Administration and citizens

Administration and citizens

The management is obliged to ensure the realization of your rights and interests at all levels.

All civil servants and employees are obliged to apply ethical standards and rules of conduct in relation to you, other civil servants, the work they perform and the institution in which they work in accordance with the Code of Ethics and the law.

The tasks in the state institution should be performed in a way that ensures the realization of your rights, respect for integrity and dignity. Also, civil servants and employees are obliged to respect the principle of equality of citizens before the law in all occasions, especially when 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 institutions or have a complaint about the work of employees.

Treatment of citizens by civil servants and employees

In relation to you, the civil servant and state employee are obliged to act professionally, impartially and politely, timely, correctly and accurately provide data and information, 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.

A civil servant and an employee are obliged to treat persons with disabilities with special care.

To whom the complaint is 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 institution.

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 report complaints on the work of employees in the Ministry by e-mail: tatjana.radenovic@mju.gov.me , as well as submit complaint in written form to the reception desk of the Ministry of Public Administration, Digital Society and Media, address: Rimski trg 45, 81 000 Podgorica.

The head of the state institution, i.e. the authorized civil servant is obliged to examine the allegations from the complaint and respond in writing to the submitter within 15 days from the day of submitting the complaint, if you so request.  

When and how can you file a complaint?

In order to protect your rights and legal interests, when you are not satisfied with the decision of the first instance authority (ministries, authorities, secretariats, institutes, directorates and agencies), local governments’ authorities (president and assembly), local governments’ authorities (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, management waste, 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.

A complaint cannot be lodged against the decision of the Government, but only an administrative dispute can be initiated with 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 an complaint to the competent second-instance authority due to the silence of the administration.

When is the second instance authority obliged to make a decision on the complaint?

The decision on the complaint must be made and delivered as soon as possible, and no later than within 45 days from the day of receipt of the complaint, unless a shorter deadline is prescribed by a special law.

When can you initiate an administrative dispute and against which acts?

You can initiate an administrative dispute if your complaint against the decision you are dissatisfied with is rejected or not allowed.

Also, an administrative dispute can initiate when the authority did not issue an administrative act, or decide by your complaints or failed to take administrative activity (keeping records, taking some factual actions, etc.), i.e. did not decide by your complaint (administrative silence), as well as if your complaint has been upheld but you consider your right has not been properly decided.

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.