Agency for Prevention of Corruption

Despite the pressures, non-selectivity remains at the heart of the Agency's activities

Aug. 4, 2021

The ancient Romans imagined and represented the goddess of justice, Justice, with a sword in her right hand, scales in her left hand and a blindfold, symbolically sublimating the essence of dealing with law and justice.

Since the establishment of the Agency for Prevention of Corruption in January 2016, some of the most common objections and criticisms of both the domestic public and international partners on the path to European integration have been regarding its selectivity in action.

Therefore, after the establishment of the new management in July 2020, the focus of institutional reform is on correcting possible oversights and changes in practice, and on strict adherence to the principle of equality of all before the law as the pillar of the legal order.

With a deep knowledge of the spirit of the Law on Prevention of Corruption and its competencies, the Agency was blindfolded when it found in January that former Prime Minister Mr. Dusko Markovic and seven members of his cabinet had violated provisions of the law relating to incompatibility of functions.

Just like during the previous four months, when the Agency issued misdemeanor warrants against Prime Minister Mr. Zdravko Krivokapic and seven ministers of the Government of Montenegro, for violating the article of the Law concerning the submission of accurate and complete data in reports on income and assets. Their cases are among the 652 procedures that the Agency, with a proactive approach and intensification of work, initiated in the first half of 2021 in the field of verification of income and assets.

These data point to the consistent application of anti-corruption mechanisms and our concern for the protection of the public interest, expressed through the handling of reports related to illegal appointments of directors of health care institutions and the allocation of specializations in the Ministry of Health.

Recognizing the reform orientation, efforts and results, the European Commission stated in a working document on the state of play regarding Chapters 23 and 24 for Montenegro that “after the changes in the Agency’s Council and its leadership in 2020, the Agency has started a proactive approach to the challenges of its independence, integrity, impartiality, transparency, non-selective approach and quality of its decisions, improving overall performance”.

As holders of the highest executive functions, members of the Government have a greater public responsibility to contribute by personal example and legal action to the affirmation and promotion of the rule of law, strengthening the integrity of public administration, but also nurturing a culture of dialogue.

We believe that the four ministers who paid the fines respected these legal and civilizational standards and the fact that the article of the Law, which they did not comply, does not recognize the gradation of violations and does not weigh what data and what amount it is, but only prescribes what a public official is obliged to report in his report on income and assets.

In their reactions, some ministers explained the way in which they violated the Law, thus inadvertently helping the Agency in one of its key roles: education. Recalling that, reacting preventively, and noticing the repetition of certain mistakes in filling out the report on income and assets, our institution conducted trainings for newly appointed public officials. Unfortunately, some of the ministers did not respond to the invitation to allow the employees of their department to attend our educational activities. We hope that this experience will indicate to them the need to get acquainted with the obligations and duties that are prescribed for holders of public office.

Not indulging in hibernation or summer vacation, not giving in to various pressures and populism, the Agency for Prevention of Corruption will continue to keep its eyes wide open, taking care to respect the law and noticing cases of its violation, blindfolded, regardless of functions, political or any other orientation of the offenders.

Agency for Prevention of Corruption

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