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04-Mar-2024
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Brđanin: If the Government does not invalidate the illegal decision on my dismissal, I will file a complaint with the Administrative Court

AUTHOR: M.J.
If the Government of Montenegro does not invalidate the illegal decision on my dismissal, I will file a complaint with the Administrative Court, said the dismissed director of the Police Administration (UP), Zoran Brđanin.
The decision of the Government of Montenegro on his dismissal is, as he says, illegal in all its aspects, and, in his opinion, the procedure that led to it is also illegal.
Namely, the Administrative Court of Montenegro, in its judgment (U12564/2023), by which I was reinstated again in December 2023, unequivocally established that the special reports of the Director of the Police Administration, as they were not considered in a timely manner by the Committee for Security and Defense of the Parliament of Montenegro Up, actually accepted. An identical legal position is stated in the judgment of the Administrative Court of Montenegro (U3274/2021) regarding the appointment of the former director of the National Security Agency (ANB). In short, the untimely considered special reports of the director of the Police Administration, submitted to the previous one and considered since the current convocation of the Parliament of Montenegro, represent a circumvention of the Law on Internal Affairs and disrespect for the ruling of the Administrative Court and legal positions expressed in the judicial practice of Montenegro - said Brđanin.
The government's decision on his dismissal - based on an illegal procedure - is, according to him, formally and fundamentally illegal, and from a material point of view unsustainable.
It is about grossly ignoring the mechanism provided for by the Law on Internal Affairs, as well as legally binding court rulings - pointed out Brđanin.
He assessed that the content of the Government's decision is unprecedented in our legal practice, adding that it is also illegal.
This represents the final nail in the chain of ignoring legal norms and court decisions, which will undoubtedly have multi-layered consequences for various processes of national interest, in which the commitment of the state of Montenegro to the rule of law is measured - he added.
Not wanting to comment on the motives of those who forcefully induced such a procedure, he expressed concern about compliance with legal norms, especially at that level.
If the Government of Montenegro does not invalidate the illegal decision on my dismissal, I will file a complaint with the Administrative Court, in order to annul another illegal decision of the Government of Montenegro in a full jurisdiction dispute, now for the third time. This not only protects my rights, but also the rights of all other individuals, citizens or legal entities in similar situations, but also a real, albeit obviously difficult, foundation to ensure society against illegality in the work of administrative bodies, in this particular case, the Government of Montenegro . I have been professionally in the police for over two decades, I came to all positions in accordance with educational and experience references, no one recommended or protected me anywhere, and I led court cases with various authorities, giving the maximum in the realization of professional obligations and keeping, to the extent of my opportunities, the integrity of the institution. - said Brđanin.
He also said that he does not want me to be an accomplice in the politicization of the police - those who are publicly vocal in the story of professionalism and even more vocal in their attempts to criminalize anyone who opposes them in reaching particular interests -.
This is not about the fact that I persistently want to be the director of the Police Directorate, but I am persistent in my approach to point out that no one, not even the Government, that is, individual politicians, can decide on anyone's fate by trampling the law. I understand that people like me are undesirable to many authorities, but I believe that now a significant part of the interested public also understands this - concluded Brđanin.

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