GUIDE THROUGH THE GOVERNMENT OF MONTENEGRO This publication is made possible with the support provided by:
Podgorica, 2010
Guide through the Government of Montenegro
Impressum Publication Guide through the Government of Montenegro Publisher Center for Democratic Transition (CDT) Address: VII Omladinske bb, 81000 Podgorica, Montenegro Tel: +382 20 207 070, 207 071 Fax: +382 20 207 072 E-mail: cdtmn@t-com.me www.cdtmn.org For publisher Dragan Koprivica Editors Dragan Koprivica and Milica Kovačević Authors Milana Čabarkapa and Tatjana Koprivica Translation Ana Kovačević-Kadović Layout and graphic design Blažo Crvenica Printing house AP Print, Podgorica Circulation 850 copies
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Table of contents 1. PREFACE ......................................................................................................................4 2. HISTORY ......................................................................................................................6 2.1. Montenegrin Governments before 1905 ................................................................6 2.2. Montenegrin Governments in the period 1905 - 1916 ..........................................8 2.3. Montenegrin Governments in exile in the period 1916 - 1922 ............................11 2.4. Restoration of Montenegrin statehood in the period 1941 - 1945 ......................13 2.5. Montenegrin Government in the period 1945 - 1989 ..........................................14 2.6. Montenegrin Government in the period 1989 - 2010 ..........................................16 2.7. Prime Ministers of Montenegrin Governments before 1945 ................................19 2.8. Prime Ministers of Montenegrin Governments in the period 1945 - 2010 ..........20 3. ORGANIZATION OF MONTENEGRIN GOVERNMENT ............................................22 3.1. Constitution on Government ................................................................................22 3.2. Prime Minister, Chief Cabinet, Ministers and Secretary General ........................24 3.3. Working Bodies of the Government ....................................................................28 3.4. Advisory Bodies of the Government ....................................................................32 3.5. Work Plan of the Government..............................................................................32 3.6. State Administration Authorities............................................................................34 4. LEGISLATIVE ACTIVITY ............................................................................................40 4.1. Preparation of Acts and other Documents ..........................................................40 4.2. Government Sitting ..............................................................................................45 4.3. Acts of the Government and Ministries ................................................................48 4.4. Opinions and Positions of the Government ........................................................49 4.5. Preparation of Consolidated Texts and Publishing of Government Acts..............49 5. GOVERNMENT AND PUBLIC ....................................................................................50 5.1. Openness of Work of the Government ................................................................50 5.2. Openness of Work of the State Administration ....................................................52 5.3. Public Discussion ................................................................................................53 5.4. Right to Free Access to Information ....................................................................54 6. GOVERNMENT AND PARLIAMENT ..........................................................................56 6.1. Relationship between Government and Parliament ............................................56 6.2. Standing Tools for Parliamentary Oversight over the Executive ..........................57 6.3. Temporary Tools of Parliamentary Oversight over the Executive ........................58 6.3.1. Parliamentary Questions and Prime Minister’s Hour ................................58 6.3.2. Interpellation ..............................................................................................60 6.3.3. Parliamentary Hearings and Inquiries ........................................................61 6.4. Mechanisms for Questioning Political Responsibility of Government in Parliament ..63 7. CONTACT INFORMATION..........................................................................................64 8. ABOUT CDT ................................................................................................................68 9. SOURCES AND LITERATURE ..................................................................................70
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1. Preface Dear reader,
We would like to present you the third edition of the Guide through the Government of Montenegro. This Guide is prepared and published within the Open Government program, which has been implemented by the Center for Democratic Transition in cooperation with the General Secretariat of the Government of Montenegro and financial support of the Royal Netherlands Embassy and the Balkan Fund for Democracy (BFD). The Open Government program is aimed to increasing transparency of work of the Government and improving its communication with citizens. The purpose of the Guide through the Government of Montenegro is to provide the public-at-large with the most important information on the organization and functioning of the Government and state administration, its legislative activities and historical background of Montenegrin governments. In addition, we wanted to improve communication between the citizens on one side and the executive and administrative authority on the other side, by publishing the information on the modes of cooperation between the Government and state administration with professional and general public. We believe this publication is not only of use to the Montenegrin citizens but also to all state authorities, which can find this guide as a useful tool to present themselves to their co-workers and guests. We would like to express our heartfelt gratitude to all those who, directly or indirectly, helped us to publish this edition of the Guide through Government. We owe special thanks to the employees of the Public Relations Bureau and the Cabinet of the Secretary General for the support and suggestions in the process of developing this publication. We remain open to all your suggestions and proposals aimed at further improving this publication.
Respectfully, CDT
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ď ś Building of Montenegrin Government
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2. History 2.1. MONTENEGRIN GOVERNMENTS BEFORE 1905
The Administrative Court of Montenegro and Highlands (Praviteljstvo suda crnogorskog i brdskog) also known as Kuluk represented the earliest beginnings of the first Montenegrin Government. This institution was established on 18 October 1798 during the reign of Petar I Petrović Njegoš1 (1784-1830). It was established at the same time as the first Montenegrin Legal Code at the general convention of Montenegrins, or council of clan-chiefs,2 held in Stanjevići. The Court had judicial competences additionally to the administrative ones. In an attempt to unite Montenegro and Boka at the assembly of their representatives held in Dobrota in late October 1813, a provisional government, called Central Commission, was formed. It consisted of 9 representatives from Montenegro and Boka each. The Commission was chaired by Petar I Petrović Njegoš. The organization and the work of the Commission were regulated by the rules containing 22 articles. At the Congress of Vienna in 1815, the European Great Powers handed over Boka to Austria so that the union of Montenegro and Boka and the existence of the Central Commission became meaningless. After the death of Petar I (1830), a cumbersome and inefficient body, the Administrative Court of Montenegro and Highlands, which consisted of 50 judges (činonačelnikov) was transformed into a smaller and more efficient Supreme Administrative Senate of Montenegro and Highlands (Praviteljstvujušći senat crnogorski i brdski). The PrinceBishop Petar II Petrović Njegoš (1830-1851) appointed about 12 to 16 representatives from the “strongest tribes and clans” to this authority. Ivan Vukotić was the first chairperson of the Senate. This body had its executive authorities, the Guard (Gvardija) and the elite division of personal bodyguards (Perjanici). During the reign of Prince Danilo (1851-1860), the Senate remained a central administrative authority in the country. The Prince raised the reputation of this institution, which was absolutely subordinated to him. In an attempt to break the separatism of the tribes, Danilo Petrović introduced new people to the Senate, guided Daily Crnogorca, 10 March 1879 primarily by their loyalty. 1
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Translator’s note: Petar I Petrović Njegoš (St. Peter of Cetinje) was the ruler of Montenegro and the bishop of the Serb Orthodox Church from 1747 to 1830. He was the most popular spiritual and military leader of the Petrović Dynasty. The Chief was the head of the clan.
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During the long reign of Nikola I Petrović Njegoš (1860-1921), the institutions of the power were transformed several times. In 1874, the Senate was reorganized – within which were established so-called administrations, which were a form of simple ministries: for interTHE LAW ON PRINCIPALITY nal affairs, miliGOVERNMENT AND STATE COUNCIL, 1902. tary affairs, finance and the The 6/19 December 1902 reform in Montenegro introduced the reorganization Prince's office of the state apparatus by the adoption of a package of legislation including the for foreign affaLaw on Principality Government and State Council, Law on Clerks of Civil irs. The 1879 Order, Law on Judicial Power, Law on the Court System in Montenegro, Law reform separaton Civic and Judicial Authority and Law on Criminal and Judicial Authority. ed the judicial THE LAW ON PRINCIPALITY GOVERNMENT and adminiAND STATE COUNCIL, 1902 strative power, at the highest WE instance, by hereby NIKOLA I abolition of the By the Grace of God Senate and Prince and Sovereign of Montenegro esta blishment At the proposal of Our State Council of the Ministry Decided to proclaim and thus We hereby proclaim and the Great Court. The neTHE BASIC STATE LAW ON wly established PRINCIPALITY GOVERNMENT AND STATE COUNCIL institution of the Ministry rePART I presented, in fact, a governPRINCIPALITY GOVERNMENT ment, while its Article 1 6 departments were transforPrincipality Government shall administer all the state affairs on the basis of med into: the legal orders approved by the Prince and Sovereign. Ministry of MiliPrincipality Government, through its work and legal and strong rule over its subtary Affairs, the ordinated authorities shall protect and celebrate the honour and reputation of the Ministry of FoRuler and further develop order, welfare and general progress of the country. reign Affairs, the Ministry of Article 2 Justice, the Ministry of EduThe state administration shall be divided into several ministries led by ministers in order to increase work efficiency. cation and Ecclesiastical Prince and Sovereign, according to His own conscious shall appoint and disAffairs, the Misolve ministers. nistry of Internal Affairs and On behalf of the Prince and Sovereign, they shall administer the entrusted affairs and respond to the Prince and Sovereign for any failures to comply with the law. the Ministry of Finance and *** Buildings. All Montenegrin Legal Codes 1796-1916, II, Legal Sources and Political Acts of members of Importance for the History of the Montenegrin Statehood, collection of docuthe governments, eds. B. Pavićević, R.Raspopović, Podgorica 1998 ment were also
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the members of the State Council, the institution, which served as both the supreme legislative body and the supreme state supervisory authority. Even the Ministry was subordinated to the State Council. In a long period from 08 March 1879 to 06 December 1905, there were almost no personnel changes among the members of the Government. During this whole period, a cousin of Prince Nikola, the Duke Božo Petrović, who was also the President of the State Council presided over the Ministry. ARCHITECTURE OF BUILDINGS IN WHICH MONTENEGRIN GOVERNMENT WAS HOUSED
THE BILJARDA IN CETINJE Was constructed by Petar II Petrović Njegoš in 1838. The Biljarda was Njegoš’s residency and, at the same time, it housed the institutions of the state power (as they were previously located in the Cetinje Monastery) Lieutenant-Colonel Jacob Ozereckovski drafted a project idea for the Biljarda. The building comprised the basement and the first floor (25 departments of which 11 were located in the basement and 14 on the first floor). The Biljarda was named by Njegoš’s billiard table.
Cetinje, the 20th Century - 2nd half
2.2. MONTENEGRIN GOVERNMENTS IN THE PERIOD 1905 - 1916
A special chapter in the history of Montenegrin governments started in 1905 with the introduction of the Constitution, i.e. parliamentarianism. Lazar Đ. Mijušković (06.12.1905 - 11.11.1906) was the Prime Minister of the first constitutional government and the Minister of Foreign Affairs at the same time. In Montenegrin govern-
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Decree based on which the Prince Nikola I appointed ministers in 1905
Lazar Tomanović’s Government
ments this department was often reserved for Prime Ministers. After that, in a relatively short period, one government of Klubaši (members of the People's Party) was succeeded by another one, headed by Marko Radulović (11.11.1906 - 19.01.1907) and Andrija Radović (19.01.1907 - 04.04.1907) respectively. During the next five years, Montenegrin sovereign Nikola I entrusted the government to a political group called Pravaši (members of the True People's Party) and the position of the Prime Minister to Dr Lazar Tomanović. His government was reconstructed several times: (04.04.1907 - 02.04.1909), (02.04.1909 - 24.01.1910), (24. 01.1910 - 31.03.1910), (31.03.1910 - 01.09.1910), (01.09.1910 - 10.08.1911), (10.08.1911 - 06. 06.1912). At the time of the Balkan wars (1912-1913), a cabinet of the True People's Party was in power with General Mitar Martinović as the Prime Minister (06.06.1912 - 25.04.1913). He was also the Minister of Military Affairs and a commander on the battlefield so that he was represented by Dušan Vukotić, Minister of Finance, while he was absent. Because he disagreed with the leaving Schodra (Skadar) in April 1913, this Government resigned, and the new cabinet was nominated by Brigadier Janko Vukotić. He served two terms as Prime Minister (25.04.1913 - 12.04.1914) and (12.04.1914 - 27.08.1915). After the World War I broke out, while Vukotić was engaged on the battlefield, he was represented by ministers Risto Popović and Mirko Mijušković. Just before the military collapse of Montenegro during the World War I, the government headed by Lazar Đ. Mijušković was formed (20.12.1915 29.04.1916).
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ARCHITECTURE OF BUILDINGS IN WHICH MONTENEGRIN GOVERNMENT WAS HOUSED
THE GOVERNMENT BUILDING IN CETINJE
Construction of Government Building
The Italian architect Cesare Augusto Koradini constructed the Government Building in Cetinje (Vladin Dom). The President of the State Council Marko Đukanović served as a supervisor of construction works. The foundation stone was laid on 7 June 1909, and the opening celebration took place on 15 August 1910 when Montenegro was proclaimed a Kingdom. The Government Building was purposely designed for “the Principality Government and other institutions in Cetinje”. At the time when it was built, the Government Building was the largest object and the first edifice in Montenegro to be made of reinforced concrete. Craftsmen from abroad constructed it in a neo-Baroque style. There is a large clock on the front side, and, beside it, there are figures of a man (Day) and a woman (Night), following the example of Michelangelo’s Tomb of the Medici in Florence. Under the clock, there are figures of the Goddesses Flora and Minerva.
Detail from the opening ceremony of the Government Building
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OBLIGATIONS, PROCEDURES... Ministers were appointed and dissolved by the sovereign. Ministers were held accountable for their work to the sovereign and national assembly “for their official activities and failure to comply with the law”. The provision of the Law on School Qualifications was not applicable to ministers. They belonged to an outstanding class of senior officers. The king and the sovereign may “at any time” convene the Ministerial Council to the “sitting” and in that case he presides over the Council, in other cases president of the Ministerial Council is the presiding officer. In the absence of ministers, they are represented by other ministers or senior ministerial officers designated by the King. Minister of Justice was, at the same time, the Keeper of the State Seal, who, in the name of the King, approved the laws with the following words: “I, the Keeper of the State Seal, Minister of Justice N.M., saw and sealed the law” Minister of Foreign Affairs served as the Chancellor of Royal Orders at the same time. Civil servants who were “at the disposal of the government” were not allowed to receive from “any gift, prize or medal” from foreign governments without the approval of the Prince. Every officer had a personal record – “personal situation review”, in which he/she also had to disclose his/her kinship and friendship ties (ties based on marriage) additionally to basic personal information, data related to his/her service, orders. A minister may be charged with: 1. betrayal of his Homeland or Ruler; 2. violation of the Constitution; 3. bribery; 4. the damage caused to the state for gain; 5. with violation of the law in accordance with the provisions of the Law on Ministerial Responsibility.
2.3. MONTENEGRIN GOVERNMENTS IN EXILE IN THE PERIOD 1916 - 1922
When King Nikola left the country in early January 1916, the then Prime Minister Lazar Mijušković also left with him. Three ministers and Major General Janko Vukotić, the chief of the Supreme Command, stayed in the country. In exile, in France, new government was formed by Andrija Radović (29.04.1916 - 04.01.1917). As King Nikola refused to renounce the throne and to annex Montenegro to Serbia, Andrija Radović resigned. After a short-term government headed by General Milo Matanović (04.01.1917 - 29.05.1917), a government headed by Evgenije Popović was formed by the Decree of King Nikola from 29.05.1917. Popović was a former long-time Montenegrin consul general in Rome, while other ministers were less significant officials. This government advocated that Montenegro should preserve its statehood, and in case of Yugoslav unification that it should join the new union as its equal member. Popović was replaced as the Prime Minister by Jovan Plamenac, who was appointed Prime Minister by a Decree issued by King Nikola on 4 (17) February 1919. Apart from Plamenac, the then government includ-
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ed also the ministers Pero Vučković, Milutin Vučinić, Milo Vujović and Pero Šoć. In late 1920 and in early 1921, international position of this government worsened. The Governments of France, Great Britain and the USA terminated the relations with the Montenegrin government, while King Nikola died in March 1921. The Plamenac's government resigned on 20.06.1921. By the decree of Queen Milena dated 28.06.1921, Major General Milutin Vučinić was appointed Prime Minister. When Vučinić died in August 1922, Jovan Plamenac declared himself Prime Minister on 16 September 1922 refusing to recognize Queen Milena as regent. By the decree dated 23 September 1922, Queen Milena appointed Dr. Anto Gvozdenović Prime Minister and this was the beginning of two conflicting governments. Formally, these governments were not recognized by anyone. In the period when Montenegro was a part of the Kingdom of Serbs, Croats and Slovenes – SCS (1918-1929) and the Kingdom of Yugoslavia (1929-1941), the participation of Montenegrins in the governments of this state was less than symbolic – in 39 Yugoslav governments in the period 1918-1941, with the total of 819 ministerial mandates, there were only five ministers from Montenegro.
COMPOSITION OF GOVERNMENT OF EVGENIJE POPOVIĆ 29 May 1917 “It took time to select a personality that would be convenient to the composer a new political representative government. Proposals for various combinations were brought into play. The King asked foreign MPs who were accredited by His Majesty and his government for the opinion about the former Minister of Interior Petar Plamenac. It seems that the King’s choice was greeted with disapproval by MPs. Dušan Gregović, who was also a former Minister of Interior, was in Italy and his nomination was also impeded by political obstacles. The King offered the mandate to the count Luj Vojinović, the former Minister of Justice. He apologized for not being able to accept the offer due to his membership in the Yugoslav Committee. Finally, the King chose Evgenije Popović, consul general in Rome, whom was not the “subject to any objections by allied MPs”. The sovereign accepted the resignation from the position of the Prime Minister of the brigadier Matanović and offered the mandate to Evgenije Popović to form the new government. Popović was cautious when selecting colleagues for the cabinet. He consulted many people, carefully listened to their opinions on potential candidates, on the future directions of work of the new government, evaluated characteristics and abilities of individual candidates for solving the likely tasks ahead of the government. The candidate for the Prime Minister compiled the list of elected persons and submitted it to the Sovereign for consideration and approval. The listed contained two candidates more than necessary. The King removed two names from the list, the than member of the Main State Control Dr Ivo Jovićević, and the director of the bank Ćiro Kamenarović, while he switched portfolios to the other two candidates – finance and interior. The Decree on Appointment of the New Government was edited at the Court wherein the members of the new cabinet took the oath on 29 May 1917. The Government had a character of the coalition made of members of the True Peoples’ Party and Peoples’ Party. Popović and Vujović were conservatives while Milićević and myself belonged to democratic peoples’s party”. Niko Hajduković, Memoari, editor, S. Burzanović, Podgorica 2000, 272-273
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2.4. RESTORATION OF MONTENEGRIN STATEHOOD IN THE PERIOD 1941 - 1945
Montenegrin statehood was restored in people's liberation war and revolution 19411945. On 15 November 1943, in Kolašin, the State Anti-Fascist Council of National Liberation of Montenegro and Boka (ZAVNO3) was established as a specific partisans’4 assembly. In addition, the Council had its executive body, i.e. the government. The ZAVNO executive body had 10 members. It was headed by its President, Dr Niko Miljanić, and three Vice-Presidents: Božo Ljumović, Jovan Ćetković and Petar Tomanović. At the third session of ZAVNO held in Kolašin from 13 to 15 July 1944, ZAVNO transformed into Montenegrin Anti-fascist Assembly of National Liberation (CASNO). At this session, a decision was made that Montenegro would join the Democratic Federal Yugoslavia as a full member. The Presidency composed of 17 members was elected, headed by the President, Dr. Niko Miljanić, and three Vice-Presidents: Božo Ljumović, Jovan Ćetković and Petar Tomanović. The Presidency was, in fact, the Government with departments and commissions, which served as portfolios of the executive power. Eleven departments were formed: for interior affairs, education, national economy, national health, economic revival, social policy, justice, food, buildings, forests and ores and information.
Political and military leaders at the CASNO sitting in 1945
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Translator’s note: ZAVNO was the sitting of the Anti-Fascist Council of National Liberation with representatives from throughout Yugoslavia Translator’s Note: Partisans (Partizani) or the People's Liberation Army and Partisan Detachments of Yugoslavia (Narodnooslobodilačka vojska - NOV i partizanski odredi Jugoslavije - POJ) were a communist-led World War II guerrilla force in Yugoslavia. The Partisans were the military arm of the People's Liberation Front (JNOF) coalition, led by the Communist Party of Yugoslavia (KPJ) and represented by the AVNOJ, the Yugoslav wartime deliberative assembly.
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ARCHITECTURE OF BUILDINGS IN WHICH MONTENEGRIN GOVERNMENT WAS HOUSED
BUILDING OF THE ZETSKA BANOVINA IN CETINJE This building was designed by the Russian architect Nikola Krasnov in 1932. The fourth sitting of the Montenegrin Anti-Fascist Parliament of National Liberation (CASNO) was held in the solemn hall of the building of the Zetska Banovina, in Cetinje from 15-17 April 1945. Montenegrin Government had been meeting in this building until 1951.
Building of the Zetska banovina in Cetinje
2.5. MONTENEGRIN GOVERNMENT IN THE PERIOD 1945 - 1989
The Government of the National Republic of Montenegro was formed by the Decree of the Presidency of the Montenegrin National Assembly on 17 April 1945. Blažo Jovanović was the Prime Minister and Petar Komnenić was the Deputy Prime Minister of this Government. This Government had 9 ministries: interior affairs (Radonja Golubović), justice (Jefto Pavić), education (Puniša Perović), finance (Gojko Garčević), trade (Veljko Zeković), agriculture and forestry (Jovan Ćetković), industry and mining (Vlado Lazarević), health and social policy (Mihailo Vicković) and buildings (Petar Tomanović).
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ď ś Daily Pobjeda, 22 April 1945
A specific model of socialism called self-management was developed in Yugoslavia in 1950s. During numerous reforms from 1953 to 1974, the state administration was modified and consequently the institution of the Government as well. As of 1953, the Executive Council was the official name of the government. Instead of the ministries, state secretariats and secretariats of the Executive Council, as well as other autonomous administrative authorities were formed for specific areas. Ministers hold a title of republican secretaries. In Socialist Federal Republic of Yugoslavia, Montenegro was also significantly represented during the formation of the federal government.
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ARCHITECTURE OF BUILDINGS IN WHICH MONTENEGRIN GOVERNMENT WAS HOUSED
BUILDING OF THE EXECUTIVE COUNCIL OF THE REPUBLIC OF MONTENEGRO IN PODGORICA The building of the Executive Council of the Republic of Montenegro was designed by the architect Ivan Zdravković. The building was completed in 1954. The building was built under the influence of the architecture of socialist realism.
Building of the Executive Council of the Republic of Montenegro in Podgorica
2.6. MONTENEGRIN GOVERNMENT IN THE PERIOD 1989 - 2010
After the change of the ruling power in January 1989, Radoje Kontić was elected Prime Minister of Montenegro. At the first multiparty elections in Montenegro held in December 1990, the Union of Communists of Montenegro won (which very soon changed its name to the Democratic Party of Socialists), and Milo Đukanović was elected Prime Minister on 15 February 1991. He served three terms as Prime Minister successively, until 19 October 1997 when he won at direct elections for the President of the Republic of Montenegro. In February 1998, Filip Vujanović was elected Prime Minister. After the parliamentary elections in October 2002, Milo Đukanović was elected Prime Minister.
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The first Montenegrin Government after the restoration of the independence
After the restoration of the Montenegrin independence at the referendum held on 21 May 2006 and after the parliamentary elections held in September 2006, Željko Šturanović was elected Prime Minister on 10 November 2006. He served as the Prime Minister until 29 February 2008, when Milo Đukanović was elected Prime Minister.
WOMEN AND GOVERNMENTS
Since the election of the first Government of the National Republic of Montenegro in April 1945, not a single woman has been elected Prime Minister. In 1953, the official name of the government was the Executive Council and at that time ministers hold title of national secretaries. Vukosava Mićunović and Olga Perović were elected national secretaries.
In March 1994, Ana Mišurović was elected Minister of Environment Protection; in 1997, Branka Liješević was elected Minister of Culture; in 2002, Slavica Milačić was elected Minister for Foreign Economic Relations and European Integration. Dr Gordana Đurović has carried out the same function since 2004. Dr Vesna Kilibarda was Minister of Culture and Media in the period from 2002 to 2006.
Gordana Djurović, PhD, Minister of the European Integration is the only woman in the current Government of Montenegro (since 10 June 2009). From November 2006 to June 2009, she served as Deputy Prime Minister for European Integration.
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ARCHITECTURE OF BUILDINGS IN WHICH MONTENEGRIN GOVERNMENT WAS HOUSED
BUILDINGS OF MONTENEGRIN GOVERNMENT IN PODGORICA The building which was the seat of the Montenegrin Government until February 2010 was designed by the architect Radosav Zeković. The works on the building were completed in 1979. At the time when it was built, it was intended to be the seat of social-political organizations of Montenegro. The building comprises two floors and three ground floor sections, whereby one of them serves as a hall of 500 seats.
Building of Montenegrin Government in Jovana Tomaševića Street in Podgorica
The new building of Montenegrin Government was put into function on 15 February 2010. The architect mr Mladen Đurović designed the project thereof. The Building covers the area of 4 450 m2.
Building of Montenegrin Government in Karađorđeva Street in Podgorica
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2.7. PRIME MINISTERS OF MONTENEGRIN GOVERNMENTS BEFORE 1945
Božo Petrović
Lazar Mijušković
Andrija Radović
Marko Radulović
Lazar Tomanović
Mitar Martinović
Janko Vukotić
Milo Matanović
Evgenije Popović
Jovan Plamenac
MIlutin Vučinić
Anto Gvozdenović
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2.8. PRIME MINISTERS OF MONTENEGRIN GOVERNMENTS IN THE PERIOD 1945 - 2010
Blažo Jovanović
Filip Bajković
Đoko Pajković
Veselin Đuranović
(4 February 1945 – 16 December 1953)
(16 December 1953 – 12 July 1962)
(12 July 1962 – 25 June 1963)
(25. June 1963 – 8 December 1966)
Mijuško Šibalić
Vidoje Žarković
Žarko Bulajić
Marko Orlandić
(8 December 1966 – 5 May 1967)
(5 May 1967 – 7 October 1969)
(7 October 1969 – 6 May 1974)
(6 May 1974 – 28 April 1978)
Momčilo Cemović
(28 April 1978 – 7 May 1982)
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Radivoje Brajović
(7 May 1982 – 6 June 1986)
Vuko Vukadinović
(6 June 1986 – 29 March 1989)
Radoje Kontić
(29 March 1989 – 15 February 1991)
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Filip Vujanović
(5 February 1998 – 8 January 2003)
Željko Šturanović
(10 November 2006 – 29 February 2008)
Milo Đukanović
(15 February 1991 – 5 February 1998) (8 January 2003 – 10 November 2006) (29 February 2008 - )
INTERESTING FACTS
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In the period 1879-1916, eight Presidents of the Ministerial Council and Prime Ministers changed and 14 cabinets were formed.
Blažo Petrović served as Prime Minister for the longest period of time – from 1879 to 1905 (26 years).
Milo Đukanović was the Prime Minister who won the bigest number of mandates – five in total.
The shortest government was the one led by Andrija Radović (19.1.1907-4.04. 1907) – 75 days.
Three-member Government of Andrija Radović (19.1.1907-4.04. 1907) comprised only three members including Andrija Radović who served as Prime Minister, Minister of Foreign Affairs Minister of Military and Minister of Finance, Mihailo Ivanović who was Minister of Interior and Gavrilo Cerović Minister of Justice and education.
Ilija Plamenac was the minister with the longest term of office. He was appionted minister in March 1979, and he performed this duty until 1905 (26 years). There is a well-known proverb in Montenegro: „everything could be changed but the God’s Will and the Minister of Military”.
In 1914, the annual salary of the head of a ministry department amounted to 7000 perpers5 (first class). The salary of clerks amounted to 2000 perpers.
Translator’s note: Perper was the currency used in Montenegro from the period 1906 to 1918.
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Guide through the Government of Montenegro
3. Organization of Montenegrin Government 3.1. CONSTITUTION ON GOVERNMENT
The principle of division of power in constitutional and legal practice is a key principle and cornerstone of the organization of the state power and relation between three branches of power (legislative, executive and judicial). In accordance with the aforesaid principle, the Constitution of Montenegro adopted in 2007 established the system of division of power into legislative, executive and judicial power, whereas the legislative power is exercised by the Parliament, the executive power by the Government and the judicial power is exercised by the courts. It is also laid down that Montenegro is represented by the President of Montenegro, while the Constitutional Court is in charge of protecting constitutionality and legality. The basic function of the Government, as the holder of the executive power in Montenegro, is to implement laws adopted by the Parliament of Montenegro that are interpreted by the courts while performing tasks from jurisdiction thereof. Thus, it is important to emphasize that by its composition, it is a non-MP government, meaning that the Prime Minister and members of government may not exercise an MP function or another public function or professionally perform other activities. Among other things, this principle contributes to independent and non-partisan decision making, which is extremely important not only for the democratization of government and society in general, but also for the protection of citizens’ rights.
ď ś Detail from entrance to building of Montenegrin Government
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The Government is organized hierarchically for the tasks within its jurisdiction require high level of efficiency, prompt reaction and clear accountability. The Government is composed of Prime Minister, one or more Deputy Prime Ministers and the Ministers. Prime Minister and members of government as well as Members of Parliament enjoy immunity, which means that they cannot be called to criminal or other account or detained because of the expressed opinion or vote while performing their duties. The Prime Minister represents the Government and manages the work of the Government. The Government is elected in the manner that the President of Montenegro, within 30 days from the day of constitution of the Parliament, proposes the candidate for the Prime Minister to the Parliament. After that, the PM candidate for composition of government exposes its program in Parliament and proposes the composition of the Government. The Parliament simultaneously decides by majority vote of all MPs on the program of the PM candidate and the proposal for the composition of the Government. As already mentioned, the basic competence of the Government is related to the enforcement of laws, other regulations and general acts (which is closely related to the legislative competence of the Government or the adoption of decrees, decisions and other acts for the enforcement of laws). In addition, the Government is given a number of other competences including running internal and foreign policy of Montenegro, entering into international treaties, deciding on the recognition of states and establishing diplomatic and consular relations with other states. The Government proposes ambassadors and heads of diplomatic missions of Montenegro Highly important competence of the Government is related to proposing the Budget and the Annual Financial Report of the Budget, and Development Plan, Spatial Plan of Montenegro and National Security and Defense Strategy. According the Constitution of Montenegro, the Government and MPs are entitled to propose for laws and other acts. In reality, the largest number of laws is, in fact, proposed by the Government. Finally, the Government also exercises other affairs stipulated by the Constitution or laws. It is stipulated by the Constitution that the Government and a member of the Government may resign, whereby the resignation of the Prime Minister is deemed to be the resignation of the Government. Equally, the Prime Minister may submit to the Parliament a proposal for removal from the office of a member of the Government. A vote of no confidence is a mechanism of control of the legislative branch over the executive, which is recognized in the Constitution as a way of termination of office of the Government. In addition, the Government mandate may cease in the following cases: by expiration of the mandate of the Parliament, by resignation or if it fails to propose the Budget by March 31 of the budgetary year. The Government the mandate of which terminated will continue with its work until the election of the new composition of the Government.
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Guide through the Government of Montenegro
3.2. PRIME MINISTER, CHIEF CABINET, MINISTERS AND SECRETARY GENERAL
The Prime Minister manages the work of the Government. He represents the Government, ensures the unity of political action of the Government, convenes the sittings of the Government and chairs the sittings, signs acts passed by the Government, coordinates the work of the Government members and performs other tasks prescribed by the Constitution and law. In order to achieve the tasks within the jurisdiction of the Government, the Prime minister gives to the members of the Government mandatory instructions and specific tasks and authorizations, pursuant to the Government policy and work plan or conclusions and assumed international obligations of Montenegro. In the case the Prime Minister is absent or prevented to preside over the sitting, he is replaced by the Deputy Prime Minister who will act within the competences entrusted to him by the Prime Minister. The Prime Minister has the Cabinet, which performs professional and other tasks related to the exercise of the Prime Minister’s function. The Cabinet also comprises advisors appointed and relieved from the office by the Government, at the proposal of the Prime Minister, while the Cabinet is managed by the Chief of Cabinet, who is appointed and relieved from the office the same way as the advisors. The Government has also the Presidency, which comprises Prime Minister, Deputy Prime Ministers and Secretary General of the Government. The Prime Minster presides over the sittings of the Presidency, and also convenes the Presidency to the sitting. The Presidency is empowered to coordinate the implementation of a determined policy and the Government work plan, considers certain issues within its jurisdiction, plans the work of the Government sittings and coordinates the work of the Government members. The Presidency may also decide upon the use of the funds from the current budget reserves, in accordance with the criteria established by the Government.
ď ś Prime Minister in performing his daily activities
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ď ś Government representatives in performing their regular activities
The Government may have one or more Deputy Prime Ministers. The Montenegrin Government currently has Deputy Prime Minister for International Economic Cooperation, Structural Reforms and Enhancement of Business Environment, Deputy Prime Minister for Political System, Internal and Foreign Policy, (who, also coordinates the participation of the Government members in the work of the Parliament) and Deputy Prime Minister for Economic Policy and Financial System. A Deputy Prime Minister coordinates and guides the work of the ministry and other state administration authorities in the areas assigned to him/her by the Prime Minister. Deputy Prime Ministers competences to take care of the enforcement of the Government policy in their assigned area are of special importance. A Deputy Prime Minister may be a Minister at the same time. Finally, Deputy Prime Minister is, as a rule, the chair of one of governmental standing working committees. In order to efficiently perform the entrusted tasks, a Deputy Prime Minister has its own cabinet, which performs professional and other affairs related to the exercise of his/her function, and also has advisors. Members of Government are also the ministers, who represent the Ministry (with the exception of the Minister without portfolio) and manage the work of the ministry. A Minister is responsible for the implementation of the Government policy and work plan, for decisions and measures he/she passed or failed to pass or take, as well as for the enforcement of mandatory instructions and orders and authorizations entrusted to him by the Prime Minister. One of the responsibilities of a minister is to inform the Government of all the issues from within his/her competences that are of importance for running politics and decision making of the Government. A minister may also submit to the Government proposals for regulating issues from jurisdictions of the Government and Parliament, as well as to require from the Government to take a stand on a certain issue from his/her competence.
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Guide through the Government of Montenegro
In order to efficiently organize and perform the tasks within the ministry, each ministry has a Secretary who coordinates the work of the organizational units in the ministry and ensures the development of relations and cooperation with the administration authorities in administrative areas for which the ministry was founded and other authorities. A Secretary is accountable to the Minister and the Government for his/her work. Apart from the secretary, one or more Deputy Ministers may be appointed within the ministry. Deputy Ministers manage and organize the work in one or more departments, and are accountable to the Minister and the Government for their work. Apart from ministers and deputy ministers, the Government also has a Secretary General. The Government appoints and relieves from the office the Secretary General, at the proposal of the Prime Minister, and he is accountable to the Prime Minister and the Government for his/her work. The Secretary General is appointed to a four-year term of office, and his mandate terminates by resignation or termination of the Government’s office. The Secretary General manages the work of the General Secretariat that represents the Service of the Government, which performs professional, organizational, administrative and technical affairs for the needs of the Government, Prime Minister, Deputy Prime Ministers, Minister without Portfolio and governmental working bodies. The Secretary General has his own deputy, who falls under the same rules regulating the appointments and dismissals, as well as the duration of the term of office that are applicable to the Secretary General. Also, the Secretary General has one or more deputies, who are appointed by the Government to a five-year term of office, at the proposal of the Secretary General. A deputy secretary general is in charge of managing and organizing the work within the sector of the General Secretariat Finally, the secretary general has one or more advisors.
ď ś Minister in performing her daily activities
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ď ś Minister giving press statements
The Secretary General is responsible for the preparation of the government sittings, enforcement of government acts and exercise of other affairs in accordance with the decision and the Rules of the Procedure of the Government, as well as the affairs entrusted to him by the Prime Minister. He also executes the budget resources allocated for the operation of the Government and General Secretariat. The Secretary General attends the sittings of the Government and he/she is entitled to participate in the work of the Government. In addition, he/she may be a member of a working body of the Government. A member of the Government is obliged to attend the sittings of the Government and to participate in its work. Only in exceptional circumstances, when the member of the Government is justifiably prevented from attending the sitting of the Government, his/her deputy or the secretary of the Ministry will attend the sitting with a prior consent of the Prime Minister. In the case of more than two-day absence and in case of travel abroad, the member of the Government must also obtain the consent of the Prime Minister. In the case, the member of the Government does not attend the governmental sitting, a material within the competence of the ministry he/she runs, as a rule, is not deliberated. Apart from obligatory participation in the sittings of the Government, the member of the Government is also obliged to participate in the work of governmental working bodes he/she is elected to, as well as to participate in the exercise of other affairs within the competence of the Government. A member of the Government, who is appointed representative of the Government in the Parliament, is obliged to participate personally in the work of the Parliament, as well as in the work of parliamentary working bodies. A Minister without portfolio (the minister who is not in charge of a ministry) is obliged to perform affairs entrusted to him/her by the Prime Minister, and which relate to specific areas of the governmental work. He also may manage the work of governmental working bodies.
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Guide through the Government of Montenegro
3.3. WORKING BODIES OF THE GOVERNMENT
Standing and temporary working bodies, which perform significant and multiple role, are formed within the Government. The work within these bodies contributes to having a more efficient and better quality process of formulation and preparation of government policies, as well as coordination of work of the state administration authorities in the process of preparing documents and other materials for the session of the Government, and monitoring the enforcement of government acts. In addition, these bodies are tasked to give suggestions and opinions on matters within the jurisdiction of the Government. Standing working bodies are formed to consider issues from the jurisdiction of the parliament and give opinions and suggestions thereof, monitor the enforcement of government acts and harmonization of positions of state administration authorities in the preparation of documents for the sittings of the government. Standing working bodies are formed by the Rules of Procedure of the Government. Furthermore, a working body may form expert groups in order to explore further certain issues. A standing working body has a chairperson, deputy chairperson and a number of members. In the event that the chairperson of a standing working body is absent or prevented from performing his/her tasks related to that body, his/her deputy assumes the rights, obligations and responsibilities of the chairperson. Standing working bodies of the Montenegrin Government are as follows: 1) Commission for Political System, Internal and Foreign Policy; 2) Commission for Economic Policy and Financial System; 3) Commission for Human Resources and Administrative Issues and 4) Commission for Allocation of a Portion of Funds from Budget Reserve.
ď ś From a working body sitting
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Commission for Political System, Internal and Foreign Policy performs the tasks related to the consideration of proposals for the laws, other regulations and general act relating to the establishment, organization and competences of state administration authorities and procedures conducted before those authorities; the exercise and protection of human and minority rights and freedoms; local self-government system; security and interior affairs; system of defence; foreign policy and international cooperation; international legal aid; extradition; criminal and other offences, liability for penalties; lawyer’s profession and other types of assistance and mediation; national symbols; use of national symbols; national holidays; nationality; electoral system; referendum; territorial organization of Montenegro; attitude of the state toward religions; attitude of the state toward the emigrants from Montenegro and cooperation with international organizations in relation to refugees; family relations and inheritance; civil service system; non-governmental and political organizations; culture; information system and sports, as well as other issues falling within the scope of functioning of a political system, internal and foreign policy. Commission for Economic Policy and Financial System performs the tasks related to the consideration of proposals for the laws, other regulations and general acts and other materials relating to the following: the current economic and development policy and the system of public expenditures in the area of economy, education and science, tourism, trade, agriculture, forestry, water management, civil engineering, maritime affairs, transportation, environmental protection, spatial planning, information technology, telecommunications, standardization, metrology, industrial property, small and medium-sized enterprises; transition of economy, market and prices, economic foreign relations, investment policy and implementation of investment policy; implementation of policy of sustainable regional development; implementation of the policy of ecological state of Montenegro, implementation of development plans and other planning documents, development and functioning of the financial system; banks, insurance, payment operations, games of chance, funds, state loans, the system and the policy of public revenues and expenditures; the Budget of Montenegro and the Annual Financial Report of the Budget of Montenegro; public debt; property and ownership relations, transfer of real-estate; customs policy; copyrights; health care and health insurance; pension and disability insurance; welfare for war veterans and the disabled; statistics; labour and employment; safety at work; allocation and use of the funds from the current and standing budget reserve as well as other issues falling within the scope of economic development, financial system and public expenditure. Commission for Human Resources and Administrative Issues performs the tasks related to the implementation of human resources policy and professional training of employees; drawing up proposals for nomination, appointment and dismissal of officials, managing and other persons nominated or appointed by the Government; drawing up proposals for or giving opinions about proposals for appointment of managing authorities and working, specialized and other bodies nominated by the Government; drawing up proposals for giving consent to the appointment of persons regarding whom appropriate regulations prescribe that the Government is competent to give such consent; proposing positions in relation to the immunity rights of the members of the Government; passing resolutions within the administrative procedure within the competence of the Government and the area of administrative issues, and consideration of other issues related to the human resources policy.
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Guide through the Government of Montenegro
Commission for Allocation of a Portion of Funds from Budget Reserve decides on the allocation of funds from the budget reserve the amount of which is determined by the Government. The determined amount of the funds, in accordance with the planned dynamics, is allocated by the Commission to the natural persons, individual organizations, societies and associations, based on the applications submitted and appropriate documentation. The sessions of the commissions are held, as a rule, once a week. A chairperson of a commission convenes the session, proposes the agenda, presides over the session and signs the reports, conclusions and other documents of the commission. The agenda, materials for discussion and the minutes from the previous session are submitted to the members of the commission no later than five days prior to the date of holding the session. However, the reasons of urgency sometimes require consideration of individual issues in a shorter period. Commission has a secretary. The secretary is in charge of preparing the sessions of the commission. In addition, he/she performs professional processing of materials and, for the chairperson of the commission, he/she prepares relevant positions about materials submitted, takes minutes from the sitting, prepares the report of the commission; he/she is responsible for the enforcement of conclusions of the Government regarding the issues relating to the scope of work of the commission and he/she keeps appropriate records of conclusions and performs other affairs ordered by the commission, its chairperson or the Secretary General of the Government. Commission will meet if more than half of its members are present, and it decides by majority vote of members present. As in the case of the compulsory attendance at a sitting of the government and procedure in the case of absence of a member of the government, the documents proposed by him/her or prepared by the ministry whose minister is not present will not be considered at the session of the commission; instead the consideration of the aforesaid materials is postponed. Conversely, in order to ensure that all stakeholders are involved in the process, the representatives of other administrative authority, business company or other legal person may attend the session of the commission, if the materials prepared by this authority or legal persons are considered at the session. If certain documents submitted to the session of the commission relate to other ministries and administrative authorities or to the issues within the scope of work of those bodies, then the representatives thereof are to participate in the work of those authorities. After getting an approval from the chairperson of the commission, a person designated by a member of the commission may attend the session in order to give expert opinions and explanations. Eminent scientific workers and experts in certain fields may participate in the work of the commission when invited. In the phase of preparing a session of the commission, the chairperson of the commission, at his/her own initiative or pursuant to the conclusion of the commission, may organize meetings with authorized representatives of ministries, other administrative authorities, state authorities, business companies and institutions of interest for Montenegro. Prior to holding a session of the commission, ministries, other authorities and organizations are to give their opinions on the documents that will be considered at the session, as a rule, in writing form. Nevertheless, the opinion may be also given verbally at the session.
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ď ś Detail from a sitting of a working body
Commissions hold joint meetings that are convened by chairpersons for the purpose of considering matters of common jurisdiction or aligning their attitudes. After completing the sitting, the commission submits to the Government a written report containing statements and assessments of the discussed material and proposals for conclusions and recommendations in the form in which they are to be adopted by the government. The report contains the information if the proposer agreed with the determined positions and conclusions of the Commission, and if not, it also states the reasons of disagreement, along with the positions of proposers. A member of the commission may state his/her dissenting opinion in the report. Given the fact that the documents are thoroughly discussed at the sessions of commissions, after which very often a number of documents is just to be adopted by the government, commissions serve as a kind of filter before the government session. However, this does prevent any member of the Government from expressing objections to the presented text at the government session. Technically, all materials that are later included in the agenda of the government session should be first discussed and considered within the respective commission. However, in practice it happens that some of documents are submitted directly to the government session, but those situations are rare and related to important questions that need to be discussed by urgent procedure. Ad-hoc working bodies are formed by a special decision of the Government to consider certain issues from the jurisdiction of the Government and to give opinions and proposals.
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3.4. ADVISORY BODIES OF THE GOVERNMENT
The Government may form a council or another advisory body of the Government, the duties, composition and the manner of work of which are laid down in their founding documents.
ď ś Detail from a meeting in the government
3.5. WORK PLAN OF THE GOVERNMENT
Government adopts an annual work plan, which consists of a thematic and legislative part. The basis for the adoption of the work plan of Government program is laid down in the program of the candidate for Prime Minister, previously approved by the Parliament and positions of the Government regarding these issues. Thus, the program represents a projection of what the government intends to achieve in the current year, taking into account trends not only at internal, but also at international level (in relation to this, special importance is given to the obligations that Montenegro has to meet with regards to its relation to the international organizations whose member it is, as well as the obligations deriving from the ratified and published international treaties, particularly obligations in relation to the integration into the European Union). Comprehensiveness of the intended government tasks may be also seen from the following division thereof: 1) The process of the European integration; 2) Political system, internal and foreign policies; 3) Economic Policy 4) Financial system and public spending.
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Each task has listed a holder of the task and the deadline for its implementation along with a short description of the task and a working body responsible for its deliberation. The process of preparing the work plan of the Government starts in ministries and other administrative bodies, which submit their proposals, initiatives and suggestions to the General Secretariat. Once the General Secretariat reviews all the proposals and makes a draft work plan, this draft is submitted to all standing working bodies or commissions for consideration within their scope of work. A proposal for the work plan of the government is prepared in the General Secretariat after the commissions had given their own proposals and suggestions. Within the work plan of the Government, each task has defined deadline within which ministries or other administrative authorities are obliged to perform that specific task. It happens, however, that these deadlines can not be respected in practice. If this happens, ministries and other authorities have an obligation to notify the Government in due time about their reasons for not being able to perform these tasks, as well as to propose a new deadline for the implementation thereof. After that, the Government considers the notice and takes the position thereof. Although the work plan of the government represents a fairly detailed document adopted in advance, it still can be expected that, if necessary, an activity is introduced therein over the year. These are, of course, exceptions, because the entire organization of the Government at annual level would be quite disturbed by frequent amendments to the work plan. In addition to the Government work plan, there are work plans of the state administration authorities that are adopted on annual basis. A work plan of a state administration authority, in particular, contains: 1) Review of activities of an authority (listed individually by function); 2) Basic content of tasks; 3) Holders of activities (organizational unit, team, specific officers, etc.); 4) Deadlines for the implementation of activities (given monthly, quarterly or otherwise); 5) Entities with which it cooperates in the process of the implementation of the activities (entities are indicated individually, while it is necessary to also specify the form of cooperation); 6) Review of funds needed for the period for which the work plan is to be adopted; A work plan is adopted by a minister or head of other administrative authority, whereas the adoption of the work plan by other administrative authority requires a prior consent to be given by the competent ministry.
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3.6. STATE ADMINISTRATION AUTHORITIES
According to the Constitution of Montenegro, the state administration affairs are performed by the ministries and other administrative authorities. Individual tasks of the state administration may be entrusted to the local self-government or some other legal person by the regulation of the Government. The state administration is professional, independent, autonomous and non-partisan in its work, and state administration authorities are obliged to decide lawfully and timely in matters within their competence. The work of state administration authorities is subject to control, which is carried out through administrative and other supervision, judicial control and other forms of control, in accordance with the law. Pursuant to the constitutional provision on the official language and languages in official use, the state administration authorities are obliged to ensure that the representatives of minority people and other minority national communities exercise their rights to the use of their own language and alphabet in official use, as well as to conduct a procedure in their own language in municipalities with a major or significant percentage of these groups in the whole population. The affairs of state administration include as follows: 1. proposing internal and foreign policy; 2. the conduct of a development policy; 3. normative activities; 4. enforcement of laws and other regulations; 5. the conduct of administrative supervision; 6. deciding in administrative procedure on rights and obligations of citizens and legal persons; 7. proceeding in misdemeanour procedures; 8. ensuring the performance of affairs of public interest and other affairs of the state administration set forth by the law and other regulations. State administration authorities are established by the Government, which determines the organization and the manner of work of the state administration and regulates the matters related to ensuring the enforcement of decisions of the Constitutional Court, as well as other issues of importance for the organization and the work of the state administration. State administration authorities in Montenegro are ministries and other administrative authorities. The supervision over the lawfulness of work of the administrative authorities shall be performed by the ministries.
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ď ś Representatives of the Government and ministries in performing their regular activities
On one side, ministries are established for one or more connected administrative areas, depending on the nature, significance and scope of these affairs, and on the need to provide a development strategy. On the other side, administrative authorities are established for the performance of tasks related to the enforcement of laws and other regulations, administrative and professional affairs in administrative fields in which ministries are established and in other fields, when the scope and character of work require independence at work or the existence of administrative authorities. Ministries are responsible for performing affairs of proposing for internal and foreign policy, conducting development policy, legislative activity and administrative supervision, in accordance with the law. Ministries determine development strategies and stimulate the economic, social, cultural, ecological and general social development, by monitoring and exchanging of information and records and by statistical and analytical monitoring of the situation in the fields they had been established for, as well as by proposing and adopting measures. A ministry is obliged to undertake measures and activities aimed at the implementation of the work plan of the Government. In addition, a ministry is obliged to, at the request of the Government, study a certain issue or perform a certain task. It is also obliged to ensure the enforcement of the government conclusions and acts. At least once a year, ministries submit to the Government a report on their activities and situation in their administrative area. At the request of the Government, ministries are also obliged to submit a separate report on specific issues within their purview, measures taken and their achievements. The report on the work of the ministry also contains the report on the work of an administrative authority which is under its supervision.
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Guide through the Government of Montenegro
Ministries are obliged to cooperate and to exchange the information on each other’s activities, in particular, on the issues important for their work. In accordance with the Decision of the Government, ministries are obliged to perform the tasks jointly. The same obligations may arise from their prescribed competences. Inter-ministerial cooperation in preparing and adopting regulations not only results in better quality proposals for laws, but also offers to ministries a possibility to get to know better with the work of other ministries and in that way get a better insight into general situation within the executive as a whole. When the performance of certain affairs falls within the competence of two or more ministries, the performance of these affairs is to be administered by the ministry in whose purview lays the predominant part of affairs to be performed. Administrative authorities in Montenegro are established in the form of administrations or authorities that perform chiefly administrative and therewith related professional affairs and secretariats, offices, directorates and agencies, or authorities that mainly perform professional affairs. Here is the list: Administrations are authorities that immediately implement the laws and other regulations and decide on rights and liabilities of natural and legal persons and other entities. Secretariats are authorities that perform chiefly professional affairs with the possibility to perform certain administrative and other affairs. Offices are authorities that perform professional and therewith related administrative affairs by the application of scientific methods and knowledge. Directorates are authorities that perform chiefly professional and therewith related administrative affairs relating to the economy. Agencies are authorities that perform professional and therewith related administrative affairs, which are performed by the application of market principles, i.e. service delivery, and ensure improvement and development.
Minister in performing his regular activities
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Administrative authorities may, in accordance with the act on their establishment, have the status of a legal person. Equally, within the scope of their work, they may deliver services to natural and legal persons, and charge fees therefore. Administrative authorities are managed by heads of administrative authorities. An administration, office, directorate, and agency are managed by a director, whereas the secretariat is managed by a secretary. A head of an administrative authority is appointed and dismissed by the Government, at the proposal of the competent minister. The head of an administrative authority is liable for his/her work, the operation of the administrative authority he/she manages, as well as for the condition in the specific field, to the line minister and to the Government. The office of a head of an administrative authority terminates by resignation, dismissal, or with the cessation of the Government‘s mandate. An administrative authority, at least once a year, submits to the line ministry a report on activities and condition in areas for which it was founded. The internal organization and systematization of state administration authorities is defined depending on the scope, type and complexity of tasks they perform and in a manner that ensures their efficient, cost-effective and effective performance. The criteria for the internal organization, systematization and nomenclature of affairs as well as the provisional number of employees are defined by the Government. The act on the internal organization and systematization of a state administration authority is defined by the Government, on the proposal of a minister or head of an administrative authority respectively. In the procedure of defining an act on the internal organization and systematization of an administrative authority, the Government is obliged to obtain the opinion of the ministry that supervises the operation of that specific authority. A council may be established within a ministry, as a professional-advisory body of the ministry, for consideration of issues from the competence of the ministry. The council is made of prominent scientists and experts and is founded by the minister. In addition to the council, a collegium may be formed within the ministry or other administrative authority as an advisory body. As a rule, the collegium is made of managers and civil servants or employees designated by the minister or head of other administrative authority. If the performance of certain tasks requires professional cooperation of civil servants and employees from different internal organizational units, there is a possibility to form project groups, teams or other appropriate forms of work. A project group, team or other form of work may be established by the Prime Minister, minister or head of other administrative authority. Civil servants and employees may be engaged in the aforesaid forms of work, whereas it is needed to obtain first the approval from a minister or head of other administrative authority. In addition to civil servants and employees, it is possible to engage experts outside the state administration authorities. In order to provide you with better understanding of the organization of the Government and state administration authorities, we prepared the graph below. The overview is given in order to present which ministry performs supervision of which administrative authority, with the exception of the Secretariat for Legislation, which is under the jurisdiction of the Government, via the Secretary General.
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1. 2. 3. 4. 5. Secretariat for Legislation
1. State Archive 2. Youth and Sports Directorate
6. 7. 8. 9.
Tax administration Real Estate Administration Customs Administration Administration for Anti-Corruption Initiative Administration for Prevention of Money Laundering and Financing Terrorism Administration for Games of Chance Public Property Administration Statistical Office Public Procurement Directorate
Ministry of Finance
General Secretariat of the Government
1. Office for International, Scientific, EducationalCultural and Technical Cooperation 2. Education Office
Refugee Care and Support Office
Ministry of Education and Science
Ministry of Culture, Sports and Media
Ministry of Labour and Social Welfare
Ministry of Tourism
Ministry of Health
Ministry of Human and Minority Rights
Ministry of Foreign Affairs
Ministry of European Integration
GOVERNMENT
Ministry of Spatial Planning and Environmental Protection
Ministry for Information Society
Ministry of Defense
Ministry of Justice Institution for Enforcement of Criminal Sanctions
Ministry of Economy
1. Administration for Protection of Competition 2. Metrology Office 3. Intellectual Property Rights Office 4. Directorate for Development of Small and Medium Sized Enterprises
Ministry of Agriculture, Forestry and Water Management
Ministry of Interior and Public Administration Ministry of Transport, Maritime Affairs and Telecommunications
1. Veterinary Administration 2. Forest Administration 3. Water Administration, Phytosanitary Administration 4. Tobacco Agency
Directorate for Protection of Classified Data
1. Human Resources Management Authority, 2. Police Administration
1. Maritime Safety Administration 2. Port Administration 3. Transport Directorate 4. Railways Directorate
* Government performs supervision over the work of the Secretariat for Legislation via General Secretariat
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Certain state administration affairs may be delegated or entrusted to the local selfgovernment or other legal person by the law or government regulation respectively. It is done for the sake of their more efficient and more cost-efficient implementation. Before the adoption of an act on delegating/entrusting affairs, it is necessary to prepare an elaborate on justification of such a decision. The elaborate particularly consist of: the justification for the entrusting of the affairs, precise determination of affairs to be entrusted, the entity to which the affairs are entrusted as well as positions and opinions of the local self-government authorities, institutions and legal persons on the possibilities and conditions for the implementation of the entrusted affairs; then it is determined whether or not there are conditions related to the organizational, personnel, technical, financial and other material issues and finally the manner and terms of financing the implementation of entrusted affairs. An administrative authority is responsible for exercising control whether or not the authorities, in performing the delegated or entrusted affairs act in accordance with the law. It also warns an authority when it finds that the same fails to act in compliance with the law and proposes measures the authority should undertake in order to prevent such actions. If an authority, even after the warning, fails to perform entrusted/delegated tasks or performs them irregularly and inefficiently, the administrative authority may suggest to the Government to initiate a procedure for taking away delegated or entrusted affairs from them.
ď ś Detail from the Government Public Relations Bureau
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4. Legislative activity 4.1. PREPARATION OF ACTS AND OTHER DOCUMENTS Law drafters prepare proposals for documents for consideration at the Government sessions, in the manner as provided for under the Rules of Procedure of the Government of Montenegro. In addition, drafters of proposals for laws, other regulations and general acts are obliged to prepare the documents in accordance with legaltechnical rules determined by the Secretariat for Legislation. These rules set forth concrete instructions for drafting laws and secondary legislation (the rules cover the system of the legislation, formal structure of legislation, as well as systematic and structure of secondary legislation), specific rules related to the amendments and corrigendum to the law, as well as the rules related to the language rules, style, and manner of writing of the legislation. A special part of these rules is made of guidelines for harmonization of the Montenegrin legislation with the legal order of the European Union. In the process of preparing a proposal for a law, strategic or planning documents, at the request of a legislator or at the initiative of the chairman of the commission, a prior discussion may be held before the commission. This discussion serves as a userfriendly guide that drafters need to follow while drafting documents. A motion intended for consideration and deciding at the Government session is submitted in the form of: 1) a proposal for a law, other regulation or general act that is submitted by the Government to the Parliament; 2) a proposal for the budget law, the budget law of Montenegro and annual financial statement o the Montenegrin budget; 3) a proposal for a regulation, decree and other general act adopted by the Government; 4) a proposal for the basis for international meetings (in the country and abroad) and proposal for the basis for negotiating and concluding international agreements with other countries and international organizations; 5) a Government proposal for an opinion about proposals for the law , other regulation or general act proposed by the Government; 6) proposals for programs, reviews, attitudes and conclusions of the Government on certain issues; 7) a proposal for a response or opinion that the Government submits to the Constitutional Court of Montenegro, as well as proposals for measures for the enforcement of the rulings of the Constitutional Court of Montenegro. 8) a proposal for a decision and other individual acts adopted by the Government.
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The documents should also include the proposed reviews and conclusions that the Government should adopt. A proposal for a conclusion contains a precisely defined activity, holder of the activity and the deadline for the .enforcement of the obligations. In addition to a proposal for a law, other regulation or general act that the Government proposed to the Parliament, a lawmaker also submits to the Government a proposal for designating a representative of the Government who will participate in the work of the Parliament and its working bodies. A proposal for a law, other regulation or general act that the Government refers to the Parliament is prepared in line with the Rules of Procedure of the Montenegrin Parliament and the Rules of Procedure of the Montenegrin Government. Therefore, if the Government is a proposer of a law, it has to submit the law to the Parliament in a form in which a law is enacted, along with a justification of the law in writing and a certain number of copies. In addition, the law is to be submitted in electronic form. A justification of the law must contain: the constitutional basis for passing the law, the reasons for passing the law, the data on the compliance of a proposal for the law with the European legislation and ratified and published international treaties, an explanation of basic legal institutes and the assessment of financial resources needed for the implementation of the law. In the case of a proposal for a retroactive application of the law, it must be explained why the retroactive application of the law is in the public interest. However, in the case of proposing a law amending the law, the text of the provisions of the law to be amended must be enclosed. A proposal for a decree, other regulation or general act adopted by the Government must also contain a justification, whereas the content and the size of the justification depend on the type of an act. A special justification form is prepared for proposals for laws on ratification of international treaties, and the content of the justification form is prepared in line with the Law on Concluding and Enforcing International Agreements. Pursuant to that Law, the justification of a proposal for the law on ratification should contain: the constiutional grounds for passing the law (vested in the Article 82 item 17 of the Constitution of Montenegro), an assessment of international relations and the goal of passing the law, explanation of basic issues governing an international agreement, an assessment of financial resources that are needed for the enforcement of the law on ratification, a notice on the need for harmonization of national legislation with the international agreement for and the reasons of urgency, if the law is proposed to be adopted by urgent procedure.
ď ś Sitting of the Montenegrin Government
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Guide through the Government of Montenegro
A document submitted to the Government for consideration may be more than ten pages long. This rule does not apply to draft laws/proposals for laws, proposals for strategic and planning documents and other general acts. In addition to a ten-pageslong document, it is necessary to enclose a resume or a summary of a document not longer than five pages. Materials to be considered and decided at the Government sitting may not be available to the public before the session. Should a proposal that is to be considered and decided upon or a justification or other supplements thereto that are tabled together with the proposal contain confidential data, the proposer decides and designates the type and the level of confidentiality. This is done in accordance with the special Law on Data Protection, according to which a confidential data is assigned one of the levels of confidentiality such as “strictly confidential", "secret”, “confidential" or “internal”. The basis for determining the level of data secrecy is the content of a secret data and its significance for the security of Montenegro and its political and economic interests. Special records have been kept of such proposals, which are given back to the Secretary General after being used. Having in mind the fact that the preparation of each document consists of several phases, preparation of materials for the Government is not an easy process even if it is done in cooperation with certain ministries or other administrative authorities when needed. Stemming from this fact, a proposer of a law, other regulation or general act is obliged to submit the following opinions and assessments: 1) Opinion of the Secretariat for Legislation as regards the conformity of a proposal for a law with the Constitution and the legal system of Montenegro; 2) Statement of Conformity of a proposal for a law with appropriate EU regulations, with enclosed table of conformity, which is prepared in accordance with the instructions of the Ministry of European Integration and which needs to be approved by this Ministry. 3) Opinion of the Ministry of Justice about a proposal for a law governing the proceedings before the courts, as well as about the provisions thereof regulating sanctions and misdemeanour procedures; 4) Opinion of the Ministry of Interior and Public Administration about a proposal for a law governing the procedure before the public administration authorities, the system of public administration and local self-government. 5) Assessment of the fiscal impact of the implementation of laws on the Budget of Montenegro, as well as on the budgets of the Pension and Disability Insurance Fund, Health Insurance Fund, Employment Agency of Montenegro and local selfgovernment, in conformity with the instructions given by the Ministry of Finance; 6) Opinion of the Ministry of Finance that the solutions embedded in the proposal for a law do not create business barriers. 7) Opinion of the Ministry of Foreign Affairs about proposals for laws on ratification of international agreements, at the proposal of the basis for concluding international agreements and documents related to running negotiations and meetings with international delegations; 8) Opinion of the Human Resources Management Authority about the proposal of the rulebook on internal organization and systematization of state administration authorities.
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ď ś Plenary Hall for Government sessions
In addition to a proposal for a law, other regulation and strategic and planning documents, the lawmaker is obliged to submit a report on inter-sectoral and inter-ministerial consultations. This points out to the need for cooperation between state administration authorities, both at inter-ministerial level as well as between ministries and other state administration authorities, which does not only include cooperation during the preparation of a proposal for a law, but also as an obligation of authorities to inform each other of their work and in particular of the issues important to their work. Apart from views, proposals for laws and opinions presented in inter-sectoral and inter-ministerial consultations, a proposer of the law is obliged to also submit a situation analysis, appearance and problems in the area governed by the law. Having in mind that one of the Government obligations is related to the transposition of regulations of the European Union into our legal system, lawmakers are obliged to submit to the Ministry of European Integration the EU regulations, ratified international treaties with which the law is put into conformity in addition to the proposal for a law. This is very important because the EU regulations that do not exist in the database of the Ministry of European Integration are very often translated within the ministries, which requires that all the translations are kept at one place after they had passed through all the phases of text processing and editing up to the final versions. On the other side, the Ministry of European Integration is obliged to provide a lawmaker with a possibility to use translations and documents available in its database. The Ministry of European Integration prepared a Manual for Translation of Regulations in the Process of European Integration, so that all persons engaged in the process of preparation of translations of EU regulations and other international regulations are obliged to use the Manual in order to ensure a terminological consistency. For this purpose, a terminological database MONTERM has also been developed. A lawmaker is also obliged to submit a proposal for a law to the ministries or other authorities in writing.
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Guide through the Government of Montenegro
Once the lawmaker submits the proposal for a law, strategic or planning document to the Ministry, or other administrative authority for an opinion, that ministry or authority is obliged to submit its positions on the act in writing, in Taking into account the importance and complexity of all the period not later than 14 forms of communication at international level regarding days. This period is shorter in negotiations and meetings with foreign delegations, it is necessary to prepare a preliminary proposal for the basis the case of proposals for for running negotiations or platform. other documents and is normally five days, whereas it The platform is established by the Government and it may happen that the opinion includes: an assessment of the relations with another is submitted even in a shorter country or international organization, reasons for proposing the dates for holding international meetings, basic issues period at the justified request that will be negotiated and positions that will be advocated of the lawmaker. The introby the Montenegrin delegation. The proposal also includes duction of deadlines for the composition of the delegation, as well as the costs of obtaining an opinion from the delegation. ministries or other administrative authorities on the proposIn the case of urgency, discussions with foreign delegations may be conducted on the basis of instructions give by al for a law is significant prithe Prime Minister. marily because of a commitment to fulfill tasks within The delegation is obliged to submit a report to the deadlines defined by a certain Government after the end of the meeting. work plan of the Government. Prior to submission of a document to the Government, a lawmaker is obliged to put it into conformity with the opinion of the Secretariat for Legislation, ministries and other authorities, which had given their opinion before. If the lawmaker does not accept opinions of the aforesaid authorities or if they do not harmonize their positions in direct cooperation with each other, disputable questions will be put in conformity before the line Deputy Prime Minister. Finally, the lawmaker submits the proposal for a law, strategic or planning document to the General Secretariat not later than 15 days before the government session, whereas the rest of documents may be submitted to the General Secretariat not later than seven days before the beginning of the government session. The Secretary General of the Government is obliged to inform lawmakers about the omissions in the document, for example if the document is not prepared in accordance with the Rules of Procedure of the Government or to ask for the elimination of these omissions. After the elimination of these omissions, the Secretary General distributes the documents to the government members.
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4.2. GOVERNMENT SITTING
The Prime Minister convenes the government to the first sitting within eight days from the election of the Government. The Prime Minister convenes the government to a sitting upon his/her own initiative or upon the proposal of a government standing working body or upon a proposal of at least five government members. The government sitting is usually held once a week on the day designated by the Prime Minister. Government sittings are usually held on Thursdays, and the sittings of working bodies are held on Tuesdays. In special circumstances or if there is a need to undertake certain urgent measures, the Prime Minister may convene the Government to an extraordinary sitting. The Secretary General informs members of the government of the convocation of the session, as a rule, in writing and two days before the sitting. The invitation to the sitting includes the date, place and time of holding the sitting, as well as other information of importance for holding the sitting. A proposal of the agenda, commissions’ reports, minutes from the previous sitting, as well as the documents, which were not submitted earlier, are also enclosed to the invitation to the sitting. Since recently, the government and commissions have officially started with holding e-sessions and as of that time the materials are submitted electronically.
ď ś Detail from a government sitting
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Guide through the Government of Montenegro
If needed the invitation for the sitting may be also delivered in a shorter period. In addition to the Prime Minister, deputy prime ministers and members of the government and the secretary general, the secretary of the Secretariat for Legislation also participates in the work of the session. When invited, authorized representatives from the ministries and other administrative authorities, General Secretariat, as well as other invited persons may attend and participated in the work of the government sitting. These invitees will be submitted only the materials relevant for the items of the agenda for which they were invited to the sitting. The Prime Minister, however, may decide that only the government members attend the sitting. The course of the government sitting: 1) Determining the agenda – after the Prime Minister opens the sitting he moves to determining the agenda. On this occasion, a member of the Government may propose the amendments to the agenda, which must be justified. The Prime Minister himself is entitled to propose amending the agenda by the end of the sitting. 2) Passing the minutes from the previous sitting – upon determining the agenda, the minutes from the previous sitting is adopted. A member of the Government is entitled to file objections to the minutes, which are to be voted upon by the Government during the adoption of the minutes. 3) Deliberating and deciding upon the items of the agenda, voting – each item of the agenda is deliberated and voted upon. If a member of the Government is at the same time a member of the commission, which considered certain documents and issues, as a rule, he/she does not participate in the discussion about the same issues at the government sitting unless he/she had a dissenting opinion at the sitting of the commission. He/she can only discuss an issue that is the subject to the debate. If a participant in the debate departs from the agenda in his/her speech, the Prime Minister will give him/her a warning about it. A participant in the debate is entitled to speak only once about the same item of the agenda, unless he/she gives a reply to the speech on another participant. After the end of the debate, the Government decides on determining the text of a proposal for a law, other regulation or general act and adopts the appropriate act or conclusion. A member of the Government may have a dissenting opinion, which needs to be explained. Decisions are passed by a majority vote of members present. Voting at the sitting is public. Voting results are determined by the Prime Minister. In the case of a tie, the decision is considered to be passed if it is voted on by the Prime Minister. A proposal for shortening the term of the Parliament, proposal for a call for a national referendum, proposal for a vote of confidence in the Government, proposal for dissolution of the Parliament, resignation of the Government, submission of a proposal amending the Constitution and establishing a proposal for the budget law and annual budget account are decided upon by a majority vote of all government members. In urgent and other particularly justified circumstances, the Government, at the proposal of the Prime Minister, may decide on certain issues without holding the sitting, if it previously obtains the consent of the majority of the government members. The decision passed in this way must be verified at the first subsequent sitting of the Government.
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The Government keeps the minutes of its sittings, and the secretary general takes care of taking and archiving thereof. The minutes are signed by the Prime Minister, his deputy replacing him or secretary general. In addition to taking minutes, the course of the government sitting is recorded phonographically. Verbatim notes are considered to be strictly confidential unless the Prime Minister decides otherwise on individual cases. Members of the Government may use verbatim notes and before the adoption of the minutes they are entitled to edit their speeches without making substantial changes to the text. Materials from the government sitting, in addition to the acts adopted by the Government and the minutes and phonographic records are stored in the archive of the General Secretariat of the Government and may be used with the consent of the Secretary General. Once the government takes position on an issue from the scope of work of a particular ministry or other administrative authority, the secretary general submits conclusions to that ministry or administrative body upon verification thereof. In urgent matters, those conclusions may be submitted even prior to the verification. The conclusion is considered to be verified upon the adoption of the minutes from the sitting at which it had been passed. Given the fact that the minutes are adopted at the first next sitting, the conclusion is also considered to be verified with the adoption of the minutes from the sitting at which it had been passed. A lawmaker prepares a regulation or other general act in the form passed by the Government, after which it submits it to the Secretariat for Legislation. According to opinion of the Secretariat, the lawmaker submits a regulation or other general act to the secretary general signature or publication thereof. The Secretary General submits that regulation or general act to the Prime Minister for signature, and then submits the signed text to the Secretariat for Legislation to be published in the Official Gazette of Montenegro. The proposal for a law or other act approved by the Government is prepared by the lawmaker in the form in which the text is adopted at the government sitting and delivers it to the Parliament. The lawmaker is also required to submit the proposal for the law to the Secretary General along with the statement of the line minister that it is prepared in the text adopted at the government sitting.
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4.3. ACTS OF THE GOVERNMENT AND MINISTRIES
PAccording to the Constitution of Montenegro, the Government passes decrees, decisions and other acts for the enforcement of laws. It is also stipulated by the Constitution that the Government, during the war or emergency, may pass decrees with the force of law, in the case the Parliament cannot meet. As soon as the Parliament can meet again, the Government is obliged to submit to the Parliament decrees with the force of law for approval. A decree of the Montenegrin Government regulates in more details types of acts passed by the Government. Thus, the Government passes decrees, decisions, strategies, declarations, resolutions, conclusions and other documents. A decree elaborates the relationship defined by the law, regulates the relations of importance for the exercise of government functions laid down by the Constitution and the law, establishes ministries and other state administration authorities and determines the organization and work of the state administration in accordance with the law. A decision undertakes measures and regulates matters of common interest, defines certain issues and measures within the jurisdiction of the Government and decides on other matters, which are determined to be regulated by a government decision, in accordance with the law or decree. The Government also adopts the Rules of Procedure, which regulates in details its organization and work. A strategy determines the situation in certain areas and measures to be undertaken for its development (for example, the National Security Strategy, Health Development Strategy). A declaration expresses the position of the Government on a specific issue (for example, Declaration on Relations with the United Nations after the Referendum on State-Legal Status). A resolution decides on appointments, nominations and dismissal, as well as other specific issues within the jurisdiction of the Government. A conclusion establishes positions on particular issues of importance for a policy implementation and in situations wherein the Government does not pass other acts. Regulations issued by ministries are as follows: rulebooks, orders and instructions for the enforcement of laws and other regulations. A rulebook elaborates certain provisions of laws and regulations. An order orders or bans proceedings in a certain situation of general significance.
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An instruction lays down the work and the exercise of state administration affairs, as well as local self-government authorities and other legal persons in performing the delegated or entrusted tasks. Ministries cannot establish rights and obligations of natural and legal persons with its regulations.
4.4. OPINIONS AND POSITIONS OF THE GOVERNMENT
Parliament or other authority may ask from the Government to issue an opinion on a proposal for a law, proposal for other regulation or general act. In that case, the proposal for an opinion is prepared by the line ministry; the Government adopts the opinion at the sitting, after which it is referred to the Parliament or other authority.
4.5. PREPARATION OF CONSOLIDATED TEXTS AND PUBLISHING OF GOVERNMENT ACTS
Consolidated texts of the regulations and of other acts established or adopted by the Government are prepared by a ministry or other administrative authority relevant for the issues regulated by those regulations. The Government may empower the Secretariat for Legislation to approve the consolidated text of any of the Government acts. Decrees, decisions, Rules of Procedure, resolutions on appointment, nomination and dismissal, as well as other acts adopted by the Government are published in the Official Gazette of Montenegro. The Secretariat for Legislation is responsible for publishing government regulations and other acts in accordance with the law.
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Guide through the Government of Montenegro
5. Government and Public 5.1. OPENNESS OF WORK OF THE GOVERNMENT
The work of the Government is public. The concept of openness of work of the state authorities implies that the government or administration is open at all levels to the citizens, i.e. to establish direct contact with citizens. The publicity of work of the executive improves the accountability and provides the citizens with the information about the activities of their government. Citizen participation increases government effectiveness and improves the quality of its decisions. Government sessions, in principle, are not open to the general public. In addition, the general public has no right to get an insight into the agenda of government sittings. Besides the government members, also the secretary general and secretary of the Secretariat for Legislation may attend the government sittings, as well as other persons invited to attend therein, but only a part of the debate that refers to the documents for which they are invited to the sitting. The Prime Minister may decide that government members are the only to attend the sitting, which further narrows down the possibility to participate in the work of the sitting.
ď ś Minister talks with citizens
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ď ś Internet portal of Montenegrin Government – www.gov.me
The Rules of Procedure of the Government of Montenegro regulates the issues relating to the openness of the government work. The Government informs the public of its work and its decrees, conclusions and positions taken, as well as of the important issues it considers or will consider. The Government informs the public through public releases, press conferences, interviews, talks with the media representatives or in some other manner. Competent deputy prime ministers and the line minister designated by the Prime Minister are entitled to give statements from the government sittings to the public additionally to the Government Bureau for Public Relations. The foregoing provisions reflect that the level and the method of availability of information depend exclusively on the Government, unless other regulations provided for certain exceptions. Nevertheless, such exceptions relate to the important aspects of the Government work or to the secondary legislation passed by either the Government or individual line ministries, as well as to the appointments and/or nominations of senior managing persons and to other decisions that must be published in the Official Gazette of Montenegro. The activities of the Public Relations Bureaux are related to informing the public of the work of the Government and other state administration authorities, marketing activities aimed to presentation and promotion of the work and projects of the Government and other state administration authorities (via press releases, newsletters, publications and other printed materials, video and audio materials and others), along with monitoring and analysis of ways of informing the media of the work of the Government and other state administration authorities, as well as the coordination with the media, internal communication and taking care of photo and film documentation. The Government publishes the information of its work on its own Internet presentation.
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In addition, the Government is obliged to make its work available to the public, in accordance with the Free Access to Information Law and the Rules of Procedure of the Government.
5.2. OPENNESS OF WORK OF THE STATE ADMINISTRATION
According to the Law on Public Administration the work of the state administration authorities is open to the public. At the same time, the citizens also have access to data, documents, reports and information of the state administration authorities, except in cases determined by the law, when the disclosure of the data would represent a violation of a duty to keep the secret (state, military, official) relating to the protection of security and privacy of citizens. The state administration authorities present the information of their work via technical means, brochures and the media. The state administration authorities are obliged to designate a person to issue reports, information and data on the exercise of affairs from the jurisdiction of the authorities. These persons or civil servants are responsible for the accuracy and timeliness thereof. Acts relating to particular natural and legal persons are available only when there exists a legal interest related to a judicial or other procedure in which a citizen is to exercise his/her rights, obligations and legal interest. Any deprivation or denial of the request of a citizen from an authority to access the act, it must be justified in writing. At the same time, a citizen must be granted the right to file a petition to an authority supervising the work of the state administration authority, which deprived him/her from accessing the information. The state administration authorities are obliged to provide their clients with a book or a box for complaints or other means to facilitate the clients to impart objections and complaints on the work of state administration authorities or an inappropriate attitude of civil servants. A state administration authority is obliged to reply in writing to the complainer within 15 days as of the submission of the complaint, should the citizen require so. State administration authorities are obliged to lawfully and timely act on citizens’ requests filed with the view to exercise their rights and perform their obligations. State administration authorities are obliged to furnish required data, information and explanations to citizens, and offer them professional assistance. The obligation of the state administration authorities to prepare necessary forms and to post the standards of proceeding at a visible place is related to the exercise of citizen rights and obligations. A minister or head of state administration authority is obliged to determine the hours for reception of citizens. The name of the state administration authorities must be indicated on the buildings, in which they are situated. The arrangement of the premises within an authority must be indicated at a convenient location in the respective building, while the name and surname of a civil servant and the description of affairs he/she officiates must be indicated at the entrance of official premises.
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Ministries and administrative authorities, when organizing consultations or other forms of professional treatment of issues from their scope of work, are obliged to announce and enable the media to monitor the work, consultations or other form of professional treatment of an issue. . All the obligations deriving from to the publicity of work of state administration authorities also relate to local self-government authorities and other legal persons when performing delegated or entrusted affairs of state administration.
ď ś Government Press Centre
5.3. PUBLIC DISCUSSION
Public discussion is a very efficient mechanism of involving the citizens, interested authorities, scientific and professional institutions and non-governmental organizations in the process of drafting laws or other acts that are of a special importance for the state. Public discussion enables each participant with a possibility to get actively involved in drafting regulations and developing state policies, and in the comparative practice it represents one of significant institutional forms of citizen participation in the social life. The question of the public discussion is not precisely defined in Montenegro, in terms of having precisely defined situations when the conduct of public discussion is necessary. The Government itself is given to decide if the procedure of passing a certain law or other regulation requires the conduct of the public discussion. In that case, the Government adopts a draft law or other act and defines the agenda for the discussion, authority to conduct the discussion and deadlines for holding thereof, which may not be shorter than 15 days. A minister, under whose ministry a law governing the rights, obligations and legal interests of citizens is prepared, is obliged to publish the text of the draft law in the preparatory phase in the media and to use that opportunity to refer the invitation to all interested stakeholders to submit objections, proposals and suggestions. The minister may also decide that a public discussion is held also during the process of preparation of other pieces of legislation.
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After completing public discussion, the proposer of the law submits to the Government a report from the public discussion additionally to the proposal for a law.
5.4. RIGHT TO FREE ACCESS TO INFORMATION
The adoption of the Law on Free Access to Information is certainly a step forward to increasing the openness of the government authorities to citizens. The Law defines that the access to information in the possession of government authorities is free and that every domestic and foreign legal and natural person has the right to access to information. Access to information is ensured to the persons with disabilities in the manner and form that suits best their needs. The right to access to information includes the right to seek, receive, use and disseminate the information in the possession of state authorities. The authorities are obliged to draw up guides for access to information. These guides, in fact, present an overview of the types of the information in the possession of the state authorities, including also public registers and public records, the data on the procedure for access to information, names of persons authorized to act upon any request for access to information and other data of importance for exercising the right to access to information. The access to information will be restricted if its disclosure would significantly endanger national security and defense or international relations, public safety, commercial and other private or public economic benefits; economic, monetary and foreign exchange policy of the state; prevention and investigation of and proceedings upon criminal matters; privacy and other personal rights of individuals, (except for the purpose of court or administrative proceedings); the procedure of processing and passing official documents. The procedure for access to the information is initiated upon the request of any person requiring such access. The request is submitted in writing, directly, by mail or by e-mail and exempted from any taxes. A request for access to the information should comprise as follows: 1) basic data concerning any required information; 2) form in which such information would be accessible; 3) data on applicant and / or its agent, representative or attorney. Namely, the request need to comprise also a clear indication in which way one would like to exercise access to information, which may be exercised as follows: 1) direct inspection of public records, the original or a copy of the information within the premises of the state authorities; 2) transcribing such information by the person who submitted the request within the premises of the state authorities; 3) transcribing, photocopying or translating such information by any state authority, whereupon such information is to be delivered in the form of a transcript, photocopy or translation to the applicant, directly or by mail or e-mail.
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A state authority acts upon any request for the information by urgent procedure. Any public authority shall pass a resolution on the access to information promptly, or within 8 days at latest from the submission of the request. Any resolution determines the manner and the deadline to access the information, and the costs of the related procedure as well. A complaint may be lodged against any document of a first instance state authority. The complaint is submitted to the authority performing supervision of the first instance state authority. If such an authority does not exist, an administrative dispute may be instituted against such resolution. It is necessary to note that an applicant requesting free access to information is not entitled to ask from the state authority to compose the information, but to ensure access to the existing information in the possession of that authority.
ď ś Prime Minister gives a press release
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6. Government and Parliament 6.1. RELATIONSHIP BETWEEN GOVERNMENT AND PARLIAMENT
According to the Constitution of Montenegro, the relationship between the legislative, executive and judicial branch of power is based on a system of checks and balances. When speaking about the relationship between the Parliament and the Government, it is primarily necessary to emphasize the accountability of the Government to the Parliament for running internal and foreign policy of Montenegro and for the enforcement of laws and other regulations and the work of state administration authorities. There is a series of mechanisms that the Parliament may use to conduct control of the Government, which can be divided into permanent and temporary mechanisms.
ď ś Plenary Hall of the Montenegrin Parliament
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ď ś Detail from the Parliament
6.2. STANDING TOOLS FOR PARLIAMENTARY OVERSIGHT OVER THE EXECUTIVE
Permanent tools for parliamentary oversight over the work of the Government are standing parliamentary working bodies or committees. The committees are established for considering proposals for acts, proposing acts, parliamentary control and performing other tasks within the jurisdiction of the Parliament. Each committee has a chairperson and certain number of members, while the composition of a committee, as a rule, corresponds proportionally to number of MPs that each party has in the Parliament. Parliament has 11 standing committees as follows: 1) Committee for Constitutional Affairs and Legislation; 2) Committee for Political System, Administration of Justice and Government Legislative Committee; 3) Committee for Security and Defence; 4) Committee for International Relations and European Integration; 5) Committee of Economy, Finance and Budget; 6) Committee for Human Rights and Freedoms; 7) Committee for Gender Equality; 8) Committee for Tourism, Agriculture, Ecology and Spatial Planning; 9) Committee of Education, Science, Culture and Sports; 10) Committee for Health, Labour and Social Welfare, and 11) Administrative Committee; The Rules of Procedure regulates everything that falls within the scope of work of each committee.
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6.3. TEMPORARY TOOLS OF PARLIAMENTARY OVERSIGHT OVER THE EXECUTIVE
Temporary tools of parliamentary oversight of the government work are as follows: 1) MPs question and the Prime Minister's hour; 2) Interpellations; 3) Parliamentary hearing, and 4) Parliamentary enquiries.
6.3.1. Parliamentary questions and Prime Minister’s Hour An MP question is the right of an MP to ask the government or line minister a question and to receive an answer, with the goal to gather necessary information on certain questions about the work of government or implement certain policies. Parliamentary questions (MPs questions) are posed at a special sitting of parliament that is held at least once every two months during a regular session. The Speaker of the Parliament convenes this special sitting at least 15 days before the sitting, while this deadline may be even shorter. The quorum is needed for the work of the sitting.
Sitting of the Montenegrin Parliament – MPs questions and Prime Minister’s Hour
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ď ś Prime Minister during PM hours
The first part of the sitting, known as the Prime Minister’s Hour, is dedicated to posing questions to the Prime Minister and his answers to those questions. An MP may pose two questions at most at the same sitting. The question must be submitted in writing to the Speaker, at least 48 hours prior to the sitting, and it must be explained. Prime Minister, minister, or other authorized representative of government answers the MP question orally right after the question is posed or at the end of the same sitting. On the explicit request of an MP who posed the question or an official who answered it, a response to an MP question may be presented in written form. After receiving the answer to an MP question, the MP who posed the question has the right to offer a comment to the answer and ask an additional question. After giving an answer to the additional question, the procedure of answering an MP question is concluded in accordance with the same procedure regulating MP question. Namely, there is no debate or voting on MP questions. The purpose of parliamentary questions is to obtain the information relating to certain issues, which could be possibly used for the questioning of political responsibility of the government in the parliament.
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6.3.2. Interpellation According to the Constitution, the interpellation for debating certain issues related to the work of Government may be submitted by minimum 27 MPs. It is submitted in writing and must be explained. Having received the interpellation, the Speaker of Parliament delivers it to MPs and Government. The Government may consider the interpellation and submit to the Parliament a written report with its opinion and views on interpellation, no later than 30 days from the day of the receipt of the interpellation. After delivery of the Government’s report to parliament, the Speaker of Parliament delivers it to MPs. Therefore, the interpellation is placed on the agenda of the first sitting of Parliament. If the Government does not submit a report, the interpellation is placed on the agenda of the first sitting of Parliament after the expiration of the deadline for submission of the Government’s report. One of MPs submitting the interpellation is entitled to explain it at the parliamentary sitting. On the other side, the Prime Minister or an authorized representative of the Government is entitled to explain the Government’s report on the interpellation, or, if the report has not been submitted, may orally answer the interpellation. The debate on the interpellation may be closed by making a conclusion on issues initiated by the interpellation, although it is not but may also be closed without making a decision. After the debate, a proposal for voting no-confidence in Government may be submitted.
INTERPELLATION (eng. to interpellate or to interpolate - to ask or to protest by asking) The interpellation is a qualified question submitted to a member of government or the entire Government, through which MPs ask for the answers on certain facts, clarification of certain government positions or procedures and similar. Interpellations are similar to the oral parliamentary questions raised during question time. However, while questions tend to be a brief interaction intended to highlight differences between the government and the opposition, interpellations are designed to provoke comprehensive debate on an issue or a particular case of ministerial neglect. In Germany, both written and oral forms of interpellations exist. The latter form termed “major interpellations,” are concerned with matters of general political importance and are intended to bring about a public debate. In contrast, “minor interpellations” seek detailed information on a specific policy issue. Both forms must be signed by a parliamentary group of at least 34 Members. In Indonesia, at least 10 legislators from two party factions are required to file an interpellation. In Belgium, a single legislator may file an interpellation. (Strenthening Legislative Capacity in Legislative - Executive Relations, NDI Washington DC 2000 p. 28)
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ď ś Prime Minister, Deputy Prime Ministers and ministers at a parliamentary sitting
6.3.3. Parliamentary hearings and inquiries
Parliamentary hearings and investigations may be organized in competent committees in order to obtain information or expert opinions on a proposal for an act in parliamentary procedure, to clarify certain solutions from proposed and existing acts, and to clarify certain issues significant for preparing the proposal for the act, as well as for more successful conduct of the oversight function of Parliament, Hearings may be organized as consultative and control hearings. In order to organize consultative hearings committees may, if needed or for a specific time period, engage scientists and experts for specific areas, representatives of state authorities and nongovernmental organizations, who do not have the right to decide. The purpose of these hearings is to obtain necessary information and expert opinions, particularly on proposed solutions and other issues of special interest for the citizens and the public. Likewise, a committee may organize control hearings to which it invites responsible representatives of Government or other state administrative authorities. The goal of control hearings is to clarify certain ambiguities, dilemmas or disputes related to determining and implementing policies and laws or other activities of Government and state administration authorities. and ask them to clarify these issues (hereinafter, control hearing).The committee makes the decision to engage scientific and expert consultants. In order to accomplish its tasks, a committee may form special working groups in which scientific and expert consultants can be engaged.
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The committee chairperson notifies the Speaker and Deputy Speaker of Parliament upon decision for a control hearing and invites, in writing, a person to the hearing, informs him/her about issues that are subject to the hearing. The committee chairperson may also request from him/her to submit his/her opinions and positions in writing, as well. The invited authorized representatives of state authorities are obliged to accept the invitation for the control hearing. During the control hearing, committee members may pose questions to the person invited to the hearing, only in connection with the subject to the hearing. Discussion may also take place if it is necessary to clarify concrete issues. As a rule, the control hearing is recorded phonographically and transcribed into verbatim notes. The committee composes and submits to Parliament a report on the control hearing, which contains the substance of the presentations and may also propose the adoption of an appropriate conclusion or another act. Parliamentary investigation may be opened in order to analyze the situation in a specific area and consider issues of public significance, obtain information and facts on certain occurrences and events related to establishment and implementation of policies and work of the competent authorities in these areas. The parliamentary investigation may serve as the basis for further decision-making in Parliament on political responsibility of public officials or undertaking other procedures within its competences. The Parliament may, at the proposal of minimum 27 Members of Parliament, establish an inquiry committee in order to collect information and facts about the events related to the work of the state authorities. The chair of the inquiry committee is elected from the ranks of the opposition MPs. The Speaker immediately informs the Minister of Justice on the proposal for a parliamentary investigation and establishment of an inquiry committee. In addition, he asks the Minister whether or not there is an ongoing court trial on the same facts/issues that are the subject to the parliamentary inquiry. If the Minister confirms that there is an ongoing court proceeding, the voting on the proposal is postponed until the termination of the court proceeding. If the court proceeding begins after establishing the inquiry committee, the inquiry committee ceases its work until the court proceeding is legally terminated. In order to conduct the parliamentary investigation, the inquiry committee has the right to ask for data, documents and information from state authorities and individual organizations, as well as to take statements from individuals. The contacted authorities, organizations, as well as individuals, are obliged to give true documents, data, information, and statements when approached by the inquiry committee. After completing the parliamentary investigation, the inquiry committee submits to Parliament a report that may include a proposal for appropriate measures or acts within Parliament’s jurisdiction. The inquiry committee ceases its work on the day when Parliament decides on its report or upon the expiration of the deadline for which it was established.
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ď ś Detail from Parliament
6.4. MECHANISMS FOR QUESTIONING POLITICAL RESPONSIBILITY OF GOVERNMENT IN PARLIAMENT
A classical tool for questioning political responsibility of Government in Parliament is a proposal for a no confidence vote in Government. The proposal for a vote of no confidence in Government must contain the reasons for proposing the vote of no confidence. The Speaker of Parliament immediately delivers the proposal to MPs and Prime Minister. The debate on the proposal is opened at the parliamentary sitting. At the beginning of the debate, a representative of the proposer has the right to explain the proposal, and the Prime Minister to give a response. Upon concluding the debate, MPs vote on no-confidence in Government. The voting is open to the public. If Government loses confidence, the Speaker promptly informs the President of the Republic thereof. The Government itself may also initiate a vote of confidence in Parliament, in writing. A procedure for considering and deciding on the question of vote of confidence is the same as in case the proposal is asked by MPs.
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7. Contact information PUBLIC RELATIONS BUREAUX Telephone: +382 20 482 848 E-mail: biro@gov.me Fax: +382 20 482 919 Address: Karađorđeva bb, 81000 Podgorica CABINET OF SECRETARY GENERAL OF THE GOVERNMENT Telephone: +382 20 482 814 Fax: +382 20 224 138 Address: Karađorđeva bb, 81000 Podgorica DEPUTY PRIME MINISTER FOR INTERNATIONAL ECONOMIC COOPERATION, STRUCTURAL REFORMS AND IMPROVING BUSINESS ENVIRONMENT Igor Lukšić, PhD Telephone: +382 20 482 855, E-mail: potpredsjednik.mes@gov.me Fax: +382 20 482 923 DEPUTY PRIME MINISTER FOR POLITICAL SYSTEM, INTERIOR AND FOREIGN POLICY Svetozar Marović Telephone: +382 20 482 821, E-mail: kabinet.potp.polit@gov.me Fax: +382 20 482 925 POTPREDSJEDNIK VLADE ZA EKONOMSKU POLITIKU I FINANSIJSKI SISTEM Professor Vujica Lazović, PhD Telephone: +382 20 242 973 E-mail: ivona.jovanovic@gov.me Media representatives are to submit their requests for accreditation for following the events in the organization of Montenegrin Government to the Public Relations Bureau via telephone: +382 20 482 848 or via e-mail: biro@gov.me. Public Relations Bureau does not issue standing or periodical accreditations, instead it is necessary to submit a new request for accreditation for each individual event.
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Official entrance to building of Montenegrin Government
MINISTRY FOR INFORMATION SOCIETY Telephone: +382 20 241 412, 482 131 Fax: +382 20 241 790 Address: Rimski trg 45 MINISTRY OF ECONOMY Telephone: +382 20 482 119, 482 316 Fax: +382 20 234 027 Address: Rimski trg 46 MINISTRY OF TRANSPORT, MARITIME AFFAIRS AND TELECOMMUNICATIONS Telephone: +382 20 234 179 Fax: +382 20 234 331, 234 342 Address: Rimski trg 46 MINISTRY OF TOURISM Telephone: +382 20 482 145 Fax: +382 20 234 168 Address: Rimski trg 46
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MINISTRY OF SPATIAL PLANNING AND ENVIRONMENTAL PROTECTION Telephone: +382 20 482 112, 482 113 Fax: +382 20 234 131 Address: Rimski trg 46 MINISTRY OF FINANCE Telephone: +382 20 242 835, 224 581 Fax: +382 20 224 450 Address: Stanka Dragojevića 2 MINISTRY OF FOREIGN AFFAIRS Telephone: +382 20 482 790, 201 551 Fax: +382 20 224 670 Address: Stanka Dragojevića 2 MINISTRY OF CULTURE Telephone: +382 20 231 540 Fax: +382 20 231 547 Address: Vuka Karadžića 3 MINISTRY OF DEFENSE Telephone: +382 20 483 106, 224 627 Fax: +382 20 224 702 Address: Jovana Tomaševića 29 MINISTRY OF AGRICULTURE, FORESTRY AND WATER MANAGEMENT Telephone: +382 20 482 109 Fax: +382 20 234 306 Address: Rimski trg 46 MINISTRY OF JUSTICE Telephone: +382 20 407 501 Fax: +382 20 407 515 Address: Vuka Karadžića 3 MINISTRY OF EDUCATION AND SCIENCES Telephone: +382 20 410 100 Fax: +382 20 410 101 Address: Vaka Đurovića bb MINISTRY OF LABOR AND SOCIAL WELFARE Telephone: +382 20 482 148, 482 443 Fax: +382 20 234 227 Address: Rimski trg 46 MINISTRY OF INTERIOR AND PUBLIC ADMINISTRATION Telephone: +382 20 242 229, 241 590 Fax: +382 20 246 779 Address: Bulevar Svetog Petra Cetinjskog 22
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MINISTRY FOR HUMAN AND MINORITY RIGHTS Telephone: + 382 20 482 129, 482 127 Fax: + 382 20 234 198 Address: Rimski trg bb MINISTRY FOR EUROPEAN INTEGRATION Telephone: +382 20 225 568 Fax: +382 20 225 591 Address: Stanka Dragojevića 2 MINISTRY OF HEALTH Telephone: +382 20 242 276, 482 133 Fax: +382 20 242 762 Address: Rimski trg 46 Citizens may pose a question to the Prime Minister, Deputy Prime Ministers, Ministers, as well as the Secretary General of Montenegrin Government and Public Relations Bureau via filling in an online form on the official web portal of Montenegrin Government (www.gov.me/kontakt).
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8. About CDT Center for Democratic Transition (CDT) is an NGO that works to establish political and other conditions for building a civic society, knowledge society and society of equal chances through promotion of democratic values and traditions.
ď ś CDT
CDT offers support to state institutions in their efforts to achieve democratic standards and connect with citizens with the aim to create a system in which the state is citizen service and a transparency of institutions and full respect for the law are of essential importance.
CDT Assembly is the highest body of the Center composed of all CDT members, and it meets once a year. The Assembly adopts an annual report on the CDT work and elects members of CDT Managing and Supervisory Board. Managing Board appoints the Executive Board. CDT network has been developed over the last 10 years. In our practice, Montenegro is divided into 4 regions managed by regional coordinators. Each municipality has its own municipal coordinator. Currently, our network comprises about 5 000 people who are registered in our database. Ongoing CDT programs and projects, and emerging activities are divided into three following policy areas: 1. Representative Democracy - includes CDT projects and activities related to the election processes and aims to improve the electoral system and achieve democratic standards of transparency, representation, pluralism, accountability and citizen participation. 2. Good Governance – includes CDT activities aimed at achieving standards of good governance in state institutions through increasing transparency and efficiency of their work and better cooperation and communication with citizens and civil society.
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Web page of the Center for Democratic Transition – www.cdtmn.org
3. Civil Society – includes CDT activities aimed at training and organizing the civil society and promoting activism and cooperation among citizens and non-governmental organizations. Besides basic policy areas, our projects are supported by the Research Centre and Publishing Department. CDT’s headquarters is in Podgorica.
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9. Sources and literature
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Zapisnici sjedinca Vlade Narodne Republike Crne Gore 1945-1951 (The minutes from the sitting of the Government of National Republic of Montenegro), J:R: Bojović, ed. Podgorica 1994 Nacija s greškom (Nation at Fault), Ž.M. Andrijašević, Cetinje 2004 Istorija Crne Gore od najstarijih vremena do 2003 (History of Montenegro from the earliest times until 2003), Ž.M. Andrijašević Podgorica 2006 Crnogorski zakonici 1796-1916 (Montenegrin Codes), II, Pravni izvori i politički akti od značaja za istoriju državnosti Crne Gore, zbornik dokumenata (Legal Sources and Political Acts of Importance for History of Montenegrin Statehood, Collection of Documents), eds. B. Pavićević, R. Raspopović, Podgorica 1998. Cetinje kroz vrijeme – fragmenti (Cetinje through Times - fragments), K. Čakić, T. Jović, A. Berkuljan, Cetinje 2005 Memoari (Memoirs) Niko Hajduković, ed. S. Burzanović, Podgorica 2000 Narodna vlast u Crnoj Gori (Peoples’ Government in Montenegro) Z. Lakić, Beograd 1981. Arhitektura XX vijeka (Architecture of the 20th century) Z. Manević, Ž. Domljan, N. Šumi, I. Štraus, G. Konstatinovski, B. Milić, Beograd-Zagreb-Mostar 1986 Monografija Crne Gore (Monograph of Montenegro), Beograd 1976 Petar Lubarda 1907-1974, O. Perović, Beograd 2004 Crna Gora na osvitku XX vijeka (Montenegro at the Outset of the 20th Century) P. N. Škerović, Beograd 1964 Ustav Crne Gore (The Constitution of Montenegro) Poslovnik Vlade Crne Gore (The Rules of Procedure of the Government of Montenegro) Poslovnik Skupštine Crne Gore (The Rules of Procedure of the Parliament of Montenegro) Vodič kroz Vladu Republike Crne Gore (Guide through the Government of Montenegro) D. Koprivica, M. Kovačević, M. Jovanović, Podgorica 2007 Parlamentarni vodič (Parliamentary Guide) D. Koprivica, M. Kovačević, M. Jovanović, Podgorica 2006. Ustavno pravo (Constitutional Law) R. Marković Vodič kroz Zakon o slobodnom pristupu informacijama sa obrascima za praktičnu primjenu (Guide through Free Access to Information Law with forms for practical use) M. Bošković, Z. Pažin, Podgorica 2006. Zakon o državnoj upravi (Law on State Administration), Sl. list RCG, br. 38/03 i Sl. list CG, br. 22/08 Zakon o državnim službenicima i namještenicima (Law on Civil Servants and Employees), Sl. list CG, br. 50/08 i 86/09 Uredba o organizaciji i načinu rada državne uprave (Decree on Organization and Work of State Administration Authorities), Sl. list CG, br. 59/09 i 15/10
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Guide through the Government of Montenegro
Black panther, painted by Petar Lubarda, varnish on hardboard, 68, 104 x 122 cm, Government of Montenegro
Foto arhiva Vlade Crne Gore (Photo Archive of the Montenegrin Government Website of the Montenegrin Government, www.gov.me Website of the Montenegrin Parliament, www.skupstina.me CDT Website, www.cdtmn.org NDI Website, www.ndicrnagora.org Website, www.slobodanpristup.com
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CIP – Каталогизација у публикацији Централна народна библиотека Црне Горе, Цетиње 342.51(497.16)(036) ČABARKAPA, Milana Guide through the Government of Montenegro / [authors Milana Čabarkapa and Tatjana Koprivica ; translation Ana Kovačević-Kadović]. Podgorica : Center for Democratic Transition (CDT), 2010 (Podgorica : AP Print). - 72 str. : fotogr. ; 24 cm Tiraž 850. - Bibliografija: str. 70. ISBN 978-86-908199-9-7 1. Gl. stv. nasl. а) Влада Црне Горе - Водичи COBISS.CG-ID 16583440