While public procurement are irrationally planned, the real citizens’ needs are “on hold”

Irrational planning, frequent amendments and non-realization of plans are some of the central problems in the public procurement system. In 2016, large differences were observed in the planned and spent budget for public procurement for certain categories of contracting authorities, whereas the data on the total difference between planned and spent money for public procurement at the level of all contracting authorities is not publicly available.

Ministries, municipalities, health and educational institutions planned to spend a total of 517 700 488.82 euro for public procurement in 2016, but they spent less than half the sum – 205 258 604.34. Information on the total difference between planned and spent money for public procurement at the level of all contracting authorities is not publicly available, hence it is impossible to gain insight in the scope of the problem of poor public procurement planning in Montenegro.

Such inadequate planning of public procurement indicates poor budget coordination and inefficient management of public finances, bearing in mind that the planned funds “are reserved” for certain procurements that do not get realized and thus remain unspent at the end of the budget year, although they could have been used for other purposes.

Procurement authorities are obliged to prepare a public procurement plan for that year by 31 January and then procure accordingly. Also, they have the possibility to amend the plan without limitations – number of possible amendments is not legally limited, so the number of amendments adopted during year is high.

During 2016, some of the contracting authorities amended their public procurement plan from ten to over 20 times. The Capital City Podgorica has been among the leaders in this view with public procurement plan amended 21 time, followed by Center for Ecotoxicological Research d.o.o. – Podgorica with 16, Ministry of Sustainable Development and Tourism with 15 amendments, Water Supply and Sewage d.o.o. – Podgorica with 13, Institute for Blood Transfusion of Montenegro and Municipality of Bijelo Polje with 11. Another 31 contracting authority amended their public procurement plan from six to ten times.

Despite frequent changes to the plan, the final amounts of the planned and spent budget for public procurement rarely coincide. For example, the Capital City Podgorica, in spite of 21 amendments to the plan and the fact that the plan was last amended on 30 November, immediately before the end of the year, the planned 1,281,503.63 € remained unspent.

The Institute’s Alternative has been pointing to the problem of inadequate public procurement planning for years and the need to more seriously address this issue. For example, in 2015, only 3 out of 51 contracting authorities whose planning we analysed had the same planned and spent budget for public procurement. Rational planning, in the first place, would contribute to meeting numerous needs of citizens which are being held “on hold” for years, such as, for example, the renovation of schools, roads, of children’s parks, etc.

Ana Đurnić
Public Policy Researcher

Comments of the Institute Alternative to the Draft Law on Civil Servants and State Employees

The current Draft Law on Civil Servants and State Employees incorporates certain solutions that follow Institute Alternative’s earlier suggestions, especially with regard to the explicit recognition of heads of state authorities as a category within the civil service system (See: Professionalization of Senior Civil Service in Montenegro: Between State and Politics, Institute Alternative, Podgorica, November 2014, available at: http://media.institut-alternativa.org/2015/02/profesionalizacija-rukovodnog-kadra-u-cg.pdf).

Some progress has been made in terms of the professionalization of the Appeal Commission and the Disciplinary Commission.

However, remarks on the draft text, inter alia, relate to:

  • high interdependence of proposed solutions with sub-legal acts,
  • insufficiently elaborated assessment of candidates’ ability to act as head of state authority and senior management personnel,
  • an attempt to legally introduce a psychological assessment of candidates from the “selection list”
  • Retaining and extending the discretionary powers of the heads of state authorities to not select best-rated candidates,
  • the inevitability of the political decision-making when deciding on the choice,
  • an insufficiently regulated institute of deployment,
  • Lack of impact analysis of regulations.

Detailed comments can be found on the link below.

IA Team

Comments of the Institute Alternative to the Draft Law on Civil Servants and State Employees

Institute Alternative comments on the Draft Law on Local Self-Government

The current Draft Law on Local Self-Government makes certain improvements, especially related to the professionalization of the heads of local administration bodies and chief administrators. Also, it is commendable that some of our earlier suggestions, such as the consideration of the reports of the State Audit Institution by the Municipal Assembly, have been adopted. However, there is still room for further improvement of the control function of the municipal assembly, relations between local self-government and public institutions and companies founded by local self-government units. Especially, improvements are needed in the civil service system taking into consideration major problems that local self-governments have in this field, and insufficient regulation of key areas in this law, such as ability appraisals, assessments and keeping of personnel records. The general remark of the Institute is that in order to regulate these aspects of the civil service system so as to address the needs of local self-governments, the transitional and final provisions of this law should provide for deadlines for the adoption of bylaws that would elaborate the specifics of human resources management at the local level.

Also, having in mind that public hearings on Draft Law on Local Self-Government and the Draft Law on Civil Servants and State Employees are being conducted in parallel, and that some of the provisions of this Law depend on the final solutions in the Law on Civil Servants and State Employees, we consider that the system at the local level should be regulated to the fullest extent without referring to regulations concerning civil servants and employees. In support of such a solution, there are also findings on the previous impossibility to apply the regulations from the state to the local level properly, also confirmed by the latest survey of the Institute Alternative.

Institute Alternative Team

Institute Alternative comments on the Draft Law on Local Self-Government can be read here (only in Montenegrin)