PARLIAMENT OF MONTENEGRO
Daliborka Pejovic, President of the Committee
Members of the Committee
Subject: Initiative for cessation of a proceeding for dismissal of Vanja Calovic-Markovic from the position of member of Council of the Agency for Prevention of Corruption (APC)
On 29/5/2018, Deputy Director of the Agency for Prevention of Corruption has passed a decision No. UPI-02-01-57/26-2017 by which was determined that Vanja Calovic Markovic has violated provisions of the Law on Prevention of Corruption. The Anti-Corruption Committee was informed of this decision, as an organ authorised for selection and appointment of members of Council of the Agency for Prevention of Corruption.
While the proceeding was being conducted, Calovic Markovic was offered no possibility whatsoever to declare herself about any circumstance or fact that is stated in the decision of the Assistant Director of the Agency.
Furthermore, the Constitutional Court has even on 30/1/2018 adopted a Decision U-II No. 4/16 and 19/16 by which it determined that Rules on work of the Agency for Prevention of Corruption in the part of prevention of conflict of interest of public officials are in contrary to the Constitution of Montenegro, and according to this decision the Deputy Director has no authorisation to pass such decisions.
The Article 42 Paragraph 1 of the Law on Prevention of Corruption stipulates that violation of provisions of this law that is determined by ultimate, i.e. the final court verdict shall be deemed a negligent exercise of a public function, of which the Agency shall inform the organ of powers in which the public official is performing the public function and the organ authorised for selection, appointment, i.e. assigning of a public official, in order to initiate proceeding for dismissal, suspension or imposing disciplinary measure.