The new Law on public-private partnership that the Government of Montenegro prepares now will significantly reduce the control function of the Parliament and will completely monopolize decision-making process regarding key investment projects in the country. In fact, with the proposal for the new Law the institute on concessions is abolished, and suggests that this type of disposal of valuable state resources is implemented through contracts on public-private partnership where the final decisions is made by the Government, actually the Parliaments of municipalities, while the national parliament is completely excluded from this process.
In this way, the Government of Montenegro would be able to, without verification in the Parliament, independently decide on controversial projects such as leasing of land at Queen’s beach and the one in the Adriatic shipyard, or even the construction of the second block of the thermal power plant in Pljevlja.
Analysis of the draft law on public-private partnership done by the Research Center of MANS shows that the adoption of the law in this shape would effectively eliminate the existing Law on Concessions, and the right of Montenegrin’s Parliament to approve long-term contracts, which are concluded for a period of 30 to 60 years, which is the maximum limit to conclude the contract.
Exclusion of the Parliament from the entire process would allow to the Parliament, in addition to minimizing the space for public discussion about how to dispose state resources, to reduce at the minimum the chance that some of its decisions are blocked by the members of the Parliament as so far has been the case on several occasions.
In this way, if the Government decides that through the public-private partnership realizes announced project of construction of the second block of thermal power plant in Pljevlja , or a new section of highway Bar-Boljare, Montenegrin Parliament would not have any role in their approval.
In addition, it is problematic that the draft of this law completely abolishes the public hearings, which previously was required for the concession acts. What is going to be the extend of negative consequences in practice because of that the best shows the project of construction of hydroelectric power plants on the Moraca River, which a few years ago was stopped thanks to the action of concerned public who participated in public debate and pointed to the poor solutions.
It is completely unbelievable that the draft of the law does not stipulate the maximum period for which the contract on public-private partnership can be made, which would in practice opened up the possibility that they are made on period of up to 100 years or more, because there is no limit.
By the draft of the law on public-private partnership is envisaged the establishment of special investment agency that will be responsible exclusively to the Government, while to the Parliament of Montenegro will submit annual inspection reports on the work, without any other liability toward this institution. This effectively completes the monopolistic position of the Government when it comes to making final decisions on key investment projects in the country without adequate control of the Parliament and without public discussion on the Government’s move, which opens up a huge potential for abuse and corruption.
MANS
