Centre for Civic Education (CCE) commends decision of the Agency for Prevention of Corruption (APC) in the case of Aleksandar Andrija Pejovic, Minister of European Affairs in the Government of Montenegro and Chief Negotiator in the status of an ambassador, which has determined that Pejovic has violated Law on Prevention of Corruption, but also Law on Foreign Affairs, Law on Salaries of Employees in Public Sector, international conventions in the area of fight against corruption as well as the Constitution of Montenegro.
Decision of APC confirms CCE’s argumentative assertions that Pejovic is in conflict of interest due to simultaneous performance of two public functions and is generating income per both grounds thus violating Articles 7 and 28 of Law on Prevention of Corruption. Additionally, APC has undeniably determined also violation of Article 109 of the Law on Foreign Affairs stating that he is member of Main Board of DPS which is incompatible with his diplomatic-consular function, although he denied it in his statement. Furthermore, granting himself larger earnings than those prescribed by Article 17 of the Law on Salaries of Employees in Public Sector, Pejovic has jeopardized also this Law. Finally, Pejovic is violating also the UN Convention against Corruption – UNCAC, which Montenegro has ratified, as well as the International Code of Conduct for Public Officials, but also the Article 104 of Constitution of Montenegro.
CCE has assessed that this was expected and the only possible legal decision.
We deem decision of the Basic Court in Niksic, which today has passed a temporary measure to return Nikola Vukcevic into the Council of RTCG until completion of validity of the procedure, to be encouraging as it was previously carried out by the Basic Court in Podgorica in the case of illegally dismissed member of Council of RTCG Goran Djurovic.
Such judicial decisions, in the atmosphere of unrecorded pressures of the ruling party, represent a powerful impulse for return of trust in judiciary.
Parliament of Montenegro and its MPs shall not be above the law and judicial decisions. Possible obstruction of authorities to respect judicial decisions and laws of this country would further damage the state interest of Montenegro. Therefore, we expect the Parliament, i.e. the ruling majority to urgently and consistently apply judicial decisions, which also means halting the procedure of appointing Ivan Jovetic to the place of Nikola Vukcevic, in order to prevent further complication of an already quite complex situation which system was brought in by unlawful decisions of the ruling majority.
Centre for Civic Education (CCE)
within the project LET’S PUT CORRUPTION INTO MUSEUM!
interested civil society organisations (CSO) to join
the Coalition for Transparency and Fight against Corruption at the local level
Focus of work of Coalition for Transparency and Fight against Corruption will be monitoring and improvement of existing policies and mechanisms for prevention and fight against corruption at the local level in various areas. In this regard, members of Coalition will monitor and analyse the application and effects of legal, strategic and other documents at the local level, prepare reports and advocate for proposed solutions for improvement of system of fight against corruption.
Invitation for joining the Coalition for Transparency and Fight against Corruption is for a limited number of CSOs with track record in conducting projects and initiatives in the area of transparency, accountabioity of authoriries and fight against corruption, and CSOs of various level of development and from various parts of Montenegro are encouraged to apply.
On the occasion of 25 years since the crime that occurred on 14 February 1993, in municipality of Čajniče, where members of so-called Army of B&H, amongst whom were eight Montenegrins, attacked unprotected villages Trpinje and Šapići from the territory of Montenegro, i.e. from the direction of the village of Bukovica, the Centre for Civic Education (CCE) uses the opportunity to pay respect to all victims of this crime, but also to victims from the territory of Pljevlja’s Bukovica, whose Muslim population was exposed to torture, searches, robberies, persecution and murders from 1992 to 1995. At the same time, CCE urges the competent authorities to question previous decisions and to process in a legally adequate manner, not only cases regarding the territory of Bukovica, but also all war crimes cases in Montenegro or war crime cases where citizens of Montenegro participated.
The reaction of the Parliament of Montenegro regarding the decision of the Basic Court in Podgorica which establishes temporary measure that orders the Parliament of Montenegro to return Goran Djurovic at the position of the RTCG Council member within eight days, until the judicial proceeding is completed, is scandalous and represents an open attack of the ruling party on judiciary. The Parliament has, in its official press release, stated that the Basic Court “tried to stultify division of powers to executive, legislative and judicial established by the Constitution of Montenegro and in that manner tried to put into jeopardy the legal system of the state”.
Such unseen attack of the Parliament of Montenegro on the judicial system represents an open party pressure on judiciary and it may have far-reaching consequences on the entire society. The Parliament, i.e. MPs of the ruling majority demonstrated that they neither recognize the division of powers to executive, legislative and judicial established by the Constitution, nor understand the role of the judicial branch in the control of legal acting of other branches. If they advert the Constitution, it would be good if MPs of the ruling majority could read the Constitution that envisages limitations of powers by the Constitution and the law and prescribes that relation of the powers is based on checks and balances in Article 11.
The ruling majority obviously believes that it is enough if there is a Parliament in the system where they would declare what is right and what is not by majority, and decide on who is guilty and who is not, hence the citizens should not have any mechanism of protection from their will.