- Government of Montenegro
Ministry of Public Administration Administration and citizens
Administration and citizens
The management is obliged to ensure exercising your rights and interests at all levels.
All civil servants and employees are obliged to perform the work in the state authority in a way to provide an exercise of rights, respect for the integrity and dignity. Also, civil servants and employees are obliged to respect the principle of equality of citizens before the law in all occasions, deciding on the rights, obligations or legal interests of citizens.
There are numerous legal possibilities that you can use if you are dissatisfied with the actions of state bodies or have a complaint about the work of employees.
Treatment of citizens by civil servants and employees
In relation to you, a civil servant and state employee is obliged to act professionally, impartially and politely; provides data and information in a timely, correct and accurate manner, in accordance with the law and other regulations, explain, provide assistance and provide information on the authority competent to act upon request, as well as a legal remedy.
Civil servants and an employees are obliged to treat persons with disabilities with special care.
To whom is the complaint filed and in what way?
Due to the violation of the stated ethical standards and rules of conduct established by the Code of Ethics for Civil Servants and State Employees, you can file a complaint to the head of the state body.
You can send your proposals, remarks, suggestions, praises for work of the Ministry of Public Administration, Digital Society and Media via e-mail: kabinet@mju.gov.me, and you can send complaints about the work of employees in the Ministry via e - mail address: tatjana.radenovic@mju.gov.me, or in a book or letterbox.
The head of a state body or the authorized civil servant is obliged to examine the complaint and respond in writing to the applicant within 15 days of filing the complaint, if so required.
When and how can you file a complaint?
In order to achieve the protection of your rights and legal interests, when you are not satisfied with the decision of the first instance body of public legal authority (Ministry, administration, secretariats, offices, directorates and agencies), local selfgovernment bodies (the president and parliament), local government bodies (secretariats, special and professional services), institutions and other entities exercising public authority (health centers, hospitals, schools, chambers, funds, as well as providers of services of general interest, such as telecommunications, electricity supply, postal service, water supply to citizens and businesses, waste management, education, health, social protection, culture, etc.), you can file a complaint with the authority that issued the first instance decision.
What is the deadline for filing a complaint and what should it contain?
The complaint shall be filed within 15 days from the day of delivery of the decision, unless another deadline is prescribed by law.
The complaint must state: the decision being challenged, the name of the institution that issued the decision, the number and date of the decision, as well as the reasons why the party is challenging the decision. New facts and new evidence may be presented in the complaint, and you, as the complainant, are obliged to explain why he could not present them in the first instance proceedings.
No appeal may be lodged against the decision of the Government, but only an administrative dispute may be initiated by a lawsuit.
What if the first instance authority did not issue a decision within the prescribed deadline?
If the first-instance authority does not bring an appeal within the prescribed deadline, you can file a complaint to the competent second-instance authority due to the silence of the administration.
When is the second instance body obliged to make a decision on the appeal?
The decision on the appeal must be made and delivered to the party as soon as possible, and no later than 45 days from the day of receipt of the appeal, unless a shorter deadline is prescribed by a special law.
When can you initiate an administrative dispute and against which acts?
A legal dispute may be initiated against an administrative act passed in the second instance and against a first-instance administrative act against which no appeal or objection is allowed in the administrative procedure, as well as against other administrative activity when prescribed by law.
An administrative dispute may also be initiated when public law authority did not issue an administrative act, i.e. decide by the party's appeal or failed to take administrative activity, or did not decide by your complaint (administrative silence).
How and within what period is the lawsuit filed?
An administrative dispute shall be initiated by a lawsuit within 20 days from the day of delivery of the act to the party, which shall be submitted to the Administrative Court directly, by mail or electronically.