Establishment of a separate legal framework for public-private partnership has been an emerging trend in the past ten years in most countries in transition. Although these countries – almost by default – already had concession laws in place, these laws appeared insufficient for the regulation of PPP, while the use of other legal provisions pointed to the need for enhancing and unifying the laws in the framework of one single legal act.
Bearing in mind that Montenegro lacks a defined legal framework in the field of PPP, and that its current legislation in the area of concessions is not aligned with the relevant EU provisions, the goal of this analysis is to demonstrate how this matter is regulated in transition countries.
We have been unpleasantly surprised that the Government of Montenegro prepared and adopted the Bill Law on Amendments to the Law on Agency for National Security (NSA), on today’s session, without a public debate.
The development of this bill law was not foreseen in the Government’s 2014 Agenda. During its preparation, there have been no consultations with non-governmental organisations. The public does not have the information who prepared this law — was it a ministry, as prescribed by the Law on State Administration, or the National Security Agency itself.
The bill was adopted without public debate, which is not a good practice, particularly bearing in mind the importance of this Law and the fact that the operations of security services are closely related to potential human rights violations.
It is obvious that the National Security Agency has a special status in the state administration system. Furthermore, even the preparation of legal regulations governing NSA’s operations has a special status, marked by unnecessary secrecy.
We expect the Parliamentary Committee for Defence and Security to make an effort and correct the omissions of the Government — organza a debate on the draft of this law that would include civil society organisations, those dealing with security issues, as well as those dealing with human rights protection.
A two-hour lecture held by Jovana Marović, PhD, Research Coordinator at Institute Alternative, was organized within the framework of Public Policy School, on June 3, 2014. The lecture encompassed two important topics:
The role of state and non-state actors in the policy making process at the EU level,
The role of think tanks in the public policy making.
The lecturer spoke about the supremacy of the EU law and reminded that 80% of the Member States’ legislation is adopted in Brussels. She presented the historical review and the development phases of the legislative procedures in the EU, from the basic procedures to the Lisbon reforms. Multi-level governance involves multiple centers of power in the EU and constant negotiations between Member States in the decision-making process. In addressing the stakeholders at the EU level, special attention was given to the analysis of political parties in the European Parliament, civil society and citizens.
The School participants were particularly interested in the issues related to think tank organizations, given the lack of knowledge about this type of organization in Montenegro. Therefore, types of activities of these organizations, their history, the challenges in their work, the role of these organizations in policy making, as well as the situation in Montenegro, were thoroughly discussed.
In the final part of the lecture, participants conducted group work with the following tasks: recognizing problems, providing explanations of the context, proposing options for a solution, conducting impact assessment of options and proposed solutions.
Public Policy School is the project supported by the Commission for Allocation of Revenue from Games of Chance and implemented by Institute Alternative (IA) in collaboration with Centre for Research and Monitoring (CeMI).
While everybody is wondering about considerations and intentions of Ranko Krivokapić and Darko Pajović, Đukanović states that the post-electoral coalition in Podgorica will be easily forged and that the adequate arrangement will be made without difficulty.
It looks like the plan will be henceforth known as „the Podgorica Arrangement“, much like „the Podgorica Approach“ in the treatment of bad credit loans (recently presented at the gathering of economists). Now, there are two options: either Đukanović knows something the opposition parties and coalitions, like Democratic Front, Socialist People’s Party and European Face of Podgorica, do not know, or somebody is unwilling to tell us the truth. Let us assume that there are no pre-concluded secret deals, or bad intentions, and that a democratic path of decision making on the coalition partner in the Capital Podgorica lies before Social Democratic Party and Positive Montenegro.
I believe that the local government coalition between European Face of Podgorica, Democratic Front and Socialist People’s Party, with the possible participation of other minority parties, would be the adequate representation of political balance of power in Montenegro today. In other words, I believe that it is the right moment for the formation of aforementioned coalition in Podgorica. Besides the majority of citizens of Podgorica who gave their support to these parties and coalitions at the election day, this coalition arrangement would enjoy tremendous support from the civil society, while it would not lack support from the international organizations either.
Insisting on the “minority mayor” of the coalition between Social Democratic Party and Positive Montenegro does not have much legitimacy, not only because the coalition’s election result falls below every expectation, but also because it would mean continuation of the current DPS government in Podgorica, post-electoral agony, as well as holding new elections with a great chance for DPS to win (the example of repeated elections in Nikšić in 2012 clearly lead to this conclusion).
There is not one reason for the councilors of SDP and Positive Dragan Bogojević, Raško Konjević, Azra Jasavić, Damir Šehović and Luka Rakčević to refuse to raise their hands and vote for the “opposition mayor” of Podgorica, when two years earlier they supported Miodrag Lekić for the president of Montenegro (at least they did not support DPS candidate Filip Vujanović).
There is nothing unnatural for Dragan, Azra, Raško, Damir and Luka to work together with Aleksa, Zdenka, Dragan, Vladimir, Milica, Kolje and Mitar from SNP.
There is nothing against Podgorica and against Montenegro for Dragan, Azra, Raško, Damir and Luka to vote together with Miodrag, Goran, Branko, Zoran, Ljiljana, Radoš, Čelo and Omer, Aleksandra, Tatjana, Slaviša, Nataša, Dragutin, Nikola, Boris i Branka from Democratic Front.
Joint exercise of power in Podgorica would represent a key test of the ability to exercise power at the national level. In the end, it was SDP that cooperated with other opposition parties over the past four years in the Local Assembly. Therefore, it is only logical to reach the next level in their cooperation through forming local government.
If the leadership of Positive does not want to destroy the party that was founded less than two years, it will soon announce its clear stand to SDP and to the public. This way, they can help SDP make the right decision, as well. Positive will not be saved by the situation (spontaneous or planned) in which SDP supports Migo Stijepović, while Positive stays abstained or vote against such a proposal. In that situation their responsibility for the actions of their coalition partner will not be written off. Moreover, it will destroy any possibility for the two parties to appear together in some upcoming elections, which could be fatal for the political future of both parties.
Unless the leadership of the European Face believes that the mere condition of being Montenegrin, Bosniak, Albanian, Muslim, Croat, being for the state of Montenegro and for the membership to NATO, creates an obligation for you to vote for DPS or at least be their obedient partner.
If it is true that DPS is not a state (and it is not), how it beautifully said Minister of Interior and Vice President of SDP in an interview less than fifteen days ago, then it would be just as untrue to say that DPS is Podgorica, or that it is not possible to love Podgorica and refuse to cooperate with DPS and vote for their mayor at the same time.
It is high time for Krivokapić and SDP to take the new path, without abandoning their principles and values. Therefore, if SDP (and Positive) does not support DPS in Podgorica, it will probably have to try to survive (perhaps at the cost of some further compromises with DPS) in the Government until the end of its term of office or until Montenegro joins NATO.
Even if DPS decided to force early elections, SDP (now in the coalition with Positive) should not, with its nine percent, be worried about its parliamentary status. DPS knows that the new elections in the fall, if organized, would not result in a happy ending. Even with securing an absolute majority, the rule of DPS would not last long, similarly to the situation after the 1996 elections – a historical parallel SDP, then without parliamentary status, needs to take into account as a mitigating factor for the interpretation of the political process and its own decision in the upcoming period.
By supporting the “opposition mayor” in Podgorica, Krivokapić will be able to continue to support those policies, especially the policy of NATO accession, that differentiate SDP from the vast majority of the opposition. Just the same as the aforementioned majority of opposition, like DF and SNP, cannot expect and request from SDP to change its attitude towards Montenegrin identity, NATO integration, and other issues that were previously separating them, as they still do. Opposition must agree to make trade-offs in other cities.
For forming the Government with SDP at the national level, DF and SNP will likely have to wait for Montenegro to become a NATO member. While it can be frustrating to wait, the traditional opposition, SDP and Positive could take advantage of this time to strengthen their ranks, work on internal reforms and policy coordination.
In the end, it seems that this arrangement would not leave Đukanović unsatisfied either, since he would get a chance to tell the story to domestic and international public of democratic Disneyland where there is rule of one coalition at the national level and the rule of other, comprising of their fierce enemies (and associates), at the level of the largest city and the capital of Montenegro.
Stevo Muk
President of the Managing Board
Text was originally published in the ,,Forum” section of the daily Vijesti
Institute Alternative has become a member of the PASOS network. PASOS is short for Policy Association for an Open Society and it is a network founded in 2004 that supports the development and strengthens the outreach and impact of its 56 members.
Its aim is to strengthen independent think-tanks to ensure the lessons of transition are understood, shared, and applied.
Four key priority areas for the association’s projects and activities are defined as: Democracy and Human Rights, Good Governance and Open Economy, Sustainable Development, International Co-operation.
Besides IA, PASOS members in Montenegro are CEMI and CEDEM.
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We have been unpleasantly surprised that the Government of Montenegro prepared and adopted the Bill Law on Amendments to the Law on Agency for National Security (NSA), on today’s session, without a public debate.
While everybody is wondering about considerations and intentions of Ranko Krivokapić and Darko Pajović, Đukanović states that the post-electoral coalition in Podgorica will be easily forged and that the adequate arrangement will be made without difficulty.