Press release from the 29th Cabinet session

The Montenergrin Cabinet held its 29th session, chaired by Prime Minister Milojko Spajić. The Cabinet adopted the Draft Law on the Law on Lobbying. This law regulates the conditions and methods of lobbying activities, sets out rules, and addresses other important aspects of lobbying. The law aims to align with the best international practices to prevent undue influence in the legislative process, combat potential corruption, enhance institutional transparency, and ensure effective implementation. Key principles promoted by the law include public transparency, integrity, and the avoidance of conflicts of interest. The emphasis on transparency aims to protect officials from dubious pressures and allows lobbyists to legally and legitimately advocate their interests before legislative and executive representatives. Confidentiality, accuracy, and authenticity of information are also emphasised, with lobbyists required to uphold integrity and avoid conflicts of interest.

The Draft Law on Amendments to the Criminal Procedure Code was adopted. The proposed changes will allow evidence obtained in accordance with the statutes and rules of the International Criminal Court and the International Residual Mechanism to be used in Montenegrin criminal proceedings. This addresses challenges faced by the Special State Prosecutor's Office in war crimes cases, enabling them to obtain relevant evidence that might otherwise be inaccessible due to the passage of time. Intensifying efforts to identify and prosecute perpetrators of war crimes in the former SFRY is a priority for Montenegro's state prosecution organisation.

The Cabinet adopted the Judiciary Reform Strategy 2024-2027, along with the Action Plan for 2024-2025. The adoption and effective implementation of this strategic document are crucial for Montenegro's EU integration process, particularly in closing the interim benchmarks under negotiation Chapter 23 and obtaining the Interim Benchmark Assessment Report (IBAR). The strategy identifies and addresses key challenges, findings, and recommendations from the EU negotiation process and international obligations, as well as various issues within Montenegro's judicial system. The overall goal of the Strategy is to further strengthen the rule of law by enhancing the independence, accountability, expertise, and efficiency of the judiciary, improving access to justice, legal certainty, and increasing public trust in the judicial system. The Strategy is built on three specific strategic goals, aligned with the vision and general goal of the Strategy and connected to the strategic goals of the previous reform plan (2019-2022): strengthening the independence, impartiality, and accountability of the judiciary; improving the expertise and efficiency of the judiciary; and enhancing access to justice, transparency, and public trust in the judiciary. These goals will be pursued through 22 operational objectives, considering the progress made during the implementation of the previous strategy and current challenges. The Action Plan outlines the activities for achieving each goal, the responsible institutions, result indicators, timelines, resources, and funding sources. The total budget for these activities is €3,770,745, with €1,923,590 allocated for 2024 and €1,847,155 for 2025. The remaining funds will be defined in the next Action Plan for 2026-2027.

The Rationalisation Plan for the Judicial Network was adopted. This document, important for the EU integration process and closing interim benchmarks under Chapter 23, defines specific activities, result indicators, timelines, and responsible authorities for the rationalisation of the judicial network. It also includes a fiscal assessment of the proposed court mergers. According to the European Commission for the Efficiency of Justice (CEPEJ), Montenegro has a significantly higher number of courts and an average number of judges, prosecutors, and judicial staff per 100,000 inhabitants compared to the European and Western Balkan averages. Thus, there is a need to eliminate unsustainable small courts. Montenegro has the highest number of judicial locations per 100,000 inhabitants (4.03), after Croatia (5.0), compared to the European average of 1.3. The Plan proposes closing small, unsustainable basic courts in Žabljak and Danilovgrad, and establishing court departments within the basic courts in Pljevlja and Podgorica, covering the Žabljak and Danilovgrad municipalities. These measures and conclusions are a starting point for the continuous development of the judicial network in line with changes in the economy, infrastructure, society, and legal services. These activities will be implemented through normative and institutional changes, including amendments to the Law on Courts and decisions on the number of judges in courts.

The Cabinet adopted the Draft Law on the Law on Budgetary Inspection. The Budgetary Inspection plays a crucial role in the inspection system by ensuring the lawful and purposeful use of budgetary funds by consumer units, municipalities, and other public sector entities. Its purpose is to ensure compliance with legal and designated uses of public funds. Positioned after internal and external audits (State Audit Institution), the Budgetary Inspection possesses both inspection and punitive (penalty) authorities. It also assists the state prosecutor's office, courts, and the police in financial investigations and legal proceedings upon request. The range of entities under budgetary inspection is extensive and diverse, including direct and indirect budget beneficiaries, mandatory social insurance organisations, public enterprises, legal entities established by these enterprises, entities over which the state of Montenegro, the capital city, or municipalities have direct or indirect control of more than 50% of capital, other legal entities where public funds constitute more than 50% of total revenue, and entities using budget funds through loans, subsidies, state aid, grants, and more. Through inspection oversight, initiating misdemeanor proceedings, and supporting investigative authorities, the Budgetary Inspection acts as an internal control mechanism in managing public funds. Its control, enforcement, and punitive authorities contribute to the economic, developmental, social, societal, and stabilizing functions of the budget.

The Cabinet adopted the Information on Unspent Funds in the Capital Budget of the Transport Administration for 2024, with a proposal to reallocate these funds to other capital projects. Considering that the European Commission has supported the financing of the Mateševo – Andrijevica section partly through grant funds, partly through an EBRD loan, and partly from the Budget, and that the contractor selection and contract signing will follow EBRD procedures, the entire process is expected to be completed by February 2025. Due to these new circumstances, the planned withdrawal of €2,200,000 for this project in 2024 will not occur as initially budgeted. Consequently, it has been decided to redirect these funds, at the request of the Transport Administration, to the reconstruction projects of the regional road R-19 Trešnjevik – Andrijevica and the rehabilitation of local roads in the Municipality of Tuzi.

The Cabinet adopted a Decision on Amendments to the Decision on the Formation of the Coordination Body for the Protection and Promotion of Public Interest in the Field of Organising Games of Chance. Recognising the significance of this coordination body and the need for improvements in this sector, the amendment includes appointing a representative from the Central Bank of Montenegro as a member.

The Cabinet adopted a Decree amending the Decree on prohibited and permitted methods of use, manufacture, and placing on the market of chemicals that present unacceptable risks to human health and the environment. These prohibitions and restrictions apply to certain substances, whether individually, in mixtures, or in various products such as toys, cleaning agents, textiles, materials and objects in contact with food, electronic equipment, and more. The regulation, which requires robust interdepartmental communication, has been aligned with recent EU-level changes concerning restrictions and prohibitions on persistent organic pollutants.

The Cabinet adopted a Decision on Amendments to the Decision on Vehicle Homologation Costs for vehicles imported or first placed on the market in Montenegro. The main reason for this decision is to define the costs for vehicle categories L, T, C, R, and S (mopeds, motorcycles, tricycles, quadricycles, and tractors) in the homologation process. This decision introduces new services by specifying the costs for these vehicle categories. Additionally, the decision follows amendments to the Rulebook on Technical Requirements for Vehicles Imported or First Placed on the Market in Montenegro, upgrading the homologation system to include technical requirements and conditions for categories L, T, C, R, and S in accordance with the UN ECE Agreement and EU regulations and directives.

The Cabinet adopted the Information on the Plan for Granting Concessions for Detailed Geological Research and Exploitation of Mineral Resources for 2024. Granting concessions ensures the appropriate public interest, enhances the mining sector, and promotes the sustainable use of non-renewable mineral resources based on their long-term utilization. This approach aims to increase employment, ensure the rational, economical, proper, and efficient use of natural mineral resources, improve technical and technological processes, and protect the environment.

The Cabinet adopted the Information regarding the lawsuit filed by the Russian Federation against the member states of the International Civil Aviation Organization (ICAO), along with a Letter to the ICAO Secretary-General. This letter authorizes Professor Lefeber from the Netherlands to represent Montenegro in the dispute. The lawsuit, filed on 10 October 2023, involves 37 countries, including Montenegro. The allegations pertain to sanctions imposed in response to the Russian Federation's aggression against Ukraine, specifically the ban on the use of airspace by Russian airline carriers, the prohibition on the supply of aircraft and spare parts, bans on maintenance and insurance, and restrictions on access to meteorological information for air navigation.