Postponing to the point of meaninglessness – how the control function of the Parliament collapses by untimely holding of the voted control hearings

Today, the Security and Defence Committee holds a control hearing of the Prime Minister and the Minister of the Interior on the following topic: “Appointment of the acting Director of the Police Administration and the consequences on the security system in Montenegro.”

The decision to hold the hearing was voted unanimously more than four months ago, and the session date was scheduled according to the availability of government representatives. It was canceled twice due to their obligations.

By holding the control hearing more than four months after it was voted on, during the regular session of the Assembly, the chairman, and members of the Security and Defence Committee allow the undermining of this oversight mechanism. In the case of this Committee, it is not only a procedural but also a legal obligation, as their oversight role is additionally strengthened by the 2010 Law on Parliamentary Oversight in the Field of Security and Defense.

The scheduling of the session can be a matter of agreement between the chairman of the Committee and government representatives, but within reasonable limits that do not undermine the purpose of the initiative. The obligation to coordinate is not prescribed, and according to the Rules of Procedure, communication with the government in this sense is not within the jurisdiction of the chairman of the Committee. Formally and legally, the Committee is not obliged to coordinate with the Government obligations, as they “invite government representatives to the session” when they decide to schedule it. According to the current chairman of the Security and Defence Committee, the Committee is left at the mercy of the government regarding the scheduling of the session — if the government representatives had said they would not come, he never would have scheduled it.

This information is particularly concerning given that similar situations occur with voted hearings in the Committee on Economy, Finance, and Budget, that in several committees the right to minority initiative for control hearings is being suppressed, reports from deputies that the government does not respond to their questions and requests for documentation, or that the Prime Minister dictates when the Prime Minister’s hour can and cannot be held…

Therefore, it is up to the leadership of the Parliament, from the President to the chairmen of the Committees, to ensure the protection of the constitutional position of the Assembly, the spirit of the provisions of the Rules of Procedure, and the Law on Parliamentary Oversight in the Field of Security and Defense. The majority deputies should also beware – tomorrow they might be in the opposition benches, and the principled fight for a meaningful oversight role of the Assembly might be of matter to them.

This infographic was prepared within the project „Parliament for Citizens: Accountability Redefined“ implemented by Institute Alternative and supported by the National Endowment for Democracy. The infographic is the sole responsiblity of its authors and does not reflect the views of the NED.

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