into the UP, and that if decides that the FIJ remains part of the UP, it is necessary that the non-police character of that unit is clearly highlighted, and that its head is still appointed by the executive power. "I believe that it is clear even to laymen that there is no question of the 'non-police character of the FIJ' if the FIJ is managed by the director of the UP", states Jonica.
Šaranović can propose the dismissal of Radović from the FIJ
According to the Law on Internal Affairs, the minister can propose the dismissal of the head of the FIU.
Jonica says that the act stipulates that, in the case when the work of the police director, the head of the FIU, or the assistant director of the UP is evaluated twice in a row as "not satisfactory", the minister, based on his executive decision on the evaluation, submits to the government a proposal for the termination of the mandate of that person faces.
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