Activities in 2011

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MANS is continuously monitoring implementation of anti-corruption policies, since the first such document was adopted. We have prepared amendments on the Draft Decision Amending Rules of Procedure of the NC, as well as on Draft First Report on the Implementation of Activities from the AP. During 2011 the AP was Innovated on MANS’ initiative. As members of the NC in 2011 MANS has prepared 220 recommendations for Draft Innovated Action Plan for Fight against Corruption and Organized Crime (IAP), out of which almost all were accepted. The IAP was adopted in June 2011 and started with the implementation from the 1st of July 2011. The IAP has foreseen 372 reforms, almost 100 reforms more than the previous one. After publishing Montenegro Progress Report prepared by the EC, we prepared recommendations for the reporting agencies on the IAP in order to harmonize their activities with the Analytical Report published by the EC.

During 2011, on the basis of all collected information we have developed two Shadow Reports on implementation of the Action Plan (AP) and one short report on the implementation of the Innovated Action Plan, which is in force since July 2011. However, for the first time since we started monitoring implementation of the AP, MANS was invited by the National Commission to jointly evaluate implementation of anticorruption reforms of institutions, therefore significantly increasing credibility of official reports on the AP implementation.

Also, MANS prepared two Shadow Reports on the Implementation of the Action Plan for Implementation of Seven Priorities given by the European Commission in the Analytical Report. Findings from these reports were taken into consideration during the preparation of the Montenegro Progress Report for 2011.

In 2011 we prepared and submitted eight initiatives to the NC, covering 13 topics. We asked from the NC to use its powers and collect information on various topics in order to improve fight against corruption and organized crime. The NC revised most of the initiatives and obliged state institutions to prepare information regarding these topics.

In 2011 MANS submitted requests to all basic courts asking for verdicts for criminal offenses related to corruption and organized crime. Only two courts provided us with their final verdicts in the first instance proceedings, while other courts concealed verdicts as secret or in different ways avoided to disclose those documents. The Ministry of Justice, as a supervisory institution, was at first supportive of such courts’ non transparent behavior, so MANS appealed to Administrative court seeking annulment of the Ministry’s decisions.

In the meantime, the Supreme Court began delivering verdicts which reversed earlier decisions prohibiting the access to this information. The Administrative Court, in light of those events, overruled decisions of the Ministry of Justice, so the Ministry brought new decisions in which they annul the previous ones and order courts to disclose all verdicts. Most basic courts finally disclosed their verdicts, while others are expected to do so upon the completion of the administrative dispute.

On the basis of obtained information, we developed publication ‘Behind the Statistics’ providing analysis of judgments and data on anti-corruption reform outcomes. The publication was developed in an effort to assess the impact of anti-corruption reforms, in particular the work of the judiciary in fight against corruption.

In May 2011, MANS organized the 5th National Conference which significant part was dedicated to the role of Free Access to Information in combating corruption and organized crime. The Conference, which is arguably the biggest event in Montenegro that addresses issues of fighting corruption, gathered about 100 participants representing all branches of power, international community, local NGOs and media. Presenters included Deputy Speaker of the Montenegrin Parliament, four MPs from four parliamentarian political parties, chair of Global Organization of Parliamentarians against Corruption (GOPAC), etc.

FOI experts from United Kingdom, Bulgaria, Serbia, Slovenia, as well as domestic experts gave speeches that have emphasized the importance of Free Access to Information in building a transparent and democratic society.

As part of the anti-corruption activities, MANS’ representative was a member of the working group to develop Law on Political Parties Financing (LPPF) and Law on State Electoral Commission (LSEC).
In the first half of year, after successful work on developing LPPF, MANS’ representative was reappointed at the working group to develop Law on State Electoral Commission.

After two months of engagement at the working group, the Government decided not to adopt a Draft LSEC and reappointed the members of the working group to additionally amend LFPP, which was done in December 2011.

In order to celebrate 9th December – International Anticorruption Day, MANS has organized street performance and invited all branches of power to start much stronger fight against corruption and organized crime, instead of processing administrative corruption to improve statistics.

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