Centre for Civic Education (CCE) has submitted today to the Constitutional Court of Montenegro an Initiative for assessment of constitutionality and legality of the Article 167 of the Law on Civil Servants and State Employees, by which it is stipulated that ‘monetary claims from labour which have occurred from 1 January 2013 until day this law becomes applicable, are rendered obsolete within the period of three years from the day this law becomes applicable’, i.e. from 1 July 2018.
This provision of the Law on Civil Servants and State Employees of Montenegro is unconstitutional, illegal and inconsistent with the general regulation – Labour Law. Namely, Article 123 of the Labour Law clearly stipulates that ‘monetary claims from labour and as per labour are not subject to obsolescence’, and it is applied to all employed persons in the state of Montenegro, regardless where they are employed.
CCE has based its Initiative on Constitution, Montenegrin legislation, as well as legal position of the Constitutional Court of Montenegro, but also the international documents that are mandatory for the state of Montenegro.
Centre for Civic Education (CCE) has organised, from 17 to 19 October, in Podgorica, training on discrimination for professionals working in the area of education, which is an integral part of the project 360° Full Circle for Human Rightswhich aims to contribute to reduction of discrimination and promotion of tolerance and respect for human rights in Montenegro.
Three-day intensive programme designed as combination of theoretic and interactive and workshop work, aimed to better introduce the teachers and other professionals who work in education (professional services, management of schools, parents’ council, professional bodies and actives) with the modern concept of human rights and discrimination. Furthermore, training has offered also certain guidelines as to how these topics can be adequately addressed in everyday work with pupils within the formal education system.
Coalition Cooperation to the Goal, which consists of 100 NGOs, urges the Ministry of Public Administration (MPA) to announce a call for co-financing projects and programmes of NGOs funded from EU funds in swift procedure, thus fulfilling its legal obligation.
The Government of Montenegro has adopted the Regulation on the procedure and manner of co-financing projects and programmes supported from funds of European Union, and it was published in the Official Gazette of Montenegro No. 64/2018.
We remind, the Government was obliged to adopt this Regulation back in January this year, but it did so with a delay of eight months. This can not be the reason neither for the call for co-financing projects not to be published in this year, nor for not fulfilling that legal obligation. Beneficiaries of projects and programmes of NGOs should not bear the consequences due to the Government’s delay in carrying out its affairs.
Regarding the information from today’s media, that Dusko Saric and Jovica Loncar are claiming €400 000 from the country of Montenegro for unfounded deprivation of liberty, the Centre for Civic Education (CCE) reminds that this example represents not an incident but a more frequently occurring practice which is a result of also underived system of responsibility in the judiciary. CCE has pointed to this also in the recently published analysis ‘Unfounded deprivation of liberty – detention as a rule instead of being an exception’.
Namely, Ministry of Justice has in the previous nine years received even 1359 request for conclusion of Agreement on compensation of damage due to unfounded deprivation of liberty, and has concluded 335 agreements according to which it has paid the total of €1.070.460,00. Additionally, as per cases which have not been resolved by achieved agreement with the Ministry of Justice, but via court way, i.e. by initiating a litigation proceeding via lawsuit against the state, the Ministry of Finance has as per court verdicts paid €10.381.021,01. In short, around 11.5 million Euros (€11.451.481,01) the state of Montenegro has paid for unfounded deprivation of liberty in last nine years.
A comprehensive analysis of the situation in the area of fight against corruption needs to precede to the improvement of the existing mechanisms to prevent this phenomenon. Furthermore, it is necessary to clearly define which body at the national level coordinates and monitors the implementation of anti-corruption activities at the local level.
This was assessed by the Programme Coordinator at the Centre for Civic Education (CCE), Ana Nenezić, at the first panel of the national conference during the presentation of annual report on fight against corruption at the local level, which is part of the project “Let’s put corruption into museum!”, organized by the CCE and the Center for Monitoring and Research (CeMI).