Public Procurements in Montenegro – Transparency and liability

In 2009, over 433 million euros have been spent on public procurement in Montenegro. Although the public procurement system has been enhanced since its establishment, it still mirrors numerous imperfections related to the untimely and unrealistic planning, incoherence between the procurement contract and the tender requirements, additional changes of the procurement conditions, and the absence of control over the execution of the contract.

The lack of transparency and control is particularly emphasised in the phase following the contract assignment. The margin for the development of corruption, especially in relation to additional works is particularly large in this phase.

Although numerous irregularities have been pointed to in almost all stages of the public procurement process, disciplinary, misdemeanour or criminal liability has never been established.

As a consequence of the different interpretations of the Misdemeanour Act and the Law on Public Procurement, the proceedings for the initiation and determination of misdemeanour liability does not function in practice.

The Decision, pursuant to which the contracting authority pays the fine for misdemeanour to the state budget, further undermines misdemeanour proceedings, which are already non-functional.

Within three years, the Police Directorate has filed only three criminal cases. In line with our findings, no enforceable court judgments for the abuse of the process of public procurement have been reached so far.

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