Press release from the 31st (thematic) Cabinet session

The Montenegrin Cabinet, during its 31st session chaired by Prime Minister Milojko Spajić, adopted a set of laws crucial for meeting the interim benchmarks in negotiation chapters 23 and 24, as well as for receiving a positive Interim Benchmark Assessment Report (IBAR).

The Cabinet adopted the Draft Law on Amendments to the Law on Confiscation of Material Benefit Derived from Criminal Activities, along with the Report from the public consultation. These amendments aim to enhance the fight against organised crime and corruption, which are significant challenges for Montenegro in its efforts to become a full member of the European Union. Confiscated property will become state property and be used to improve the working conditions of judicial and other state bodies and to realize rights in accordance with the Law on Social and Child Protection. The amendments include expanding the range of criminal offenses for which property can be confiscated, including digital assets, and introducing a new institute of financial investigation to identify property acquired through criminal activity.

The Draft Law on Prevention of Corruption, along with the Report from the public consultation, was adopted. This law aims to improve the work of the Agency for Prevention of Corruption, address shortcomings in current practices, and enhance legal mechanisms to more effectively combat and prevent corruption. The law aligns with international best practices and includes provisions to protect whistleblowers, define the whistleblower reporting process, and strengthen judicial protection for whistleblowers.

The Draft Law on Amendments to the Law on the Judicial Council and Judges was adopted to address practical issues such as the operation of the Judicial Council, the system of ethical and disciplinary responsibility of judges, and the process of selecting judges and court presidents. The amendments also incorporate recommendations from the European Commission to strengthen judicial independence and revise the disciplinary and ethical framework for judges.

The Cabinet adopted the Draft Law on Amendments to the Law on the State Prosecutor's Office to strengthen the autonomy, accountability, and efficiency of the State Prosecutor's Office and the Prosecutorial Council. These amendments improve provisions related to the selection, deployment, evaluation, and disciplinary responsibility of state prosecutors, aligning the law with international standards and recommendations from the Venice Commission and the European Commission.

The Draft Law on Amendments to the Law on the Special State Prosecutor's Office was adopted to address issues arising from the broad jurisdiction of the office, which has led to an overload of cases. The amendments narrow the jurisdiction of the Special State Prosecutor's Office to high-level corruption offenses committed by senior public officials, thereby easing the burden on the prosecutor's office and related judicial and police departments.

The Cabinet adopted the Draft Law on Amendments to the Law on Courts to align with changes to the Law on the Judicial Council and Judges, the Law on the Special State Prosecutor's Office, and the Law on the Territorial Organisation of Montenegro.

The Draft Law on Amendments to the Law on the Judicial and Prosecutorial Training Centre was adopted to align with changes that shorten the duration of initial training for judicial and prosecutorial candidates, addressing the necessary adjustments in the duration of initial training and the required work experience for mentors conducting the training.

The Cabinet adopted the Draft Law on Media, addressing areas such as ownership transparency, public financing of media, state aid, and the registration of media outlets. The law stipulates that the public sector cannot finance media founders who are not registered in the media registry and have not published an impressum or ownership details as mandated. For the first time, the law provides a clear definition of a journalist, strengthening the legal framework for protecting their rights and sources. It explicitly states that revealing a journalist's source is only permissible through a court decision. The percentage of the current budget allocated to the Media Pluralism and Diversity Promotion Fund has been increased from 0.09% to 0.20%. New topics of public interest include the promotion of campaigns against hate speech, online harassment, and the spread of misinformation, the promotion of women's rights, gender equality, and the fight against sexism. It also allows for the initiation of urgent court procedures to ban further dissemination of media content, which can be initiated not only by the state prosecutor but also by individuals seeking to protect their rights specified in the law.

The Draft Law on National Public Broadcaster aims to further strengthen the independence of the Public Broadcasting Service, eliminate political influence, and depoliticize the service to ensure it serves the public interest. The law incorporates recommendations from the European Commission and the Council of Europe.

The Draft Law on Audiovisual Media Services guarantees the independence of the regulatory agency, stable financing for local public broadcasters, and the regulation of audiovisual media services. It includes measures for the protection of minors and enhances the agency's oversight capabilities, including the ability to impose fines for violations.

The Cabinet was informed about the negative impacts of disabling public space surveillance systems on national security. It was concluded that this system is crucial for state and citizen security, especially ahead of the upcoming tourist season. A session of the National Security Council will be convened shortly to address this issue.