A little bit of a foreign language is needed, a little bit of a foreign language is not needed

In half a year, two rulings by the Administrative Court in the case of the appointment and dismissal of Goran Danilović to AKOKVO, both of which deal with the issue of whether or not he should have proven his knowledge of a foreign language;

"After discussing the disputed legal matter in its entirety, the court decided on the merits, in a dispute of full jurisdiction in accordance with the provisions of Article 36 of the Law on Administrative Disputes, and annulled the disputed decision of the Government of Montenegro as unlawful," the United Nations said.

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Two court positions regarding the certificate of foreign language proficiency: Danilović, Photo: BORIS PEJOVIC
Two court positions regarding the certificate of foreign language proficiency: Danilović, Photo: BORIS PEJOVIC
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

After just over half a year, the Administrative Court changed its mind - against the former director of the Agency for Control and Quality Assurance of Higher Education (AKOKVO). Goran Danilović It was not necessary for him to prove his knowledge of a foreign language, because, the three-member Panel of Judges claims, this was not provided for in the public competition.

According to information from "Vijesti", the Council of Judges, Svetlana Radosevic, Veljko Vujović i Lidija Novović, annulled the decision of the Government of Montenegro to dismiss Danilović from January 14, and appointed her as acting Tatjana Ćalasan.

Just half a year earlier, the Council of Judges, composed of Medina Musovic, Tatjana Krpović i Tamara Bulajić, issued a ruling according to which Danilović was unlawfully appointed to the position of director of the Agency in 2023, because the competition stipulated "knowledge of English or French - level A1, but it is unclear how the fulfillment of this criterion was determined given the fact that the selected candidate did not submit a certificate to that effect."

When asked if and when Danilović will return to the Agency, the Ministry of Education, Science and Innovation told "Vijesti" that they have not yet received the court's verdict.

They stated that they learned about the verdict from the media.

"The Administrative Court has issued a ruling annulling the Government's decision to dismiss the Agency's director, and that decision was issued following a ruling by the same Administrative Court from November last year," the Ministry of National Education and Research said.

They also spoke out from United Montenegro, the party of which Danilović is the president.

"The Administrative Court of Montenegro annulled the decision of the Government of Montenegro dismissing Goran Danilović from the position of Director of the Agency for Control and Quality Assurance in Higher Education. Danilović was thus reinstated as Director. After discussing the disputed legal matter in its entirety, the Court decided on the merits, in a dispute of full jurisdiction in accordance with the provision of Article 36 of the Law on Administrative Disputes, and annulled the disputed decision of the Government of Montenegro as unlawful," it was announced on the Facebook page of Ujedinjena.

According to the Administrative Dispute Act, when a court annuls an act or other administrative activity against which a dispute was initiated, the case is returned to the state it was in before the annulled act was adopted.

"If, according to the nature of the administrative matter that was the subject of the dispute, another act should be adopted or another administrative activity undertaken instead of the annulled act or other administrative activity, the defendant public authority is obliged to adopt that act or undertake the other administrative activity without delay, and no later than 30 days from the date of delivery of the judgment. The defendant public authority is bound by the legal understanding of the Administrative Court, as well as by that court's observations regarding the procedure," the Law states.

Members of the Government from the former Democratic Front voted against Danilović's dismissal on January 14, and as "Vijesti" reported at the time, the opinion was also expressed by Deputy Prime Ministers Momo Koprivica and Aleksa Bečić, as well as ministers Vladimir Joković, Dragan Krapović and Danilo Šaranović.

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