Cabinet meeting: Several draft laws proposed aimed at improving rule of law, new OGP team to be appointed soon

Podgorica, Montenegro (5 December 2014) – The Cabinet of Montenegro held the 92nd session earlier today, chaired by Prime Minister Milo Đukanović, adopted several draft laws, among which the very important ones for the rule of law area, such as on the Constitutional Court, the State Prosecution, and the Special State Prosecution. The Government also adopted draft amendments to the law on public gatherings, and discussed tax policies and further activities within the Open Government Partnership.

The new draft law on the Constitutional Court of Montenegro regulates the appointment of constitutional judges and the competences on constitutional appeals. It will also help meet the commitments envisaged in the Action Plan for Chapter 23 of EU negotiations.

The State Prosecution draft law is intended as a measure towards improving judicial independence, and it has previously been envisaged in the Action Plan for Chapter 23. Its adoption will ensure objective and transparent procedures for election of state prosecutors, which will improve prosecutorial independence. The legal novelties establish a unique system of State Prosecutors’ appointment across the country, ensuring further transparency and merit-based selection.

The draft law on Special State Prosecution envisaged in Action Plans for Chapters 23 and 24 is a measure aimed at establishing independent, efficient, and specialised anti-corruption and anti-crime bodies. Its adoption will ensure a more efficient processing of organised crime and public sector corruption in cases of a public official’s corruption in accordance with the legislation regulating conflicts of interest. The new law will also ensure more efficient processing of crimes with graft elements in the private sector and in instances of money laundering, terrorism, and war crimes.

The Government also discussed future activities aimed at ensuring sustainability of public finance and limiting the public debt, as well as reduction of tax burdens and improving the investment climate and competitiveness of the Montenegrin economy. The Cabinet meeting stressed that the new measures will not adversely affect the consistency of Montenegrin tax policy and will not include tax raises.

The Cabinet also discussed further activities within the Open Government Partnership (OGP) initiative and it clarified that five representatives from civil society at the OGP Operational Team should be appointed in accordance with the Decision on manner and procedure of establishing cooperation between the state administration and NGOs. It also noted that the OGP Operational Team Coordinator is in charge of appointing the Operational Team within five days since the completion of the procedure for appointment of NGO representatives. The amendments to the conclusions on the OGP Operational Team stressed that the Coordinator is required to submit quarterly reports to the Government.