Centre for Civic Education (CCE) assesses that the new Draft Law on Government has not introduced the necessary improvements, and some key recommendations from the Venice Commission and civil society have been ignored.
Recently, the Government of Montenegro, through the Ministry of Public Administration (MPA) as the responsible authority, sent the draft Law on Government to the European Commission for opinion. The CCE obtained the document based on the Free Access to Information Law, in lined with its continued interest in this legal text, and is publishing it to enable public scrutiny.
CCE had insight into earlier versions of this text and participated in the meeting with the Venice Commission (VC) members, where civil society representatives presented their suggestions. The VC expressed concerns in its opinion and provided recommendations for improving the law, offering a detailed and expert analysis that should be regarded as authoritative.
One of the key issues concerns the structure and composition of the Government. The previous draft proposed limiting the number of ministries to 15, while the VC recommended a more flexible framework of up to 18 ministries. However, the latest government proposal foresees up to 20 ministers, including two without portfolio. Additionally, up to 4 vice-presidential positions are planned, along with an unlimited number of state secretaries, leaving ample room for political bargaining and party-based employments. Currently, Montenegro has the most oversized government in Europe, with 32 members, and likely holds a global record in proportional terms. Many deputy prime ministers are unclear about their specific responsibilities, just as no one knows the role of a minister without portfolio, and the exact number of state secretaries is difficult to track. The principle of rationalization has been disregarded, while the draft Law seeks to legalize all this, while the new law seeks to formalize and normalize this bloated structure. The CCE believes a more efficient model would involve a maximum of 15 ministers, one vice president, the abolition of ministers without portfolios, and limit of one state secretary per ministry.
A particularly concerning issue is the complete removal of provisions regulating the caretaker government, despite this being one of the critical problems in previous political crises. The VC recognized the need for a clearer legal framework governing the transition period between two governments, acknowledging that Montenegro still lacks the sufficient level of political culture to address this issue through democratic norms alone. It is surprising that the MPA, which had previously justified the need to regulate the caretaker mandate before the VC, has now entirely omitted this provision, leaving room for further abuses by outgoing governments.
When it comes to mandatory ministries that cannot be merged with other ministries, CCE had previously suggested that education and/or culture should be included, a recommendation also supported by the VC. However, instead of that, the latest government proposal added the Ministry of Public Administration.
The openness of government sessions to the public is left as an option rather than a requirement, which is problematic given the current decline in transparency. Furthermore, the regulation of phone sessions is deferred to the Government’s Rules of Procedure, while existing practice already indicates significant de facto misuse of this mechanism.
A novelty in the latest draft law concerns the integrity checks of the nominee, government members, and executive officials through filling out questionnaires and checks by the competent authorities. The CCE considers this a step forward but believes it is too small to genuinly improve the integrity of public officials. For years, the CCE has strongly advocated for mandatory medical examinations for government members (Prime Minister, Vice Prime Ministers, Ministers) and the Secretary-General, including psychological evaluations and drug testing, to eliminate double standards between civil servants and high-ranking officials. This initiative has the support of over three-quarters of citizens.
The draft fails to precisely define the oversight powers of the Parliament over the Government, which was one of the VC’s key recommendations.
The CCE will continue to monitor the process and advocate for Montenegro to finally adopt a Law on Government that improves the functioning of the executive branch while preventing further politicization and misuse of institutions that hinder the country’s democratic consolidation.
Nikola Mirković, Programme associate