Ref. Ares(2017)771981 - 13/02/2017
procedure for appointment of public prosecutors, the Delegation informed the participants that
all heads of public prosecutor's offices had been elected and that the election of public
prosecutors for vacant prosecutor's positions was underway. When it comes to administrative
capacity building in the secretariats of the Judicial and Prosecutorial Council, as well as the
transparency of their work, a need was stressed for amending the Rulebook on Job Descriptions
in the secretariat of the Judicial Council, whereby a certain number of positions in the ICT
department would be reduced, while increasing the number of positions in the Department for
normative activities and status issues of judges and in the general legal department. Also
provided was detailed information regarding the establishment of the secretariat of the
Prosecutorial Council and improvement and transparency of work of the Supreme Public
Prosecutor's Office and the Prosecutorial Council.
2.2. Accountability
Representatives of the EC Delegation noted that the submitted information regarding
disciplinary proceedings was incomplete, and
the Montenegrin Delegation undertook the
obligation of submitting the revised information in writing. Representatives of the EC
Delegation suggested that training be organised on the Code of Ethics for judges and
prosecutors through a TAIEX mission, since the training courses thus far had not been
systematic. Also, the EC Delegation expressed concern about the fact that the judicial inspection
had thus far failed to observe irregularities in the work of judges and prosecutors. Following the
question regarding integrity plans in courts, representatives of the Montenegrin Delegation
stated that all courts had adopted the integrity plans and that managers had been appointed in
charge of monitoring their implementation and that they submit a report on their
implementation to the president of the court, who then submits them to the Supreme Court,
since there is no central body for monitoring these plans. With regard to the functional
immunity of judges, the Montenegrin Delegation reminded the participants that judges are not
absolved from accountability with respect to a committed criminal offence, but that the Judicial
Council is only requested to authorise ordering of a custody, as a measure for ensuring the
presence of the defendant in that proceeding, not an authorization for instituting court
proceedings.
2.3. Efficiency and professionalism
When asked by the EC about providing reliable data on the work of the judicial system,
representatives of the Montenegrin Delegation informed the participants that the adopted
Instruction on drafting statistical reports on the work of courts in accordance with the CEPEJ
guidelines acts as a by-law, and that reports containing three types of data will be modelled
upon it: data on workload in courts and length of proceedings, data on analytics (data
processing according to CEPEJ indicators) and data on financial and human resources. When
prompted to provide information regarding the reasons for the decrease in the number of cases
resolved by basic and commercial courts during 2014, representatives of the Montenegrin
Delegation stated as the main reason the fluctuation of staff in these courts and pointed out
that these courts had an almost 100% clearance rate for the inflow of cases this year, and that
they are therefore efficient according to CEPEJ benchmarks. Also,
the Montenegrin Delegation
undertook an obligation of submitting to the EC experts an overview of the number of
pending cases before basic and commercial courts after the Report on the work of courts for
2014 is drafted. With regard to improving the efficiency of the Constitutional Court, they stated
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that a special project of capacity building in the Constitutional Court would give results in the
forthcoming period as well. In response to the interest expressed by the EC Delegation
concerning transfer of first judges, on the basis of the new system of horizontal mobility of
judges, they informed the participants that the system of voluntary and permanent
appointment of judges from one court to another is expected to take place after the new Law
on the Judicial Council and Judges and the new Law on Courts enter into force. In addition, the
Montenegrin Delegation provided reasons for the drop in productivity of courts relative to
enforcement cases and stated that a programme for resolving enforcement cases for this year in
the Basic Court in Podgorica had been prepared. In line with this topic, the EC Delegation
proposed that a meeting be organised in March during the expert mission where a discussion
would take place regarding the advancement of the process of implementation of the new
enforcement system through public bailiffs. The Montenegrin Delegation stated that the funds
had been provided for the work of the Judicial Training Centre for 2015 intended for continuous
training, and that it had been determined that initial training was not necessary. Pursuant to the
new legal solutions, it was pointed out that, starting from 2016, the Centre would be an
institutionally and financially independent body.
2.4. Dealing with war crimes at state level
Representatives of the EC Delegation stressed that all allegations of war crimes should be
adequately followed up It suggested that an expert mission be organised on the development of
the strategy of the prosecution foreseen in the revised Action Plan with the aim ofidentifying
Montenegrin perpetrators of war crimes and opening new cases. The EC Delegation encourage
Montenegro to pro-actively cooperate with neighbouring countries, the ICTY, as well as
specialised NGOs.. Representatives of the Montenegrin Delegation stressed the cooperation of
the Special Prosecutor's Office with the competent prosecutor's offices in the neighbouring
countries and added that all pending cases in courts had been resolved and that all war crime
victims are entitled to access to justice, reparation, and compensation for damages.
3. Judicial cooperation in criminal and civil matters
Representatives of the Montenegrin Delegation informed the participants about the current and
planned activities concerning the concluded bilateral agreements with Kosovo and Turkey in the
area of international legal assistance. Also, they provided detailed information regarding the
alignment of the national legislation in the area of judicial cooperation in civil and criminal cases
with the EU acquis. As regards administration capacity building in the area of judicial
cooperation and application of the new statistical records, they stated that work commenced in
the Ministry of Justice on LURIS, an information system for international legal assistance cases,
and pointed out that, after all cases from 2014 and 2013 are migrated to LURIS, it will be
possible to compare track record of successfulness in acting upon letters rogatory for
international legal assistance in comparison with 2015. They informed the participants that all
training courses planned under a two-year training programme for 2014 had been conducted,
and that finalisation of training preparations for 2015 was underway. With regard to ratification
of the Hague Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance of 23 November 2013 and the Additional Protocol on the Law Applicable to
Maintenance Obligations, a note was made that the Action Plan for Chapter 24 foresees
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ratification of this convention by March 2015, and that the implementation of this measure falls
under the competence of the Ministry of Labour and Social Welfare. Also, it was stated that
after an expert mission and the positive assessments of EUROJUST regarding the data protection
framework, an official decision whether to initiall the cooperation agreement was expected. The
Montenegrin Delegation undertook an obligation of submitting the updated statistics
regarding cooperation of Montenegro with the EU judicial network in writing. The EU experts
suggested that for the next reporting to the European Commission, the Montenegrin Delegation
should submit an overview of data by countries with which Montenegro has international legal
assistance.
4. Fundamental right
4.1. General framework of human rights; fight against discrimination
EC representatives welcomed the adoption of amendments to the Law on Prohibition of
Discrimination and the Law on Protector of Human Rights and Freedoms, and at the same time
expressed regret for the fact that these amendments undermine the role of the Protector in
solving the cases of fight against discrimination, which is why the Law on Prohibition of
Discrimination still requires additional adjustments. They also welcomed the appointment of
two new deputies in the institution of the Protector and requested information concerning
implementation of the Law on Protector of Human Rights and Freedoms, amendments to the
Law on Gender Equality, as well as to the Law on Fight against Discrimination of Persons with
Disabilities. The Montenegrin Delegation reported about the adoption of the accompanying
implementing legislation for the Law on Protector of Human Rights and Freedoms, drafting of
the Report on work for 2014, plans for administrative capacity building, as well as about the fact
that the procedure for election of members of the National Prevention Mechanism (NPM) was
in its final stage. The EC stated that full alignment should be reached in the anti-discrimination
area, including by considering appropriate amendments to other relevant legislation such as the
labour Law. The EC also noted that the Ministry of Human and Minority Rights is severely
understaffed, and the internal organisation of the Ombudsman has to improve, to cope with the
broad mandate this institution is given.
In the area of gender equality and prevention of domestic violence, the EC representatives
requested information regarding the activities of the Parliament, the Ministry for Human and
Minority Rights, and the Ministry of Labour and Social Welfare. Representatives of the
Montenegrin Delegation stated that the Law on Amendments to the Law on Gender Equality
was in the Parliamentary procedure, that the activities on raising awareness were carried out
continuously in the area of gender equality and the issue of domestic violence, that a particular
emphasis was placed on following the Istanbul Convention, and that amendments had been
made to the Law on Election of Councillors and Members of Parliament with a view to achieving
the principle of gender equality. They also reported about the activities carried out at the level
of local self-governments, particularly stressing the adoption of local action plans and the
increase in the number of female councillors in local assemblies.
With respect to the evaluation of multidisciplinary teams on prevention of domestic violence,
representatives of Montenegrin Delegation reported about activities of the centres for social
work, prepared report on the work of multidisciplinary teams for 2013, and that the instructions
for implementation of the Protocol on Prevention of Domestic Violence was being drafted. The
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EC stressed that gender based violence remains an overall concern in the country; police should
be better involved in this area. Regarding the issue of de-institutionalisation, the Montenegrin
delegation pointed out that the Ministry of Labour and Social Welfare formed a working group
which drafted the Operational Plan of transformation of the Children's Home “Mladost“in Bijela.
EC representatives expressed concern over the lack of progress in adapting the public buildings
to the needs of persons with disabilities, despite the fact that the Government had allocated
funds for this purpose in 2014, stressing in particular the case of the building of the Parliament
which is still inaccessible to persons with reduced mobility.
EC representatives commended the smooth organisation of the October pride parade in
Podgorica, as well as the support given by various institutions and the political representatives,
but they also expressed regret about the fact that in the course of last year LGBTI activists and
the social centre of the community were targets in a series of attacks. They suggested that
special attention be given to the only LGBT shelter in the country which had been closed due to
lack of external sources of funding, and that the Government should consider providing support
for its functioning, at least until the new donors are found.
Representatives of the Montenegrin Delegation gave a comprehensive overview of the activities
of the Police Administration during the three pride parades, as well as about the activities
undertaken regarding the issue of attack on the LGBT centre in Podgorica. They pointed out that
7 cases were formed in the prosecution for resolving the cases of attacks in which the victims
were members of LGBTI population. With a view to establishing better cooperation with the
LGBTI population, the Supreme Public Prosecutor's Office concluded the Memorandum of
Understanding and Cooperation.
4.2. Prevention of torture and ill-treatment, prison system
EC representatives welcomed the submission of the written contribution regarding the
implementation of CPT's recommendations, and stressed that a proper follow-up to all
recommendations is key in the continuation of negotiations in this area, notably with regard to
torture and ill-treatment in police stations. Follow-up to such cases and use of deterrent
sanctions are limited. They also stressed the importance of the adoption of the Law on
Enforcement of Sentence of Imprisonment, Fines, and Security Measures in line with the EU
standards, while expressing concern over an efficient enforcement of alternative sanctions due
to lack of administrative capacity. They requested information about the conflict that took place
between the detainees and guards in the prison in Spuž in mid-January, as well as concerning
the measures foreseen for the purpose of improving the delivery of medical services to inmates.
Montenegrin delegation representatives informed participants of the meeting on enforcement
of the Law on the Execution of Suspended Sentence and Community Service Sentence that was
adopted in July 2014, as well as the plans for strengthening human resource capacities of the
Directorate for Suspended Sentence. Activities carried out with a view to improving prison
conditions were particularly indicated. As regards prevention of abuse in police stations,
it was
agreed that Montenegrin delegation should subsequently submit the data on the number of
trainings organised for police officers and other measures taken.
4.3. Freedom of media
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The EC representatives requested an update on the activities undertaken with a view to
resolving attacks against journalists, as well as police protection guaranteed to journalists and
media and the method in which the Government implements recommendations of the
Commission for monitoring actions of competent authorities in the investigation of old and
recent cases of threats and violence against journalists and murders of journalists. Montenegrin
delegation representatives indicated that the Government initiated provision of protection to
the journalist Tufik Softić following his conversation with the Commission, thus fulfilling the
recommendation of the Commission, while the adapted Action Plan for Chapter 23 provided for
a sub-measure that implies semi-annual reporting for monitoring fulfilment of the Commission`s
recommendations. Montenegrin representatives also indicated that the Commission focused on
three cases: murder of the editor – in – chief of the daily newspaper ‘’Dan’’ Duško Jovanović,
attack on the journalist Tufik Softić and the attack on editorial office of the daily newspaper
‘’Vijesti“. Furthermore, Montenegrin delegation representatives informed participants of the
meeting on novelties concerning the criminal prosecution of suspects for attacks against
journalists, which refer to five cases. Preventive and repressive actions carried out by the Police
Administration in order to protect the journalists were also presented at the meeting. The EU
recalled that activities need to continue including to solve the old murder cases and identify not
only the material perpetrators but also those behind the attacks. It was also said that the
recommendations from the media monitoring commission have not been entirely followed up
by the government.
4.4. Minorities, internally displaced persons
The EC representatives emphasised the need for swift adoption of amendments to the Law on
Minority Rights and Freedoms and stressed the importance of formal recognition of the Roma
mediators in the area of education and health. They requested an update on the number of
internally displaced persons who applied for the status of foreigner in Montenegro by the end of
2014, on the cases still in the procedures, as well as support provided by the Ministry of Interior
to internally displaced persons in collecting all the required documents.
Montenegrin delegation representatives stated that the endorsement of the Proposal for the
Law Amending the Law on Minority Rights and Freedoms by the Government is expected by the
end of March. They also emphasised the importance of involvement of the Roma mediators,
and stated that there are currently six mediators working in the camp Konik. Special emphasis
was put on the establishment of the Operational Team on the grounds of the Memorandum on
Cooperation signed between the Ministry of Interior, the Ministry of Labour and Social Welfare
and the UNHCR, which provides daily support to displaced persons. Its validity period will be
extended by 31 December 2015 according to Annex to the Memorandum, thus providing
conditions for continuation of activities of the Operational Team and mobile teams of Kosovo, in
order to provide help in collection of necessary documents for all internally displaced persons
who submitted the request until 31 December 2014. At the same time, Montenegrin delegation
presented the data on submitted and resolved requests, as well as the number of requests
under procedure.
Since the EC expressed their interest in activities undertaken regarding construction of the new
housing facilities in the camp Konik, as well as relations with beneficiaries,
Montenegrin
6
delegation committed itself to obtaining the required information from the Housing Agency of
Podgorica and submitting them to the EC.
4.5. Data protection
The EC representatives indicated that the new package of the
acquis on data protection will be
adopted this year and expressed their interest in activities and cooperation between the Agency
for Personal Data Protection and representatives of the judiciary, prosecution, police and
security services. They pointed to the importance of monitoring of the new regulations and case
practice in the field of personal data protection. Representative of Montenegrin delegation
clarified that all regulations from the field of personal data protection were regularly monitored,
and that all novelties and case practice in that field were exchanged with representatives of the
mentioned institutions. He informed participants of the meeting on activities carried out in the
field of control of the police and mobile phone operators, and indicated that there were no
cases of violations of the Law on Data Protection established thus far.
5. Prevention of money laundering
The EC representatives welcomed amendments to legislation in the field of prevention of money
laundering through improvement of the sanctioning system, and at the same time recalled the
need for further aligning of the normative framework with the EU standards in this area. They
also stressed the importance of continuous and systematic trainings for all relevant reporting
entities and requested an update on trainings carried out in 2014, as well as on the measures
undertaken in order to strengthen the IT system of the Administration for Prevention of Money
Laundering and Financing of Terrorism. They indicated that the number of suspicious
transactions continued to be low in comparison with cash transactions and that no cases were
opened during 2014 for the criminal offence of money laundering, in the special prosecution for
organised crime and corruption. They reminded that the MONEYVAL report, which will be issued
in April, will be particularly important for the reform in the field of the fight against money
laundering.
Montenegrin delegation representatives informed participants of the meeting on the new Law
on Prevention of Money Laundering and Financing of Terrorism which is aligned with FATF and
MONEYVAL recommendations. They also pointed to the increase of lower limit of fines for
misdemeanours.
Montenegrin delegation proposed submission of the written contribution
and the EC accepted the proposal. In addition to information on legislative activities,
Montenegrin delegation informed participants of the meeting on two trainings conducted
during 2014 with the support of TAIEX, which were aimed at improvement of the work of those
implementing the new Law, and stated that three trainings were planned during 2015. They
indicated that development of adequate software was initiated with the help of the EUROL in
order to improve the existing information system of the Administration for Prevention of Money
Laundering and Financing of Terrorism.
Montenegrin delegation representatives informed participants of the meeting on establishment
of the new unit for conducting financial investigations, suppression of the criminal offences of
money laundering and financial crime in the Department for the Fight against Organised Crime
of the Police Administration. They pointed out that cases were established in the prosecutor`s
office on the basis of information on suspicious transactions provided by the APMLFT and that
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they were in the preliminary investigation phase. They stated that cooperation is achieved
through the INTERPOL as well.
The EC representatives indicated that leaving of the trained staff represents the important issue,
which requires appropriate solution in order to keep the existing staff, and Montenegrin
representatives stated that low wages represent the main and the most common cause for
leaving the public sector, due to which trained officers decide to look for employment in the
banking sector. Furthermore, the EC representatives expressed their interest in the Strategy for
prevention and suppression of terrorism, money laundering and financing of terrorism (2010-
2014), having in mind the fact that its validity period expired. Montenegrin delegation informed
participants of the meeting that development of the new Strategy for the following four-year
period and the accompanying Action Plan has been initiated, that the Report on implementation
of the Strategy is developed every six months and published on the website of the institution,
and that the first Report on implementation of the new Strategy will be prepared in July 2015.
Montenegrin delegation also stated that incorporation of the Fourth EU Anti – Money
Laundering Directive is underway and that the information provided will be
submitted to the EC
within the written contribution.
The EC representatives concluded that it is necessary to intensify efforts for strengthening
professional capacities of the Police Administration in order to enable them to reveal suspicious
activities that may be related to money laundering.
6. Anti-corruption policy
a. Prevention
Having in mind the fact that the National Strategy for the Fight against Corruption and
Organised Crime (2010-2014) and the accompanying Action Plan (2013-2014) expired at the end
of 2014, the EC representatives pointed out that a mechanism needs to be in place to ensure
the implementation and monitoring of measures which were not implemented by the
mentioned deadline. Montenegrin delegation representatives stated that all measures from this
field which were not implemented will be included in the Operational Document which should
be prepared by June 2015, and that the structure in charge of the Chapter 23 will also be in
charge of monitoring the mentioned document.
The EC representatives commended the adoption of the package of laws related to prevention
of corruption, as well as adoption of the Code of Ethics for the Members of the Parliament.
Furthermore, they stressed the importance of ensuring timely establishment and start of
operation of the new Anti-Corruption Agency, and that preparations in terms of adoption of
secondary legislation, appointment of the agency's management, logistics, recruitment and
training of staff need to be completed in due time before the planned starting date of January
2016. Montenegrin delegation representatives indicated that the DACI developed a detailed
plan for adoption of bylaws, and that the base for development of the IT system of the Agency
represents the “
source code” that was taken from the Anti-Corruption Agency of the Republic of
Serbia. They also stated that the analysis of the existing system will be carried out in March and
April, that the adjustment, installation and training of users will be performed in the course of
July, August and September, while connection with databases of the relevant institutions should
be established by December. Montenegrin delegation also stated that the premises for the work
8
of the Agency will be provided by the first half of the year, that the procedure for appointment
of management of the Agency should be launched soon, that the Agency will take employees
from the DACI and the Commission for Prevention of Conflict of Interest, and that recruitment
of the additional staff will be possible only when the budget of the Agency becomes active, with
start of operation of the Agency on 1 January 2016.
The EC representatives stated that they expect that the Agency will start its operations in due
time and regretted that for the purpose of verifying data contained in asset declarations the
Anti-Corruption Agency has not been given the competence to access all relevant data held by
other institutions, including data on bank accounts and accounts of other financial institutions
without prior approval of the concerned public officials. In that context, the EC representatives
proposed amendments to the relevant legislation. Montenegrin delegation representatives
pointed out that the Ministry of Finance will consider the possibility of amending the Law on
Banks in order to provide the access to banking data, and indicated that the current solution
implies the access to data with consent of a public official.
The EC representatives expressed concern about the fact that results in terms of track records in
key areas of prevention of corruption, including control of conflict of interest, asset declarations
and financing of political parties and electoral campaigns, remain extremely limited, also with
regard to the application of deterrent sanctions and stressed the need to step up efforts in order
to properly implement the legislation in force. Furthermore, they reiterated that until the new
Anti-Corruption Agency becomes operational the existing institutions in the area of prevention
of corruption need to be strengthened and they need to show a more proactive attitude. With
regard to that, Montenegrin delegation stated that the State Audit Institution adopted in
February the Rulebook on Internal Organisation and Job Descriptions, thus creating precondition
for strengthening administrative capacities of the Commission. They also stated that the State
Electoral Commission launched 12 misdemeanour proceedings in compliance with the Law on
Financing of Political Parties and Electoral Campaigns. In addition, Montenegrin delegation
indicated that the Commission for Prevention of Conflict of Interest controlled the asset
declarations of more than 60% of officials during the last year, and that the Commission for
Prevention of Conflict of Interest adopts decisions for the purpose of launching the
administrative proceeding against the officials who fail to deliver declarations on their property.
They also stressed the preventive role of the Commission, which is fulfilled through regular
informing of the public officials on their obligations and stated that the electronic register will
be established soon within the database of the Commission.
The EC representatives particularly stressed the fact that the practice of discontinuing
proceedings if officials provide additional information and correct their data in case of identified
irregularities should be abolished as soon as possible. They stated that such practice makes the
asset declaration system ineffective since it is not accompanied by sanctions in case of identified
irregularities. The EC representatives also stressed that the lack of electronic case management
threatens the transparency and impartiality of the work of the Commission for Prevention of
Conflict of Interest.
As regards the control of financing of political parties, the EC representatives commended the
plans for strengthening administrative capacities of the State Electoral Commission as foreseen
in the adapted Action Plan. They stressed the importance of building capacities for complete
and proper implementation of the legislative framework regulating political party financing and
9
stated that the development of a track record of effective control of party financing has not yet
started. Montenegrin delegation stated that the launched misdemeanour proceedings were
discontinued due to decision of the Constitutional Court to abolish certain provisions of the Law
on Financing of Political Parties and Electoral Campaigns.
It was agreed that the EC should
receive the written information and updated table on cases related to possible irregularities
during the last elections.
The EC representatives commended launching of three criminal proceedings against police
officers on the basis of irregularities detected in their asset declarations, as well as legal
amendments foreseeing control of asset declarations of police officers by the new Agency and
emphasised the need for systematic checks of reported assets. They also stressed the need to
ensure systematic implementation and monitoring of integrity plans in all relevant state
authorities.
Montenegrin delegation informed participants of the meeting that the DACI is currently
collecting the data on adopted integrity plans, while the Commission for Prevention of Conflict
of Interest will be obliged to review the quality and monitor the implementation of plans.
Pursuant to obligations stated in the AP 23, development of quality analysis has been planned
for integrity plans adopted so far, along with improvement of software application that will
facilitate the collection of data related to plans, as well as their monitoring.
EC representatives requested information on implementation of the Law on Lobbying and
planned adoption of by-laws, to which the representatives of the Montenegrin Delegation
replied that plans were in place for drafting five by-laws by June and three forms for
implementation of the Law.
EC representatives stressed the need for full implementation of preventive measures in the
areas particularly vulnerable to corruption, both within the sector action plan and within the
Action Plan for Chapter 23. They stated that relevant activities according to the Action Plan for
Chapter 23 appear limited. They also noticed that important measures of the Action Plan in the
area of public procurement (establishment of a risk analysis methodology for conducting
inspection control, inspection capacity building) had not been fully implemented yet. They
pointed out that control of contract enforcement remained a cause for concern and noted that
neither the State Commission for Control of Public Procurement, nor the State Audit Institution
had ever reported any suspicion of the existence of corruption to the public prosecution.
Representatives of the Montenegrin Delegation indicated that a working team had been formed
for drafting risk analysis methodology and that expert assistance was requested through TAIEX.
They also indicated that, in cooperation with other institutions, training courses and education
would be organised for persons dealing with public procurement affairs, and that SIGMA reports
on public procurement system assessment were expected soon. Given the extended
competence of the public procurement inspection, they pointed out that the procedure of
employment of another inspector was ongoing, in addition to the existing two.
b. Repression
EC representatives expressed concern about the delayed adoption of amendments to the
Criminal Procedure Code and the Law on Seizure and Confiscation of Property, expressing their
10
interest in the reasons for why it had happened. Representatives of the Montenegrin Delegation
explained that the drafting of the Criminal Procedure Code was in its final stage and that at the
beginning of March it would be sent to the Parliament for adoption, while the Law on Seizure of
Property would be sent once again to the EC for comments, so it is expected that these laws will
be adopted before the planned deadline (June/October 2015). EC representatives promised that
they would try to submit comments to the Law on Seizure of Property shortly and they
expressed hope that all recommendations of the EC and the VC would be incorporated into the
Law on Special Public Prosecutor's Office which was to be adopted. They also indicated that for
the operability of the Special Public Prosecutor's Office to be established, adequate resources
would be required, and they requested information regarding the plans for the establishment of
the new office (premises, budget, staff hiring, information security system). Representatives of
the Montenegrin Delegation clarified that the deadlines for election of the chief special
prosecutor and special prosecutors were laid down by the law, that after the law was adopted,
the accompanying implementing legislation would be passed, that development of a new
information system for connecting with databases of other bodies was underway, and that the
IT system will be fully up and running by March 2016, while connection with web-services will
take place by 2017. Regarding the state of play with respect to staff capacity, they informed the
participants that an assessment had been made and that the exact number of employees will be
known after the Law is adopted.
EC representatives requested clarifications with respect to measures from the Action Plan
related to the strengthening of the Special Public Prosecutor's Office that had not been
implemented, to which the representatives of the Montenegrin side replied that the Rulebook
on internal organization and job descriptions had been changed and that the measure related to
the administrative capacity building had been partially met, that two technical assistants had
been hired, that there would be another job opening for two IT employees, since during the first
time candidates who had applied did not meet the legal requirements. As regards the second
measure related to expansion of the spatial capacity, it was pointed out that the premises would
soon be provided.
EC representatives recalled that as a matter of priority increased efforts need to be made to
develop a track record of combating corruption, in particular as regards effective investigation,
prosecution and final convictions, including in high-level cases. They underlined that financial
investigations as well as the instruments of seizure and confiscation of criminal assets need to
be systematically applied.
EC representatives expressed interest in the steps taken regarding enhancement of the inter-
institutional cooperation and exchange of information, particularly on the basis of the Protocol
on Cooperation between the Police Administration and the Supreme Public Prosecutor's Office,
and suggested introduction of the provisions of this Protocol into the Criminal Procedure Code.
Representatives of the Montenegrin Delegation stated that they were satisfied with the level of
cooperation that took place on the basis of the signed Protocol, that a joint team has been
formed for drafting the Report on work of the Ministry of Interior and the Supreme Public
Prosecutor's Office for 2014, and that the working group in charge of amendments to the
Criminal Procedure Code had considered the possibility of introducing the provisions of the
Protocol into the Criminal Procedure Code, and pointed out that there was no need for that
since the essence on which the Protocol on joint work is based had already been laid down by
the Criminal Procedure Code.
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EC representatives welcomed the establishment of a uniform database for monitoring the
procedures including criminal offences with elements of corruption, pointing out that thus far
the Judicial Information System (PRIS) covers only the stage from initiating charges to the final
judgement, while the database had been initially intended for monitoring procedures from the
submission of report on the criminal offence to the enforcement of the judgement. They also
pointed out that the stages of pre-trial investigation and investigation represent key stages that
need to be systematically monitored and enquire about plans and timelines for covering also the
police and prosecution parts. Representatives of the Montenegrin Delegation indicated that the
Action Plans foresee implementation of the measure related to uniform statistical reporting,
that plans were in place for entering the data that can be entered into PRIS by the public
prosecutor's offices, and that, after the information system of the public prosecution is
established, automatic transfer of data into PRIS is provided as well.
7. Police cooperation, fight against organised crime
EC representatives requested information about the process of ratification of the Operational
Cooperation Agreement with Europol and about the activities implemented with a view to
enhancing police cooperation, with particular emphasis on the functioning of the Joint Centre
for Police Cooperation between Montenegro, Bosnia and Herzegovina, and Serbia in Trebinje.
Montenegrin Delegation informed the participants that the Agreement on Operational and
Strategic Cooperation between the Government of Montenegro and the European Police Office
had been signed on 29 September 2014, and that voting was underway in the Parliament on the
Proposal for the Law on Ratification of the Operational Agreement. They reported that a
procedure commenced for the selection of a police officer who would be assigned to work in the
seat of Europol in the capacity of a police liaison officer. It informed the participants about the
plans related to strengthening of police cooperation, with the emphasis on cross-border
cooperation (Prüm Decision) and exchange of information between the law enforcement
authorities of EU Member States (Swedish Initiative). In the context of the Prüm Decision, it
pointed out the activities at the national level on the establishment of required conditions for
DNA exchange of data at the international level as well, pursuant to the Police Cooperation
Convention for Southeast Europe, on the establishment of Balkan Prüm network under which an
agreement would be signed for direct access to databases for DNA between the signatory
countries to the Convention.
EC representatives expressed their interest in the engagement of the police in line with the
newly adopted legal solutions. They requested information about the plans for organization of
the Special Police Service pursuant to amendments to the Law on Internal Affairs. They
reminded the participants of the importance of reform and restructuring of the police
organization in line with the priorities defined in the document “Serious and Organised Crime
Threat Assessment” – SOCTA. They stressed the importance of employment and training in the
police so as to establish transparent and professional work. They expressed concern about the
modest track record with respect to more complex forms of organised crime, such as people
smuggling, trafficking in human beings, money-laundering and cigarette smuggling. As regards
enforcement of the Law Amending the Law on Witness Protection, the EC representatives
requested more detailed information on results of its enforcement. Montenegrin delegation
representatives stated that police officers passed the appropriate trainings within the Police
Academy. In order to increase independence, professionalism and transparency of the police,
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The EC representatives required an overview of the activities implemented in 2014 in line with
the revised Integrated Border Management Strategy for 2014-2018 and asked for information
on the implementation of the twinning project for drafting the Schengen Action Plan, as well as
on the cooperation with FRONTEX. They welcomed the adoption of the Plan for fight against
corruption at border crossing points. The EC representatives expressed particular interest in the
activities regarding the cooperation with the neighbouring countries in this area. The
Montenegrin delegation presented in detail the realised activities from the Action Plan for the
implementation of the IBM Strategy in 2014 and reported statistical data which were the result
of joint activities of the Border Police and Customs Administration. They informed about the
preparation of an agreement on the state border with the neighbouring countries, the border
crossing points, police cooperation, joint patrols and closure of banned roads for border
crossing. They stated that the realisation of the twinning project “Support the Adoption of the
Schengen Acquis” started on 1 November 2014 and will last until April 2016 and informed about
the components of the project as well as the dynamics of the realisation of activities which is
satisfactory and within defined timeframe. The EC delegation recalled that the surveillance of
the land and sea border requires further strengthening of material and human resources. As
regards the current cooperation with FRONTEX, the Montenegrin delegation pointed out that
the cooperation with this agency is realised through the Common Core Curriculum of FRONTEX
for border guards which is integrated with the Training Curriculum of the border police of
Montenegro. Asked by the EC representatives about the investigative competences of the
border police, the delegation of Montenegro pointed out that amendment to the Law on
Internal Affairs envisage the appointment of a field officer for prevention of cross border crime,
who will be in charge of the investigation affairs. As regards the fight against corruption at
border crossing points, the delegation of Montenegro presented in detail the implemented
measures from the Action Plan for the realisation of the Joint Plan of Measures for Prevention
and Repression of Corruption for 2014. They informed that presentation of the annual report on
the implementation of this Action Plan is envisaged for April 2015.
The EC representatives asked
for the submission of statistics on the corruption at border crossing points in writing. Asked by
the EC representatives about the Montenegrin visa system, the delegation of Montenegro
presented information on the visa regime for the citizens of the United Arab Emirates, Moldova,
Azerbaijan and owners of valid Schengen visa, USA visa, visas of the United Kingdom and
Northern Ireland and the Republic of Ireland, as well as the data on the number of visas issued
at border crossing points. Furthermore, the delegation of Montenegro mentioned activities
carried out within the mechanism for the post-visa liberalisation monitoring in order to fight the
phenomenon of submitting unfounded applications for asylum in the European Union and
Schengen countries by the Montenegrin citizens. The EC delegation took note of this situation
and requested Montenegro to continue fulfilling its obligations in this field.
12. Fight against terrorism
The EC representatives asserted that Montenegro has to make a step forward in its antiterrorist
and antiradical efforts from the six priorities of the European Union in fight against terrorism.
They expressed their interest regarding the amendments of the Criminal Code in the part
related to the foreign fighters and prevention of radicalisation, as well as for the Action Plan for
the implementation of the Strategy for Prevention and Suppression of Terrorism, Money
Laundering and Terrorism Financing during the past year. The Montenegrin delegation informed
about the realisation of measures from the Action Plan 2012-2014 for the implementation of
the mentioned strategy emphasising that during 2014 they reported two times, and that the
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seventh report contains a detailed tabular overview of the realisation of measures during the
period July-December 2014. They mentioned that Montenegro adopted amendments to the
Law on Explosive Substances, the Law on Basics of the Intelligence Security Sector of
Montenegro, as well as the Law on Transport of Dangerous Substances. They also informed
about the on-going procedure of amendment of the Criminal Code which will sanction the
Montenegrin citizens who are going away to foreign battlefields (foreign fighters), as well as the
persons who take part in providing any kind of assistance, transport, financing, organising and
participating in trainings. They informed about the forming of a measure of experts of the
Member States signatories of the PCC SEE, consisting of representatives of the Police
Administration, as well as forming of the South East Europe Firearms Expert Network (SEEFEN),
consisting of the representatives of the police, prosecution and customs service. They informed
about the organisation and holding of interagency trainings: SEESIM, MNE Quake, Abduction of
Aircrafts, with the aim of better connecting of subjects responsible in the field of prevention and
suppression of terrorism. Furthermore, they informed about the realisation of a workshop on
the topic of foreign fighters, in the organisation of the Ministry of Defence/Division for military
intelligence and security affairs in December 2014. They informed that the Ministry of Defence
signed the Agreement on mutual cooperation with the National Security Agency, so that it will
serve as the basis for drafting the Agreement on Cooperation between the Ministry of Interior,
the Ministry of Defence and the National Security Agency for the purpose of the exchange of
data important for efficient fight against terrorism. Representatives of the Montenegrin
delegation pointed out the National Commission started drafting the new Strategy for
prevention and suppression of terrorism, money laundering and terrorism financing, for the
period of next four years, which will focus on further improvement of the normative-legal
framework, administrative and material-technical capacities of relevant public bodies, following
trends and new training and specialisation programmes in this area. The Strategy will also
consider six priorities of the European Union in fighting terrorism. The EC delegation took note
of the information received and stressed that preventive tools and anti-radicalisation measures
are to be strengthened.
13. Other issues, closing remarks
The Head of the Montenegro Unit at the European Commission's DG Enlargement, Dirk Lange, in
his final address thanked for the contributions which the Montenegrin delegation provided by
participating in the Subcommittee meeting. He pointed out that the European Commission will
carefully examine all delivered written contributions and consider information presented during
the meeting. He commended the adaptation of the Action Plans and at the same time reminded
that now Montenegro has to focus on the realisation of assumed responsibilities. He
emphasised that progress was made regarding the legislation and that in the following period
strengthening of institutions for enforcement of the adopted legislation and concrete field
results are expected. He concluded that work and efforts that Montenegro is investing are
evident and that the European Commission will continue to provide support, especially
regarding the access to the European funds (IPA).
The State Secretary for European Integration and Chief Negotiator Ambassador Aleksandar
Andrija Pejović thanked all representatives of both the Montenegrin side and the European
Commission and concluded that the fifth meeting of the Subcommittee was exceptionally
detailed and comprehensive. He particularly pointed out that by the adoption of five judicial
acts Montenegro completed the greatest part of legislative work, whereas the remaining part is
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the adoption of the Law on Gender Equality, the Law on Minority Rights and Freedoms and Law
on Prohibition of Discrimination against Persons with Disabilities. He also emphasised that
beside fulfilment of measures from the action plans, one of Montenegro’s priorities will also be
the fulfilment of interim benchmarks.
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