Three Years of Inactivity by the Special State Prosecutor’s Office and a Second Criminal Complaint Against Bratić

Centre for Civic Education (CCE) recalls that today marks three years since the filing of a criminal complaint with the Special State Prosecutor’s Office against the former leadership of the Ministry of Education, Science, Culture and Sports, headed by Vesna Bratić, for abuse of official position through unlawful dismissals of principals of educational institutions in 2021. CCE expresses concern over the persistent ignoring of this complaint by the Special State Prosecutor’s Office, which indicates a selective approach to action, contrary to the principles of the rule of law.

CCE filed the criminal complaint on 23 December 2022, since the unprecedented process of mass dismissals of principals of public educational institutions required urgent and priority action. The actions of the then Minister clearly indicated an intention to dismiss principals of public educational institutions solely because they had been appointed by the previous Government, to secure benefits for representatives of the new Government. The dismissals were not preceded by an individual assessment of performance, which led to absurd situations in which even deceased persons were dismissed, due to the speed of drafting template decisions.

Numerous actors, including CCE, publicly warned the then leadership of the Ministry, headed by Bratić, that the announced process would be unlawful. The then Prime Minister Zdravko Krivokapić confirmed that he had also warned her about possible negative consequences. This confirms that Bratić and her associates knowingly and in an organised manner abused their official position, for which they bear direct responsibility for the damage incurred.

The consequences of such conduct are also reflected in around 150 lawsuits filed by unlawfully dismissed principals as injured parties. According to data from the Ministry of Education, Science and Innovation, by 1 October 2025, a total of EUR 453,041.66 had been paid out following final court decisions. Budgetary damage will continue to increase, bearing in mind court practice in favour of principals dismissed on the same unlawful grounds. This is compounded by other unlawful dismissals in the education and culture sectors during the mandate of Vesna Bratić.

Conscious procrastination by the Special State Prosecutor’s Office is further indicated by the fact that the initially assigned prosecutor was replaced after the Prosecutorial Council, acting upon CCE’s initiative, established that she had not acted in a timely manner. The case was assigned to another prosecutor, who continues the same practice, unlike the significantly more proactive approach taken in other cases.

The OSCE trial monitoring methodology for assessing the importance of proceedings considers three factors: (1) the status of the accused and their position in society, (2) the gravity of the criminal offence, and (3) the level of public attention to the case. By these criteria, this case ranks among the most important proceedings that require monitoring. It concerns a former high-ranking state official who still holds an important position at the University of Montenegro. Furthermore, the seriousness of the criminal offence is evidenced by the estimated damage of almost half a million euros, with a tendency to increase. In addition, this case has been intensively covered by the media and accompanied by reactions from the civil sector, professional circles and the wider public.

The prolonged inactivity of the Special State Prosecutor’s Office may indicate the existence of a protected status for certain individuals and structures, especially when compared with cases involving significantly lower financial damage, in which the Special State Prosecutor’s Office reacted much more swiftly. It remains unclear according to which criteria the Special State Prosecutor’s Office determines priorities and the dynamics of action, as it is evident that such an approach does not protect the public interest. The long-term absence of reaction deepens the impression that accountability depends on the political context rather than legal standards, which is an indicator of systemic weakness within institutions.

The Protector of Property and Legal Interests of Montenegro has filed the first recourse lawsuit by which the state seeks compensation for damage caused by the unlawful dismissals of 30 former principals. Proceedings before the Basic Court were concluded with a first-instance judgment rejecting the claim to oblige Vesna Bratić to pay EUR 15,281 in respect of state costs incurred in civil proceedings. Such a decision further reinforces the perception of the untouchability of this former Minister.

CCE believes that only consistent and non-selective action can ensure the effective functioning of the prosecution service as an independent body and a pillar of the rule of law. Of particular concern is the fact that the Special State Prosecutor’s Office is also failing to act effectively in another case questioning the responsibility of Vesna Bratić, relating to two negative opinions issued by the State Audit Institution on the unlawful spending of millions of euros, which CCE has previously highlighted.

For a state on an accelerated path towards the EU, such practice warns of deeply rooted problems in key Chapters 23 and 24, upon whose closure the completion of negotiations depends. The EU expects an independent and credible judiciary that guarantees legality, non-selectivity, justice and accountability.

CCE expects the Special State Prosecutor’s Office to finally address this case professionally and responsibly, as it concerns a matter of public interest that directly affects citizens’ trust in institutions, as well as the further assessment of their work in the EU accession process.

CCE will present a summary of this case to the relevant international public monitoring the state of the rule of law in Montenegro.

 

dr Ivan Vukčević, Human Rights Programme Coordinator