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08-Aug-2024
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Authorities filled only three of the 21st GRECO recommendations for fighting corruption: progress very limited, results even more modest

Author: M.J.-POBJEDA

Montenegro authorities met only three of the 22 recommendations given to them by the Greco Corruption State. Of the remaining 19 recommendations, 11 is partially filled and eight is not met in general.

- In connection with the persons in the highest executive functions, although significant legislative and other initiatives, progress so far is very limited. Introduction of integrity verification for candidates to be appointed for the head of the Prime Minister and the Prime Minister's Council and the Deputy Prime Minister is commendable. However, the integrity checks for candidates for ministers and state secretaries before their appointment have yet to be introduced - is stated in the evaluation.

What authorities did not fill out

The Groca Council of Corruption (GRECO) of the Council of Europe recommended to determine the rules that require integrity verifications are performed before the appointment of ministers and state secretaries to identify and resolve the possible risks of conflicts before their appointment. However, as it says in the GRECO report, the authorities have not adopted that recommendation.

-Rant Law on Government, if adopted as stated, would greatly satisfy the need to verify the integrity of the highest officials executive before their appointment. However, the draft is currently at an early stage and may be the subject of further changes in the process of approval by the Government and the adoption in parliament. Therefore, so far the specific results have not been achieved - writes in the presented report today.

GRECO, as they state, emphasize the importance of this measure to identify and prevent possible conflicts between the lodge and encourage the Montenegrin authorities to continue the necessary legislation according to the intended plan and thus enable the integrity of ministers and state secretaries, without further delay.

Also, Greco recommended that the immunity given to the Government's members revised to exclude crimes that explicitly linked to corruption, but the government did not implement that recommendation.

- The guarantors report that the implementation of this recommendation requires a change in the Constitution, which is subject to a broad political consensus involving a large number of stakeholders. In view of the complexity of this process, the bodies confirm their strong intention to continue the necessary changes, in accordance with the reform agenda, where the amendment is recognized as one of the steps in the field of basic rights / rule of law, which is intended to be completed to June 2025 - it is stated in the document.

Greco recalls that the current immunity system should be revised to explicit all crimes of corruption from its scope, independent of the length of prison penalties that these works can carry.

-Ito recognizes the complexity of reforms needed for harmonization with this recommendation, GRECO regrets that no steps have taken so far in this regard. In order to ensure the appropriate criminal reaction to all crimes of the Government in the future, GRECO invites authorities to explicitly exclude criminal offenses associated with the scope of immunity provided for by the Government - written in the report.

GRECO requested that police officers have undergone the integrity checks before appointment and improvement, as well as in regular intervals during their career according to the clearance of candidates and the public.

However, the authorities did not income, but stated that security checks for police officers were in accordance with the Law on Internal Affairs (especially Article 127), which are applied to the employment of the police, receiving the trainee, that is, high police education and special vocational training or training.

GRECO still warns that the verification of the candidate for entering the police, as well as in the context of improvement, should be further from the control of criminal records and security checks, and should be carried out at regular intervals, because, as they expire, personal circumstances can change and make employees more vulnerable to possible risks than corruption.

- Looks like that, in addition to security checks that have already been carried out in the past, no integrity checks have been introduced for police officers in the context of their appointments and improvements, as well as during their careers - stated.

The Government has not implemented a recommendation that predicts the appointment of police officers was based on merit and no inappropriate political influence, including at the highest level.

- Owners are invited to the provisions of the Law on Internal Affairs, regulating appointments, titles and improvement in the police. They argue that the issues related to the police promotion adequately regulated by law - write experts Greco.

Reminded that some of the security checks have resulted in the revealing of the existence of security interference (15), while others are completed by giving opinions on the lack of security interference (21), while 100 cases in progress.

-GROCE is worried about the absence of any progress in this regard. Greco urges bodies to take concrete steps to ensure that the naming in the police, including at the highest level, are based on merit and free from inappropriate political influence - it is stated.

Experts have been recommended to strengthen the internal control system by adopting clear rules for internal control, anti-corruption units and ethical commission and ensure that these bodies are assigned appropriate resources, but that has not been implemented either.

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