Lecture of professor Zoran Stojiljković was held on May 5, 2014, within the framework of Public Policy School. Professor Stojiljković spoke about creation of anti-corruption policies, as well as public policy research in electoral offer.
The relation between program positions of political subjects and their actual pragmatic political positioning and defining, as well as the method of measuring the gap between campaign promises and post-electoral practices, mostly referring to the ruling parties, have been discussed during two hour lectures. Stojiljković said that Montenegro is transitioning from the so-called „defective democracy” to liberal democracy. He pointed out that civil society and active citizens play major role in this process, since they question the political offer, reduce zone of corruption and hold the authorities accountable for what they promise. Furthermore, speaking about one of consensuses of all relevant political actors in Montenegro, the process of European integration, he emphasized the role of external veto players, European institutions, which employ conditionality as a tool to accelerate and shape the negotiation process.
The subject of nature of corruption was discussed as well, through linking complex map of its manifestations, types and actors, with particular insight into motives and broader systemic and cultural causes of corruption.
It was concluded that the lack of trust and the practice of mutual cheating, which is present among political actors, are starting to seriously burden other processes in the Montenegrin society. In this context, there was an exchange of views on the Law on Financing of Political Parties, which has established practice that is problematic and comparatively speaking not present.
During this lecture it was especially emphasized that the essence of any anti-corruption strategy lies in making corruption unacceptable and unrewarding, as well as in the practice of reducing monopoly and discretional authorizations, while at the same time increasing moral responsibility, political accountability and criminal liability.
Although the Law on Public Procurement provides that the annual total value of purchases generated by direct agreement between the authorities and the bidder, may not exceed 10% of executed budget for procurement of seven local governments in the 2013 exceeded this limit, thus violating Article 30 of this Law.
After examining the reports on public procurement in the 2013, we see that the municipalities Andrijevica, Budva, Cetinje, Danilovgrad, Kotor, Mojkovac and b are violating the legal limit on the use of direct agreements. Municipalities of BijeloPolje, Nikšić and the capital Podgorica failed to even allow access to these reports via the requests for free access to information.
Percentage use of direct agreements in 2013 was the highest in Andrijevica and amounted to 43.39%, followed by Mojkovac with 42.63%, Danilovgrad 33.11%, Budva with 24.3%, Žabljak 15.43%, Kotor 10.67% and Cetinje 10.28 %. Municipality of Plav conducted all of its procurements in 2013 (which in total amounted to 23,180€) using the direct agreement. The reason for this, as stated in the amendment of the report on public procurements of the municipality, is that funds for the capital budget are focused on payment of outstanding liabilities arising from credit arrangements.
Direct agreement is at least transparent procurement procedure whose use should be restricted, and allowed only in exceptional circumstances, with the obligatory explanation and disclosure of concluded contracts on public procurement portal.
Municipalities breached the article 118 of the Law on Public Procurement, which binds the contracting authorities to submit the annual reports on procurements to the Public Procurements Administration by the ned of February. Thus, the municipalities of Berane, Žabljak and Danilovgrad were late in submitting these reports.
The electoral lists for local elections in Podgorica contain names of persons occupying senior positions within public administration, which represents violation of the Law on Civil Servants and State Employees and points out to politicization of state administration that is still present.
Civil servants and state employees are obliged to restrain from public demonstration of their political convictions, which implies that they are not allowed to be nominated for members of local parliaments.
Specifically, the Law on Civil Servants and State Employees stipulates that “civil servants and state employees shall perform their tasks in politically neutral and impartial manner, in accordance with public interest” and that they are “obliged to restrain from public demonstration of their political convictions”.
However, certain names on the electoral lists submitted to the Electoral Commission of the Capital Podgorica raise suspicion that the persons currently holding office as deputies of ministers have been nominated for members of the City Parliament.
Institute Alternative (IA) therefore urges the Ministry of Interior, which is in charge of monitoring the implementation of the legislation regulating the area of state administration, to undertake appropriate measures and verify the composition of all electoral lists and determine whether violations of the Law on Civil Servants and State Employees had been committed.
If these measures are not undertaken and this kind of practice is tolerated, all the effort put in so far towards professionalization of Montenegrin state administration would come to nothing, in addition to the Law on Civil Servants and State Employees being rendered null and void.
Every interpretation that denies the fact that by being nominated on the electoral lists civil servants and state employees have demonstrated their political convictions is meaningless, not only from the aspect of legislation regulating the area of state administration, but from the aspect of electoral process, as well.
As a reminder, the Law on Election of Councillors and Members of the Parliament stipulates that the electorate has the right to be informed through the media about the programmes and activities of electoral list applicants, as well as electoral list candidates.
Institute Alternative will submit initiative to the Ethics Committee in charge of monitoring the application of the Code of Ethics of Civil Servants and State Employees and determine whether the violation of ethical standards has been committed.
It seems to me that the public knows very little about the true ratio of political power, since no public opinion polls have been published prior to these local elections, while it was a frequent practice to do so before.
Towards the elections in fourteen municipalities in Montenegro, apparently everyone knows everything. Everyone acts tough and pretends to be smart. They lead their “consistent” policies and promise their “best” mayors. Apparently, the only thing that remains to be seen is how the victory will be celebrated.
It seems to me that the public knows very little about the true ratio of political power, since no public opinion polls have been published prior to these local elections, while it was a frequent practice to do so before. The opposition has previously complained frequently about the publication of results, and now it has been allegedly conducting their opinion polls, but have not been publishing them, except as an overall figure (for instance: “40% DPS, 60% opposition”).
If this really is the case, if each and every party that is not DPS is indeed the opposition and will join together, then these parties will not remain in opposition, but will form the government, while DPS will become the opposition. It remains to be seen. However, that all hell broke loose implies the redeployment within the DPS, the obligatory presence of the beloved boss at the promotions, hasty creation of an atmosphere of division and fear through the campaign speeches of leaders of DPS, and through the DPS daily newspaper financed by the citizens of Montenegro and read by the angry members of DPS.
Indeed, everything leads to a conclusion that following the elections the situation will be unsatisfying for DPS, and that a smile on their faces can be put back on only by some mischievous councilor or a mischievous political party that would, despite fierceful election campaign led against DPS, still find valid reasons to enter into a formal or non-formal coalition with DPS, and thus provide a crucial support to the mayor nominated by DPS.
Therefore, on one hand the situation in which DPS will not have a majority of representatives in the City Parliament rejoices me, while on the other hand, it scares me.
I am aware of the amount of pressure that will be put on the parties, as well as on the councilors.
That is why my (naive) slogan (request) reads: “The citizens (voters) have the right to know for whom they vote.”
Sounds like the description of how things should be done, but it is not like that in reality. (Yesterday) Today you can vote for an opposition party, only to see your vote belonging to DPS tomorrow. It happened to the voters in Kolašin when part of Socialist People’s Party (SNP) forged the coalition with Democratic Party of Socialists after the elections. It happened to the voters of opposition with the People’s Party (NS), which had been supporting Mugoša and DPS in Podgorica for years. (By the way, NS which had, jointly with Democratic Serbian Party (DSS), been part of the coalition lead by New Serbian Democracy (NSD), and all together formed an electoral list “Better Podgorica – Better Montenegro”, comprised of Movement for Change, SNP, Party of Pensioners and DC, as well). I do not want for Positive Montenegro in Niksić and Drago Djurović to repeat.
I do not want for Nova and councilor Vujačić to repeat. Therefore, it is reasonable to ask all the parties: “With whom do you want to form a coalition after the election?”. Therefore, it is reasonable to ask the electoral lists leaders: “Can you provide unity and discipline inside your councilor’s club?”. I believe that responsible politicians, electoral lists leaders of Democratic Front and of SDP-Positive Montenegro have duty to speak out whether and with whom they would negotiate after the election.
Moreover, I believe that each person nominated for a councilor should sign a statement committing not to vote for the DPS’s candidate for mayor of Podgorica. That would be politically and morally responsible. To announce in advance – I am not Drago Djurović. This way, parties and coalitions that do not want to cooperate with DPS would encourage their potential voters, sending them a clear message that their vote will not be thrown into a well of personal advantage of interest groups within DPS, bosses and/or party leadership, anonymous councilors and unknown individuals.
For DPS leadership and their voters these requirements and principles do not apply. DPS leadership has no problem forming a coalition with any political party (the smaller and weaker the better), while their voters are quite sure that any coalition that holds DPS in power is welcomed.
Speaking of councilors, political parties would have to present the people that are nominated at the electoral lists to the voters and to the public. Taught by experience of many former elections, as well as the current campaign, we could conclude that except for the list leaders and Djukanović, councilors have nothing to say. If that indeed is the case, then this is not good, since the councilors would still have to say something in the municipal assemblies.
Media could contribute in a great manner to a more quality presentation of the candidates in the following days if they would present biographies of candidates and ask questions these people with names, but no publicly recognizable faces. If the media does this for Podgorica only, they will be able to change the view on the elections and the people who run for municipal councilors. The possibilities that the media have are numerous. Imagine if every day in Vijesti, Dan, Dnevne novine, and Pobjeda councilors would speak about themselves and reply to the smart and correct journalists’ questions.
Political parties have signed yet another agreement. However, we all know that political parties do not care much for obeying the law, let alone for code of ethics or agreements. It would not be the first time for them to, while swearing in the rule of law, fail to abide by the laws they had passed. This is illustrated by the fact that the electoral lists encompass civil servants up to the level of deputy minister (now popularly called director of Directorate), although the law states that they should not publicly express their political affiliation.
This does not apply to DPS, or SDP for that matter, since they have nominated numerous government officials and deputy ministers – members of their municipal and main boards. I assume that the same practice applies to the opposition parties which form the government at the local level in several municipalities.
Stevo Muk
President of the Managing Board
Text was originally published in the ,,Forum” section of the daily Vijesti
Our researcher Marko Sošić spoke about the control of local budgets at the panel discussion “The Work and Possibilities of Local Parliaments”.
The panel was organized within the project Corruption on the local level – zero tolerance!, implemented by Centre for Civic Education (CCE) in cooperation with Institute Alternative (IA).
The panelists were:
Zoran Stojiljković, PhD, professor at the Faculty of Political Science of University of Belgrade;
Marko Sošić, public policy researcher at Institute Alternative (IA);
Boris Marić, senior legal advisor at Centre for Civic Education (CCE);
while the panel was moderated by Nikola Đonović, programme coordinator at Centre for Civic Education (CCE).
Marko Sošić spoke in detail about the results of research conducted by Institute Alternative in the field of local budgets control and presented our portal about local finances – My City (www.mojgrad.me).
In addition to the above mentioned panelists, councilors of the Municipality of Kotor, municipal staff, representatives of non-governmental organizations, as well as interested citizens, have also participated in the panel discussion.
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Although the Law on Public Procurement provides that the annual total value of purchases generated by direct agreement between the authorities and the bidder, may not exceed 10% of executed budget for procurement of seven local governments in the 2013 exceeded this limit, thus violating Article 30 of this Law.
Civil servants and state employees are obliged to restrain from public demonstration of their political convictions, which implies that they are not allowed to be nominated for members of local parliaments.
Towards the elections in fourteen municipalities in Montenegro, apparently everyone knows everything. Everyone acts tough and pretends to be smart. They lead their “consistent” policies and promise their “best” mayors. Apparently, the only thing that remains to be seen is how the victory will be celebrated.
Our researcher Marko Sošić spoke about the control of local budgets at the panel discussion “The Work and Possibilities of Local Parliaments”.