WORLD NEWS FOR MONTENEGRO DIASPORA
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SOURCE: ANTENA M / AUTHOR: M.J. GDNUS
The Cabinet of the President of Montenegro, Jakov Milatović, has prepared an analysis that, as stated, concerns ten worrying trends that call into question the democratic progress in the country achieved so far after the change of government in 2020.
All this has led to a slower pace of EU integration compared to the dynamics that were predicted at the beginning of this year, and threatens to slow down the accession process, and thus the ultimate goal of the country's membership in the EU by 2028, the analysis states and adds that these are the reasons for great concern when it comes to the country's democratic progress at a crucial moment on the way to full EU membership.
We transmit the analysis in its entirety:
Montenegro has made a big step forward in terms of democratic development after the first change of government in the last 30 years, which came as a result of the 2020 parliamentary elections. The transition of power is completed by the presidential elections in 2023.
This was a watershed moment for the country to take an accelerated path towards joining the EU, which was further supported by the new momentum in Brussels regarding the enlargement process. The set goal is for Montenegro to become the 28th member of the EU by 2028.
However, the actions of the current Government and the parliamentary majority are characterized by actions that call into question the achieved democratic progress, as well as the priorities and obligations from the EU accession negotiations, and at the same time undermine long-term reform processes in the country.
All this led to a slower pace of EU integration compared to the dynamics that were predicted at the beginning of this year. In order for Montenegro to become a full member of the EU by 2028, it is necessary to close all thirty open negotiation chapters by the end of 2026. That is why it was planned to close almost ten negotiation chapters for this year. However, the closure of only four chapters has been announced in the meantime. This trend threatens to slow down the planned accession process, and thus the ultimate goal of the country's membership in the EU by 2028.
This analysis includes ten worrying trends that call into question the democratic progress achieved so far after the change of government in 2020: 1) laws are adopted in most cases without public discussion and consultation with the professional public; 2) the politicization of institutions through the legal framework is a concern; 3) public administration reform is missing; 4) there is no fundamental reform of the judiciary; 5) the draft law on agents of foreign influence represents an attack on the civil sector; 6) illegal appointments and dismissals undermine the rule of law; 7) deterioration of relations with Croatia disrupts good neighborly relations as one of the key preconditions for EU membership; 8) populist economic measures cause concern; 9) unfinished local elections in the municipality of Šavnik show the weaknesses of the electoral system; 10) lack of institutional support in response to environmental crises and emergency situations.
All of these are reasons for great concern when it comes to the democratic progress of Montenegro at a key moment on the country's path to full membership in the EU.
1. In most cases, laws are adopted without public discussion and consultation with the professional public
Montenegro is facing serious challenges in its legislative process, marked by a growing trend in which the ruling majority and the Government are increasingly passing laws through accelerated procedures. Consultations with the expert public during the legislative process are largely absent, and laws are proposed without prior public hearings, which is contrary to democratic principles and EU standards.
Public consultations are a key mechanism that enables citizens, the civil sector, the economy and institutions to express their opinions and contribute to legal solutions that directly or indirectly affect them, making laws more effective and accepted. As such, public consultations have long been used in practice in Montenegro, but during the previous year they were largely excluded from the process of adopting legal solutions.
The government previously justified this accelerated process of passing laws by adopting the Interim Benchmarks Assessment Report (IBAR), choosing speed over consistent adherence to democratic procedures. However, the phase of obtaining the IBAR was concluded in June. Despite this, the Government and the ruling majority in the Assembly continued to use the accelerated approach as their standard practice in most cases.
It is important to recognize that passing laws through accelerated procedures should be an exception, reserved only for truly urgent situations. Making it a routine practice calls into question respect for democratic processes and standards.
The adoption of laws without adequate analysis was particularly visible during a series of extraordinary parliamentary sessions in August, held in the middle of the summer break and according to an urgent procedure, to meet the elections in Podgorica. Thus, some of the key fiscal laws, which introduce significant changes to the social protection system, were adopted under an emergency procedure and without prior discussion with the professional public. These laws derive from the Fiscal Strategy, a key document for strategic financial planning in the next three years, which, paradoxically, has not yet been discussed in the Parliament.
2. The trend of politicization of institutions through the legal framework is worrying
Some of the recent legislative interventions establish direct or potential political control over numerous independent institutions, undermining their autonomy. In all such cases, the President of Montenegro refused to sign the laws and returned them to the Assembly for reconsideration, asking the deputies to reconsider their adoption. Nevertheless, the ruling majority in the Assembly again voted for all the laws without any review, clearly showing a lack of commitment to some of the key democratic principles such as mutual control of power.
The Law on the National Public Broadcaster reduced the criteria for the selection of the director of the Public Service from the valid 10 to 5 years of work experience, in order to enable the acting director, who previously did not meet the legal criteria, to be (re)appointed. This legal change, therefore, de facto called into question the editorial independence of the Public Service, which is crucial for an objective and independent media environment in the country. Moreover, the re-appointment took place despite the court's final judgment in the case, which clearly shows a lack of will to respect final court rulings.
Another significant example is the amendment of the General Law on Education, which transferred the selection of school directors from school boards, with the participation of parents and teachers, to the Ministry of Education, Science and Innovation. This represents a significant setback compared to previous reforms aimed at decentralizing decision-making within the education system. Centralized selection of school principals by the Ministry potentially re-establishes the supremacy of political expediency in the education system.
Another worrying case is the amendment of the Law on Energy. Originally announced as a technical adjustment in accordance with the introduction of the key Law on the use of energy from renewable sources, the amendment made a fundamental change within the institutional framework of the energy sector. Thus, instead of technical adjustments, there was a change in the procedure for the selection of members and the president of the Board of the Regulatory Agency, which potentially affects the independence of this important body, which has a key role in the implementation of relevant EU regulatory policies and serves as one of the mechanisms of supervision for state-owned enterprises in energy sector.
The amendments to the Law on Inspection Supervision aimed to abolish the independent Directorate for Inspection Affairs, which was established more than ten years ago with the support of the EU, while transferring control over inspections directly into the hands of the relevant ministries. This is worrying because it increases the risk of political influence.
Amendments to the Law on Local Self-Government Financing introduced a new instrument of financial equalization of municipalities, which gave the Ministry of Finance the discretionary right to take funds from some municipalities and transfer them to other municipalities without established legal criteria and contrary to the principles of decentralization of power.
Despite negative reactions from the Central Bank, the Association of Banks and the EU Delegation, the Assembly adopted the Law on the Development Bank without prior public discussion. The law envisages the establishment of a quasi-commercial bank with the ability to perform payment transactions and accept deposits, but without the same regulatory controls that apply to commercial banks and with an unclear management structure. This ambiguity can lead to the politicization of the institution, as it gives the Government, instead of the Central Bank, almost unlimited flexibility in shaping its functioning.
The latest amendments to the Law on Internal Affairs pave the way for political control of the process of recruitment and promotion of police officers, which significantly deviates from the recommendations of the European Commission that "appointments based on merit and procedural protection from political influence should be the guiding principles in police reform."
Instead of an independent commission overseen by the Human Resources Administration that checks the knowledge, abilities, competencies and skills of candidates for employment within the Police Administration, the minister will, in accordance with the amendments to the Law, be responsible for forming the commission and determining the criteria that the commission will apply. The new recruitment procedure will be carried out without public advertising, which is contrary to the provisions of the Law on Civil Servants and State Employees, which guarantees equal opportunities for employment to all citizens.
Also, the changes introduce the possibility of "extraordinary promotion", which allows for potential selective promotions through a shortened procedure. This is contrary to GRECO's recommendations for the fight against corruption in Montenegro, which require that all police promotions be based on merit without undue political influence.
Change The Law on the Judicial Council and Judges provides for the extension of the mandate of eminent lawyers in the Judicial Council for two years if the deputies cannot agree on the election of new members. This provision can encourage political trading around important public offices. This decision is also disputed from the aspect of compliance with the Constitution of Montenegro, which clearly states that the mandate of the members of the Judicial Council, which has a president and nine members, lasts four years.
All these examples not only represent obvious evidence of the deterioration of democratic principles and practices, but this kind of action aims to establish political control over bodies that are expected to be professional and independent.
3. Public administration reform is missing
The postponement of the adoption of two key laws that define the functioning of key state institutions such as the Government and the Assembly is an indicator of a worrying lack of responsibility.
The Law on the Government, which was already prepared and was the subject of consultations with the Venice and European Commission two years ago, and which foresees 15 ministries, was put aside. The adoption of this law is particularly important because it would standardize the activities of the executive power, limit abuses and clearly define the powers of the Government in situations such as loss of trust, which was the case in the previous period.
The obvious reason for delaying the adoption of this law is the composition of the 44th Government, which is not in agreement not only with the draft of this law, but also with the proclaimed state priorities and obligations arising from the EU integration process. With a total of 32 members, 7 vice presidents and 24 ministers, the current government is the largest in the history of Montenegro and one of the largest in the world.
If we add to this number the advisers of the prime minister, the advisers of all seven vice-presidents, as well as more than 50 state secretaries, we arrive at the number of more than 100 high-ranking state officials in the Government of Montenegro alone. This is only a symbolic example of what is a much wider trend of increasing the number of politically appointed officials.
At the same time, the delay in the adoption of the Law on the Assembly is equally worrying. This law is crucial for regulating numerous currently unsettled situations, strengthening the responsibility of the Assembly and ensuring its efficient functioning, especially in key issues such as appointments in the judicial system, such as the publication of a new public call for the election of one missing judge of the Constitutional Court, which is almost awaited three months, or publication of a public call for the election of the two missing members of the Prosecutor's Council. Continued failure to take steps in this direction not only hinders the legislative process, but also undermines public confidence in the institutions whose role it is to protect democratic principles.
Broadly speaking, the reform of public administration in Montenegro is at a standstill. One of the main problems is the growing political influence on key institutions, which threatens the independence and professionalization of the public sector. Recent legislative changes have enabled increased political control over public institutions, including the public media broadcaster, the education system, financial institutions, the police, inspection services, etc. All of this undermines reforms aimed at ensuring professional, independent and efficient public administration, which is a key condition for EU integration.
In addition, the cumbersome Government, with an increasing number of political appointments, significantly contributes to the inefficiency and politicization of public administration, thus colliding with reforms that should promote appointments based on merit and transparency.
4. There is no fundamental reform of the judiciary
Judges of the Special Department of the High Court in Podgorica, who are in charge of dealing with cases of organized crime and corruption, warned decision-makers and the public about an "alarming situation" due to insufficient resources and a growing number of pending cases, making it clear that Montenegro will have difficulties in fulfilling the criteria from the negotiation chapters without urgent reforms in the judiciary. They expressed concern about the impossibility of appointing qualified judges due to systemic problems and inadequate working conditions, which deters young experts from engaging in the judiciary.
The judges highlighted the reasons for the significant backlog in resolving cases, assessing their working conditions as unfavorable compared to similar court departments in the region and called for urgent and comprehensive reforms, including changes to the Criminal Code and an increase in the number of employees, in order to effectively deal with organized crime cases. and corruption, but also ensured that the judicial system can fulfill its key role in strengthening the rule of law in society.
The Special Division of the High Court is essential for fulfilling the obligations arising from the EU accession negotiations; however, the impression is that this situation is not being taken seriously enough, and the Government is failing to tackle these urgent challenges.
Although priority was given to the IBAR laws, one gets the impression that they were adopted only to fulfill the formal requirements for obtaining of IBAR while, on the other hand, key systemic reforms are still unaddressed.
Without resolving these issues, the work of the supreme and special state prosecutor's offices, and the overall progress in democratic development and the EU accession process, are called into question.
5. The proposal for the Law on Agents of Foreign Influence represents a direct attack on the civilian sector
In October 2024, parts of the ruling majority requested the urgent adoption of the Law on Agents of Foreign Influence. According to this request, the Law would refer to those who "…try to influence the internal and foreign policy of our country under the guise of NGOs..."
This initiative was perceived by numerous NGO organizations as an attempt at institutional pressure against the civil sector and a move that threatens freedom of speech and association as fundamental values of every democratic society. More broadly, a similar law in Georgia has been assessed by the EU as an example of potentially malign influence.
Therefore, this initiative was interpreted as a clear departure from the basic EU values and standards that we strive for on the way to full EU membership.
6. Illegal appointments and dismissals undermine the rule of law
In recent months, the Government has made a number of decisions that have raised legitimate doubts about their compliance with the principles of good governance. These actions of the Government show a worrying pattern of illegal behavior.
Both the unconstitutional dismissal of the representative of Montenegro before the European Court of Human Rights and the dismissal of the Director of the Police Administration are examples of ignoring the rule of law.
The dismissal of the representative of Montenegro before the European Court of Human Rights, without a clear legal justification, represents disrespect for the law on the part of the Government. The mandate of the representative was arbitrarily terminated, which caused the professional public to worry about the political motives behind this decision. A few months later, the courts confirmed the violation of the law and the Constitution by the Government of Montenegro in this case.
At the same time, the Government dismissed the director of the Police Directorate and elected a new, acting one, on the proposal of the Prime Minister, although there was no legal basis for this in the Law on Internal Affairs, which stipulates that the director can only be nominated by the Minister of Internal Affairs. The court later ruled in favor of the former director of the Police Directorate.
These cases reflect the Government's attempts to dismiss and appoint individuals to key positions in violation of the law, thereby undermining the rule of law and the protection of human rights.
7. Deterioration of relations with Croatia disrupts good neighborly relations as one of the key preconditions for EU membership
Good neighborly relations are crucial for the EU integration process, because the EU sees regional cooperation and stability as key factors for accession and full membership. However, the adoption of the Resolution on Jasenovac by the Parliament of Montenegro affected the deterioration of relations with Croatia, the only neighboring country that is a member of the EU.
One gets the impression that by adopting the Resolution on Jasenovac, Montenegro took an unnecessary step, opening doubts about whether this move was really in the country's best national interest. Given that Serbia avoided adopting a similar resolution, citing concerns about potential damage to relations with Croatia, the question arises as to why Montenegro got involved in this issue.
In response to the adoption of the Resolution, Croatia declared the President of the Assembly and the Deputy Prime Minister, two key figures in addition to the Prime Minister within the ruling majority, to be personae non gratae in their words "due to systemic action on the disruption of good neighborly relations" and "continuous abuse of the Republic of Croatia for internal political purposes ."
Although both countries share a history of cooperation in post-Yugoslav regional initiatives, including joint efforts for Euro-Atlantic integration, these disputes have strained the formerly friendly relations between the two neighboring countries.
8. Populist economic measures cause considerable concern
Recent economic measures of the Government of Montenegro have caused considerable concern among the professional public, relevant domestic institutions, but also international organizations, especially due to the diversion of funds from the state Pension and Disability Insurance Fund (PIO Fund) into household consumption and corporate profits. By reducing pension contributions, the Government has created a significant deficit in the PIO Fund, which it plans to cover through indirect taxation of some key economic sectors, including tourism and agriculture, thus reducing the international competitiveness of these economic sectors.
This approach collapses the existing pension system, effectively turning pensions into a social protection mechanism instead of an economic category based on pension contributions. These measures were introduced without initiating a comprehensive reform of the pension system and, more critically, without consultation with the general public or experts in the field.
It is realistic to expect that such policies will worsen the fiscal position of Montenegro, because the deficit will of the pension fund burden public finances. In addition, an increase in indirect taxation could further worsen the situation by increasing inflation, which would further burden the economy and reduce the purchasing power of citizens. This combination of fiscal burden and inflation causes strong concern among the professional public.
9. The unfinished local elections in the municipality of Šavnik reflect the weakness of the Montenegrin electoral system
The final results of the elections for councilors in the municipality of Šavnik, held in October 2022, have not been published due to the fact that the elections have not been completed at two polling stations. Due to the shortcomings of the electoral system, a situation occurs in which, after complaints, the State Election Commission makes a decision asking the Municipal Election Commission of Šavnik to make a decision on repeating the election at two polling stations, after which this decision is not adopted due to political divisions within the commission itself . In this way, two years after they started, the local elections in the municipality of Šavnik are still not finished.
The example of Šavnik shows all the weaknesses of the Montenegrin electoral system, such as the problems of an out-of-date voter list and "election tourism", where voters are transferred from one municipality to another just to vote, but also political abuse of the electoral administration, as well as inadequate reactions of state institutions in order to the end of the election. In this way, the elections in Šavnik have, unfortunately, become a symbol of the defeat of our electoral system.
The issue of local elections in Šavnik also has aspects that should be resolved through the work of the Committee for Comprehensive Electoral Reform, including changes to the Law on the Election of Councilors and Members of Parliament. However, comprehensive electoral reform has not progressed.
This lack of political will to enact the necessary reforms suggests that the Government does not have a clear or effective plan to improve the electoral system, thus creating a cycle of unresolved local government crises.
10. There is a lack of institutional support in response to environmental crises and emergency situations
Responses to environmental crises and emergency situations in Montenegro indicate serious deficiencies in the institutional response. In most cases, local self-governments are left to fend for themselves without adequate support from the central government. During the latest outbreak of "Kew fever", farmers urgently appealed to the relevant authorities, asking for more urgent and coordinated support from the Government level.
The slow reaction highlights the ineffectiveness of intervention at the state level, where in difficult situations municipalities are forced to fight alone, and without adequate capacities.
Also, local authorities are mostly left to solve the problems of citizens and the economy caused by the weather. This was also the case with the municipality of Savnik, which was seriously affected by large floods, and despite appeals, according to the statements of the municipality's leader, it did not receive the necessary help from the central government.
Similar incidents, such as lead contamination in the port of Bar, indicate how both workers and citizens are exposed to risk due to the lack of rapid institutional control and supervision. In this case, for a long period of time, the citizens were not warned about the high concentrations of harmful substances in the area of Luka Bar, which is located near the pedestrian zone of the city.
All these cases highlight a broader systemic problem in Montenegro: the failure of state institutions to offer timely and effective support to municipalities during environmental crises and emergencies. All this shows the lack of a comprehensive environmental management strategy at the state level.
All the mentioned worrying trends are a warning sign and a call to action. Otherwise, if these trends continue, the country will face a slowdown in its path to the EU and a deterioration in the level of its democratic development.
Democracy is not a one-way street, but a process that is nurtured and improved every day. Also, the EU accession process, as a national foreign policy priority and strategic orientation, supported by the vast majority of Montenegrin citizens, requires the full commitment and responsibility of decision makers.
Therefore, it is extremely important that the Government and the ruling majority change their political and institutional behavior, and show a clear commitment to democratic principles and the rule of law, so that the state can deliver to its citizens the proclaimed goal, which is EU membership in 2028.
