Centre for Civic Education (CCE) warns that the Agency for Prevention of Corruption (APC) has failed for more than a year to issue a clear decision in the conflict of interest case involving APC Council member and attorney Mladen Tomović, despite the fact that the relevant circumstances indicating a conflict of interest and possible influence peddling are known and documented. Unfortunately, it does not appear that the newly elected Director, Kristina Braletić, is prepared to prioritise resolving this issue either, particularly given the support Tomović provided to her during the appointment process.
CCE submitted a formal request on 27 February 2025, and from the response of the APC Council dated 14 April 2025, received only after several follow-up requests by CCE, it follows that the procedure has still not been concluded. Since then, the APC has remained silent on this matter. Such delays in a case of exceptional public importance seriously undermine trust in the legality, impartiality, and credibility of the Agency itself. This is further compounded by serious indications that Mladen Tomović continued to provide legal services and generate income from state-owned companies even after assuming public office, despite the restrictions prescribed under Article 16 of the Law on Prevention of Corruption.
In addition, CCE has repeatedly pointed out that Tomović represents the Montenegrin Electric Transmission System (CGES) in proceedings against a whistleblower who had previously been granted protected whistleblower status by the APC. Such conduct constitutes an additional and impermissible conflict of interest, but also a potential undermining of the principles of independence and impartiality of an institution that should protect the public interest and the integrity of whistleblower protection procedures, while demonstrating particular sensitivity towards preventing such practices.
CCE also emphasises the legally problematic and inconsistent practice of the APC in the application of the law. Namely, in the whistleblower protection case, the APC maintains that the Law on Prevention of Corruption, which entered into force on 12 June 2024, should be applied, even though the request for protection was submitted as early as 23 November 2022. At the same time, when it comes to Mladen Tomović, the APC claims that there can be no retroactive application of the law in relation to his previously concluded engagements. Such selective interpretation of legal norms represents a legally unsustainable approach and points to the possibility of arbitrary conduct by the institution, contrary to the principles of legal certainty and equality before the law.
CCE also recalls that, by decision Uvp. no. 81/25 of 16 October 2025, the Supreme Court of Montenegro confirmed that the whistleblower protection case must be returned to the administrative authority for renewed decision-making, which additionally obliges the APC to act lawfully, impartially, and in accordance with the law that was in force at the time the request was submitted.
Furthermore, in previous cases involving members of the Prosecutorial Council, the APC established the existence of conflicts of interest for attorneys under the same legal basis and during the same period, in relation to the restrictions prescribed under Article 16 of the Law on Prevention of Corruption. However, when it comes to an APC Council member, the APC failed to issue such an opinion, even though this is an identical case, leaving a strong impression that the APC applies the same law differently to different individuals.
CCE calls on the APC to, without further delay, issue a decision on the existence or non-existence of a conflict of interest in the case of Mladen Tomović and clearly define its position regarding the application of Article 16 of the Law on Prevention of Corruption, in order to demonstrate to the public the direction in which the new leadership intends to take the institution. The way the APC acts in this case will be crucial for assessing its genuine independence, professionalism, and readiness to apply the law equally to all public officials, without exceptions or privileged individuals. If it fails this test, particularly considering the APC’s previous selective practices, legitimate questions arise regarding the very purpose and credibility of the institution itself.
Mira Popović Trstenjak, Democratisation and Europeanisation Programme Coordinator