Subject: Initiative for cessation of a proceeding for dismissal of Vanja Calovic-Markovic from the position of member of Council of the Agency for Prevention of Corruption (APC)
On 29/5/2018, Deputy Director of the Agency for Prevention of Corruption has passed a decision No. UPI-02-01-57/26-2017 by which was determined that Vanja Calovic Markovic has violated provisions of the Law on Prevention of Corruption. The Anti-Corruption Committee was informed of this decision, as an organ authorised for selection and appointment of members of Council of the Agency for Prevention of Corruption.
While the proceeding was being conducted, Calovic Markovic was offered no possibility whatsoever to declare herself about any circumstance or fact that is stated in the decision of the Assistant Director of the Agency.
Furthermore, the Constitutional Court has even on 30/1/2018 adopted a Decision U-II No. 4/16 and 19/16 by which it determined that Rules on work of the Agency for Prevention of Corruption in the part of prevention of conflict of interest of public officials are in contrary to the Constitution of Montenegro, and according to this decision the Deputy Director has no authorisation to pass such decisions.
The Article 42 Paragraph 1 of the Law on Prevention of Corruption stipulates that violation of provisions of this law that is determined by ultimate, i.e. the final court verdict shall be deemed a negligent exercise of a public function, of which the Agency shall inform the organ of powers in which the public official is performing the public function and the organ authorised for selection, appointment, i.e. assigning of a public official, in order to initiate proceeding for dismissal, suspension or imposing disciplinary measure.
In the specific case, an administration proceeding with a business label U.br.3789/17 is being conducted before the Administrative Court in order to abolish the disputed decision, thus it is undisputed that this decision is not final.
Moreover, Article 87 prescribes conditions for dismissal of a member of Council of the Agency for Prevention of Corruption, and Paragraph 3 prescribes that the dismissal procedure is initiated upon proposal of at least three members of the Council. In this particular case, this did not happen because the Council of the Agency for Prevention of Corruption also took a stance that it will wait on the final verdict of the court in this case.
Therefore, we invite you to, in this case, respect the Constitution, laws and decision of the Administrative Court and wait for the final court verdict prior to initiating any kind of procedure against Vanja Calovic Markovic.
Should Anti-Corruption Committee of the Parliament of Montenegro, despite arguments that we presented, continue the dismissal procedure, we will consider it to be a political clash with a free-thinking activist of non-governmental sector with a purpose of banishing her from the Agency for Prevention of Corruption due to her publicly stated views and actions contrary to interests of Democratic Party of Socialists (DPS).
Submitters of the Initiative:
- Stevo Muk, Institute Alternative (IA)
- Ana Novakovic, Center for Development of Non-Governmental Organisations (CDNGO)
- Daliborka Uljarevic, Centre for Civic Education (CCE)
- Zlatko Vujovic, Center for Monitoring and Research (CEMI)
- Goran Djurovic, Media Centre
- Tea Gorjanc Prelevic, Human Rights Action
- Jovana Marovic, Politikon Network
- Milka Tadic Mijovic, Centre for Investigative Journalism
- Budisavka Mira Saveljic, Shelter
- Ratko Cerovic, Likud Montenegro
- Maja Raicevic, Centre for Women’s Rights
- Ervina Dabizinovic, ANIMA – Centre for Women’s and Peace Education
- Natasa Kovacevic, Green Home
- Dejan Milovac, MANS
- Milica Kovacevic, Center for Democratic Transition (CDT)
- Darko Saveljic, Centre for Protection and Research of Birds
- Aleksandra Pavicevic, Association of Youth with Disabilities of Montenegro
- Zdravko Janjusevic, Democratic Centre of Bijelo Polje
- Milos Markovic, Active Zone Cetinje
- Sasa Mijovic, 4 life
- Nada Ristanovic, SOS for Women and Children Victims of Violence Bijelo Polje
- Djordje Trajcevski, Alternative Creative Centre Tivat
- Bojana Jokic, LGBT Forum Progress
- Vuk Ikovic, Montenegrin Society of Ecologists
- Xhemal Peroviq, Mog-UL
- Andrija Maricevic, Association of Persons with Physical Disabilities of Montenegro
- Ratko Coguric, Argus
- Milka Stojanovic, Association of Paraplegics Bijelo Polje, Mojkovac, Kolasin
- NGO Signum, Bar
- Milomir Pavlovic, NF “Zelim ti proljece”, Danilovgrad
- Aleksandar Jerotic, NGO Pandora, Herceg Novi
- Borislav Culafic, NGO Bankruptees in Montenegro
- Mirsala Tomic, Association for Development of Civil Society Bijelo Polje
- Dusan Rakocevic, NGO Heart, Mojkovac
- Aida Perovic Ivanovic, NGO Prima
- Pave Orovic, NGO Eco Bjelasica, Bijelo Polje
- Zenepa Lika, MSJA, Ulcinj
- Ruzmir Osmanovic, NGO Multi-Media Studio Bijelo Polje
- Mladen Spanjevic, NGO European Youth Centre of Montenegro
- Drago Zekovic, Association for Protection of Workers’ and Unemployed Persons’ Rights Bijelo Polje
- Vanja Kojovic, NGO Youth Cultural Club Akovo
- Nikola Cabarkapa, NGO Eco Movement Bijelo Polje
- Ugljesa Prebiracevic, NGO Alliance of Non-Governmental Organisations of Bijelo Polje
- Safet Adzibulic, NGO Parliament of Biho
- Marina Vujacic
- Aleksandra Gligorovic
- Daliborka Pejovic, President of the Committee
- Zeljko Aprcovic, member of the Committee
- Obrad Stanisic, member of the Committee
- Nikola Rakocevic, member of the Committee
- Dragutin Papovic, member of the Committee
- Branka Tanasijevic, member of the Committee
- Filip Vukovic, member of the Committe
Source: Centre for Civic Education (CCE)