Launching an initiative to dismiss Supreme State Prosecutor (SSP) Milorad Marković is a complex process and likely doomed to fail, said Stevo Muk, President of the Managing Board of Institute Alternative, adding that it is justified to expect the SSP to respond to the demands of the public.
Muk told the MINA news agency that there is a constitutional and legal possibility to launch an initiative for the dismissal of the SSP, but that the procedure is complex and likely destined to fail.
“First of all, because between the initiative submitted by MPs and the final dismissal decision, it is necessary to secure six votes from members of the Prosecutorial Council (PC) in order to establish a proposal to Parliament for the dismissal of the SSP,” Muk said.
He noted that the PC currently operates with, in addition to the SSP himself, five state prosecutors and a representative of the Ministry of Justice, but without representatives of NGOs, the Bar Association, and two distinguished legal experts.
“In such a current balance of power, it is not realistic to expect six votes in support of such a proposal,” Muk added.
He stressed that everyone should be concerned that the SSP, who was given support to finally clarify the state of affairs within the State Prosecutor’s Office, “has opted for a policy of bureaucratic continuity, which he presents as a measure of prosecutorial independence.”
“It is justified to demand that the SSP respond to the requests of the public, civil society, and parliamentary committees with greater transparency and accountability,” Muk said.
He also added that parliamentary committees have the right to request special reports, while the SSP has the obligation to submit them and participate in sessions of the competent committees.
Commenting on the state of the judiciary and its role in the upcoming phase of the European agenda, Muk assessed that the significant work and results of the Special State Prosecutor’s Office (SSPO) have not been adequately followed by efficient trials and court judgments.
“It is necessary for indictments to be tested before the courts and to reach an outcome through either convictions or acquittals,” Muk stated.
He believes that the Government, Parliament, and the Judicial Council have not done enough over the past five years to improve the efficiency of trials, increase the number of courtrooms, improve trial organization, or ensure the timely appointment of judges.
“Certain improvements are relatively recent, and we still need to see their final effects,” Muk added.
He recalled that, three years after the Government’s conclusions on relocating the SSPO to the old government building, the process has only now entered the tender phase for adapting the facility, while the SSPO and the Special Police Department remain in old and inadequate premises.
“The permanent confiscation of assets acquired through crime still depends exclusively on final court judgments, which do not exist and will not exist for quite some time. An alternative legal framework for the confiscation of illegally acquired assets has not been established,” Muk pointed out.
He said that by the end of this year and during the next one, a certain number of first-instance judgments will likely be delivered, and that the SSPO will probably issue new indictments in organized crime and corruption cases.
“However, I would not be surprised if the process in Chapters 23 and 24 concludes with some form of post-accession monitoring in the field of rule of law, similar to what happened in the cases of Romania and Bulgaria,” Muk noted.
Commenting on potential changes for new member states of the European Union, he recalled that once the negotiation process is completed, the ratification phase of the accession treaty follows in the parliaments of EU member states, or even through national referendums in some countries, the outcomes of which are uncertain.
“In the end, the enthusiasm of Montenegro and the European Commission, together with the overall positive results of the negotiation process, could clash with the will of one or more EU member states, even if their governments support Montenegro’s accession,” Muk stated.
He believes that opening a discussion on temporarily limited membership rights for new member states is an attempt to pre-emptively respond to resistance to enlargement present in certain EU countries.
Muk said that Montenegro, the Government, Parliament, and civil society will need to make additional efforts to understand all aspects of this situation, as well as the communications taking place within the EU and among member states.
“Just as accelerated enlargement is a result of geopolitical circumstances, so too is the idea of limiting the rights of new member states an expression of geopolitical concerns, experiences, and current challenges in relations between Brussels and certain member states,” Muk said.
In that context, he stressed, Montenegro should articulate clear political positions and communicate them diplomatically in EU decision-making centres and in key member states.
Speaking about the stability of the executive branch, Muk said that the Government is stable because it is supported by a large number of MPs and political parties.
According to him, such parliamentary support is conditioned by the size of the Government, namely the number of ministries and political appointments.
“A functional system of communication and coordination is necessary for such a cumbersome apparatus, and this is clearly lacking. This is primarily the responsibility of the Prime Minister and Deputy Prime Ministers, who are obliged to coordinate the work of the Government and related sectors,” Muk stated.
He believes that the Prime Minister must ensure continuous political consultations with the President of the State and the Speaker of Parliament, starting with the chronically unresolved issue of key diplomatic appointments and beyond.
“There are obvious differences in results among certain sectors, while in many places work is proceeding slowly and with little output. The evaluation system for ministers’ performance and results promised by the Prime Minister has not come to life,” Muk said.
He added that greater transparency in the work of the Government and in the legislative process has also failed to materialize.
“Even the standards of openness that had already been achieved are being undermined through controversial international agreements,” Muk noted.
He stressed that it is necessary to take into account the recommendations of the International Monetary Fund and the European Commission regarding the state of public finances and to work on limiting, rationalizing, and optimizing expenditures, including public sector employment.
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