Inspection for public procurement conducted only 84 inspection controls in 2013. Since the key problem in the field of public procurement, according to the European Commission, are irregularities in the implementation of the Law, meaning weak implementation capacities of the competent authorities, it is necessary to create conditions for adequate supervision over the implementation of public procurement procedures as soon as possible.
Even though in November the number of working positions that have been filled in the Department for inspection supervision of public procurement of Administration for Inspection Affairs have increased from one to two, inspectors have conducted fewer inspection controls when compared to the year 2012, when a total of 109 inspection controls have been conducted.
Bearing in mind that the number of parties obliged to adhere to the Law on Public Procurement amounts to 698, it is clear that the capacities of the Administration for Inspection Affairs in relation to the field of public procurement are still limited. Therefore, it is necessary to increase the number of inspectors for one more as soon as possible, especially having in mind that the Administration for Inspection Affairs has 3 systematized working positions for the Department for inspection supervision of public procurement. Additionally, it is necessary to remind that this is one of the responsibilities undertaken by the Action Plan for Chapter 23. Specifically, the Action Plan for the area of the Acquis related to the negotiation chapter 23 – Judiciary and Fundamental Rights emphasizes the need for strengthening the capacities of the competent authorities for supervision over application of awarded contracts through the authorized officers and increase of the number of inspection controls, with the deadline for realization of this envisaged measure set for January 2014.
Strengthening administrative capacities of Inspection for Public Procurement is one of the preconditions for improvement of control in this area, meaning ensuring greater number of inspection controls to be conducted in 2014. Therefore, it needs to be realized as soon as possible.
Editor in chief of the magazine “Social Policy and Social Work” is Ana Čekerevac, PhD, while the Editorial Board consists of: Mira Lakićević, PhD, Milorad Milovanović, PhD,Miodrag Tasić, Marija Stanojćić-Sraka, Biljana Zekavica,MSc and Sanja Kljajić.
The objective of our analysis is to indicate on the expected outcomes and challenges of establishing the social welfare information system and offer recommendations for improvement of further implementation of this project, partly relying on the analysis of comparative practice of countries in the region.
The above mentioned report indicates to insufficiently functional parliamentary oversight of the Security and Defense Sector, failure to implement the Plan for Parliamentary Oversight, as well as significant delays in the examination of annual performance reports of the state authorities, namely, the Police Administration and the National Security Agency. We have pointed out to these issues in our Monitoring report on the implementation of the Law on Parliamentary Oversight in the field of Security and Defense.
The Report provides an insight into many doubts of the opposition parties members, international organisations, non-governmental organisations, diplomatic missions, etc, on possible misuse of secret surveillance measures (SSM) in Montenegro, recalling upon findings of Institute Alternative about inappropriate oversight of the SSM application by the National Security Agency and the Police Administration in criminal procedures. Inappropriate oversight of the SSM application resulted in unlawful application of measures, as well as the situation in which these institutions do not report on measures they applied (number of individuals, internet addresses, etc.). You can read more about this issue in our Analysis on SSM.
The application of the Law on Civil Servants and State Employees was also the subject of this Report. It is noted that Institute Alternative has pointed out to the inadequate implementation of the new Law which aimed at reducing political influence on employment in state institutions and nepotism in the public administration. Also, the majority of the state authorities did not fulfill the obligation to disclose information on employees on their websites. In order to find out more about our findings on recruitment and promotion in state authorities, see our Semi-annual report on implementation of the Law.
Commenting on the Report in the daily newspaper “Dan”, Research Coordinator at Institute Alternative, Jovana Marović, said that the attacks on the Government critics and the atmosphere of intimidation represent features of everyday life in Montenegro. In such circumstances, it is often difficult to insist on a constructive dialogue between civil society and state authorities. “Proof of civil sector being driver of change is the U.S. State Department Report, which used the analyses of NGO sector, among others findings of Institute Alternative from research projects on parliamentary oversight of the security sector, and employment in public administration”, said Marović. (Read the entire article “Intimidation as a Lifestyle”).
An overview of our study “Procurement in Montenegrin Municipalities” is presented in the “In Focus” section of the latest issue of the European Pulse, electronic monthly magazine for European integration, published by Centre for Civic Education. The authors of this study are Jovana Marović, PhD, Research Coordinator at Institute Alternative, and Stevo Muk, President of the Managing Board.
It has been approximately ten days since “Pobjeda”, state-run newspaper, had contacted us and asked to reply several questions about the topic “Affairs in Montenegro”. The intention of representing “affairs” as “alleged” was clear from the very composition of the questions. In other words, the intention was to defend Milo Đukanović, the most prominent actor implicated in these affairs, and thus to allegedly defend the state of Montenegro. In spite of my first impression, I decided to answer the questions, having in mind that other and different opinion would be desirable, even in the article which will be predominantly influenced by an obvious editorial intent.
The first question by “Pobjeda”: In recent years, several major affairs broke out in Montenegro. Two of them, “tobacco” affair and “Telecom” affair have been completed. Your comment?
My response: Unfortunately and disgracefully for our institutions, the “tobacco” affair has never been seriously prosecuted before our judicial institutions. To our knowledge, the Supreme State Prosecutor’s Office still carries out activities regarding the “Telecom” affair, so it is our expectation that they will soon present their new findings to the public.
The second question by “Pobjeda”: What did “produce” the latest major affairs in Montenegro?
My response: Instead of police and judicial institutions, Montenegro’s NGOs and the media have to ask questions, collect evidence and urge authorities to do their job.
The third question by “Pobjeda”: Why is Darko Šarić implicated in almost every affair in our country (Listing, etc.)?
My response: Listing is unfortunately another story that has not received its prosecutorial and judicial epilogue. Besides assurances of faultlessness by our politicians, institutions have not demonstrated that they are capable of uncovering more information and handling this affair in a professional manner.
The fourth question by “Pobjeda”: Why do you think the epilogue to various affairs is being awaited for so long?
My response: Primarily due to the lack of proactive attitude of the prosecution and the police. The Prosecutor will act solely under pressure and upon the request of international partners; many prosecutors do not want to do their job; there are obstructions at all levels of functioning of intelligence service; as well as significant problems in the cooperation of police and prosecutors. Most importantly, there is no political support and incentives for institutions to do their job. Moreover, there is a certain expectation from politicians that institutions will close their eyes in front of criminal offenses they make together with other holders of economic power.
The fifth question by Pobjeda: Do you think that the “audio-recordings” affair is an ended story?
My response: “Audio-recordings” affair will be an ended story when prosecution completes an efficient investigation of all the allegations against all the persons involved, and when judiciary ensures an adequate follow-up to the affair.
The sixth question by Pobjeda: Are you familiar with practice of European countries in the field?
My response: Police and prosecution authorities in EU member states devote particular attention to information coming from various sources, including the non-governmental organizations fighting against corruption but the media sources as well. Based on available information, these authorities conduct timely and efficient prosecution of perpetrators of criminal acts, especially regarding the cases of human rights infringement, damages to the state budget, corruption and organized crime.
The seventh question by Pobjeda: Will these affairs impede Montenegro’s EU and NATO integrations?
My response: If institutions turn a blind eye to the numerous allegations of the international organizations and media about corruption and organized crime cases, these integrations will be impeded and postponed for some other times.
Answers were written and sent on time. Journalists even confirmed that they received them.
I open Pobjeda on Sunday, expecting the article to be published. “Explanation” of the four pages long article is at the cover page. Question “How All the Fabricated Montenegrin Affairs Ended Up?” follows the big title “Fog Sellers Left in the Fog”. Further explanation is also provided. It reads: “All the affairs produced in Montenegro have fallen into water. Which kitchen prepares lies and arbitrary interpretations?”. At the inner pages, editorial theses are elaborated, interpreted and explained by Predrag Drecun, Predrag Popović, Srđa Vukadinović and Obrad Mišo Stanišić. Their statements are titled as “Wise Move of Milo Đukanović”, “Mountain Shook…” and “Dummy Bullets Against Montenegro”.
I turn the newspaper upside down, but none of my answers is there. Apparently, they didn’t fit into the concept. There was no enough space for a too different opinion. It could shake the firm belief in unanimous opinion and attitude of the well-intentioned analysts.
In sum, Pobjeda – newspaper, publishing and printing joint stock company is not giving up a defense of the person and work of its beloved President and of the only legal and legitimate political party.
Instead of dealing with remarks of the most recent reports of the European Commission and of the U.S., which note concerning scale of corruption and organized crime and connections between politics and business, Pobjeda is still chasing after traitors from opposition, non-governmental organizations and media. Pobjeda is still defending Djukanovic, not only from what he is being accused of today, but from what he had been accused of ten or twenty years ago.
The love of the state’s daily newspaper towards the president of the Government, which is tasked with the appointment of the members of the Managing Board of Pobjeda, is great. One more boost at ours EU and Euro-Atlantic paths.
Stevo Muk
President of the Managing Board
Text is originally published in the Forum section of the daily “Vijesti”
Milena Milosevic, Public Policy Researcher at Institute Alternative, will take part in this year’s TRAIN programme, run by the German Council on Foreign Relations (Deutsche Gesellschaft für Auswärtige Politik e.V. DGAP).
TRAIN programme (abbreviated from: Think Tanks Providing Research and Advice through Interaction and Networking) aims to foster a fruitful policy dialogue between think tanks and political actors in the Western Balkans.
This year, participating researchers are expected to produce policy papers tackling the rule of law in Southeast European countries aspiring to join the EU.
Through her participation in the programme, Milena Milosevic will draft a policy paper on safeguarding Montenegro’s senior civil service from undue political influence, addressing thus one of the country’s main challenges on its EU path.
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