Centre for Civic Education (CCE) notes that the appointment of the Director of the Agency for Prevention of Corruption (APC) represents a challenge that the competent body – the APC Council – has failed to resolve for nearly two years. Unfortunately, this comes as no surprise to either the expert community or the broader public, given that conflicting interests within the Council have long been obstructing a process that is crucial in the context of European integration – the appointment of a Director of APC with a full mandate.
This process may continue indefinitely as long as Dušan Drakić remains the sole candidate under consideration, especially given that his candidacy has already been compromised by the reserved and often contradictory positions of Council members regarding his appointment. This undermines the competitiveness of the procedure and creates the impression of a process reduced to a “single candidate,” under strong political influence.
Previous decision-making by the same composition of the Council shows that Drakić does not have the required support, but also indicates unusual shifts in the positions of certain members. Particularly concerning is the conduct of the Council’s Vice President, Mladen Tomović, who voted differently on the same candidate within a short period of time, as confirmed by official APC conclusions. This is further aggravated by the fact that Tomović should have been recused from decision-making due to an evident conflict of interest – as a lawyer who has represented or represents employees of APC, including Drakić, as well as legal entities that are or may be in disputes with the Agency. His participation in decision-making is therefore not only questionable but also unlawful, seriously compromising the legitimacy of the entire process. CCE recalls that Tomović is in a conflict of interest, as a lawyer holding public office cannot conclude service contracts with companies or legal entities that are state-owned. However, APC has failed for over a year and a half to take a position on the initiative submitted by CCE back in October 2024 in this case.
Nevertheless, the majority of Council members have continued to entrust Drakić with leading APC as Acting Director, based on a decision from 23 August 2024, which was adopted without the required majority (three out of five Council members voted in favour, while four votes are required), rendering it legally questionable. Responsibility for such a decision lies with the Council President, Pavle Ćupić, who signed it despite its non-compliance with the legal framework.
This “chess game” maintains the deadlock in the appointment of a Director, as no candidate can be elected, while at the same time enabling the indefinite extension of the Acting Director’s mandate, further undermining institutional independence and legal certainty.
The issue is further exacerbated by a legal gap in the Law on Prevention of Corruption, which does not clearly regulate the duration of the Acting Director’s mandate. The acting mandate is tied only by a Decision on the Appointment of an Acting Director of APC to the moment of the final appointment of a Director, while CCE stresses that this decision itself is unlawful. Such a situation enables abuse and allows the same individual to remain in the position for an unreasonably long time, contrary to the purpose of the role.
According to available information, Drakić plans to apply for a third call for applications, even though he has already failed twice to secure the necessary majority. This raises the question of whether this reflects an unrealistic assessment of his own position or an expectation that political pressure will influence the outcome. Additionally, the current stalemate appears to work in his favour.
CCE believes that legal loopholes must not be used to prolong this situation, including the unjustifiably long tenure of any acting official, in this case Drakić. Therefore, we call on the APC Council to urgently conduct a lawful and efficient selection process for the Director, and in the meantime appoint a new Acting Director. Only through such an approach can trust in APC’s work begin to be restored and one of the final benchmarks in negotiations with the European Union be fulfilled – namely, that “the Agency operates with full political and operational independence in an efficient, impartial, and proactive manner.
Snežana Kaluđerović, Senior Legal Advisor