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    GUIDE THROUGHTHE GOVERNMENTOF MONTENEGRO

    Podgorica, 2010

  • Impressum

    Publication

    Guide through the Government of Montenegro

    Publisher

    Center for Democratic Transition (CDT)Address: VII Omladinske bb, 81000 Podgorica, MontenegroTel: +382 20 207 070, 207 071Fax: +382 20 207 072E-mail: [email protected]

    For publisher

    Dragan Koprivica

    Editors

    Dragan Koprivica and Milica Kovaevi

    Authors

    Milana abarkapa and Tatjana Koprivica

    Translation

    Ana Kovaevi-Kadovi

    Layout and graphic design

    Blao Crvenica

    Printing house

    AP Print, Podgorica

    Circulation

    850 copies

    Center for Democratic Transition (CDT)

    Guide through the Government of Montenegro

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  • 1. PREFACE ......................................................................................................................4

    2. HISTORY ......................................................................................................................6

    2.1. Montenegrin Governments before 1905 ................................................................62.2. Montenegrin Governments in the period 1905 - 1916 ..........................................82.3. Montenegrin Governments in exile in the period 1916 - 1922 ............................112.4. Restoration of Montenegrin statehood in the period 1941 - 1945 ......................132.5. Montenegrin Government in the period 1945 - 1989 ..........................................142.6. Montenegrin Government in the period 1989 - 2010 ..........................................162.7. Prime Ministers of Montenegrin Governments before 1945 ................................192.8. Prime Ministers of Montenegrin Governments in the period 1945 - 2010 ..........20

    3. ORGANIZATION OF MONTENEGRIN GOVERNMENT ............................................22

    3.1. Constitution on Government ................................................................................223.2. Prime Minister, Chief Cabinet, Ministers and Secretary General ........................243.3. Working Bodies of the Government ....................................................................283.4. Advisory Bodies of the Government ....................................................................323.5. Work Plan of the Government..............................................................................323.6. State Administration Authorities............................................................................34

    4. LEGISLATIVE ACTIVITY ............................................................................................40

    4.1. Preparation of Acts and other Documents ..........................................................404.2. Government Sitting ..............................................................................................454.3. Acts of the Government and Ministries ................................................................484.4. Opinions and Positions of the Government ........................................................494.5. Preparation of Consolidated Texts and Publishing of Government Acts..............49

    5. GOVERNMENT AND PUBLIC ....................................................................................50

    5.1. Openness of Work of the Government ................................................................505.2. Openness of Work of the State Administration ....................................................525.3. Public Discussion ................................................................................................535.4. Right to Free Access to Information ....................................................................54

    6. GOVERNMENT AND PARLIAMENT ..........................................................................56

    6.1. Relationship between Government and Parliament ............................................566.2. Standing Tools for Parliamentary Oversight over the Executive ..........................576.3. Temporary Tools of Parliamentary Oversight over the Executive ........................58

    6.3.1. Parliamentary Questions and Prime Ministers Hour ................................586.3.2. Interpellation ..............................................................................................606.3.3. 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

    Table of contentsGuide through the Government of Montenegro

    Center for Democratic Transition (CDT) 3

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    1. Preface

    Dear reader,

    We would like to present you the third edition of the Guide through theGovernment of Montenegro. This Guide is prepared and published within theOpen Government program, which has been implemented by the Center forDemocratic Transition in cooperation with the General Secretariat of theGovernment of Montenegro and financial support of the Royal NetherlandsEmbassy and the Balkan Fund for Democracy (BFD). The Open Governmentprogram is aimed to increasing transparency of work of the Government andimproving its communication with citizens.

    The purpose of the Guide through the Government of Montenegro is to providethe public-at-large with the most important information on the organization andfunctioning of the Government and state administration, its legislative activitiesand historical background of Montenegrin governments. In addition, we wantedto improve communication between the citizens on one side and the executiveand administrative authority on the other side, by publishing the information onthe modes of cooperation between the Government and state administration withprofessional and general public.

    We believe this publication is not only of use to the Montenegrin citizens but alsoto all state authorities, which can find this guide as a useful tool to present them-selves to their co-workers and guests.

    We would like to express our heartfelt gratitude to all those who, directly or indi-rectly, helped us to publish this edition of the Guide through Government. Weowe special thanks to the employees of the Public Relations Bureau and theCabinet of the Secretary General for the support and suggestions in the processof developing this publication.

    We remain open to all your suggestions and proposals aimed at further improv-ing this publication.

    Respectfully,

    CDT

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    Building of Montenegrin Government

  • 2.1. MONTENEGRIN GOVERNMENTS BEFORE 1905

    The Administrative Court of Montenegro and Highlands (Praviteljstvo suda crnogorskogi brdskog) also known as Kuluk represented the earliest beginnings of the firstMontenegrin Government. This institution was established on 18 October 1798 duringthe reign of Petar I Petrovi Njego1 (1784-1830). It was established at the same time asthe first Montenegrin Legal Code at the general convention of Montenegrins, or councilof clan-chiefs,2 held in Stanjevii. The Court had judicial competences additionally to theadministrative ones.

    In an attempt to unite Montenegro and Boka at the assembly of their representatives heldin Dobrota in late October 1813, a provisional government, called Central Commission,was formed. It consisted of 9 representatives from Montenegro and Boka each. TheCommission was chaired by Petar I Petrovi Njego. The organization and the work ofthe Commission were regulated by the rules containing 22 articles. At the Congress ofVienna in 1815, the European Great Powers handed over Boka to Austria so that theunion of Montenegro and Boka and the existence of the Central Commission becamemeaningless.

    After the death of Petar I (1830), a cumbersome and inefficient body, the AdministrativeCourt of Montenegro and Highlands, which consisted of 50 judges (inonaelnikov) wastransformed into a smaller and more efficient Supreme Administrative Senate ofMontenegro and Highlands (Praviteljstvujui senat crnogorski i brdski). The Prince-Bishop Petar II Petrovi Njego (1830-1851) appointed about 12 to 16 representativesfrom the strongest tribes and clans to this authority. Ivan Vukoti was the first chair -person of the Senate. This body had its executive authorities, the Guard (Gvardija) andthe elite division of personal bodyguards (Perjanici).

    During the reign of Prince Danilo (1851-1860), the Senate remained a central adminis-trative authority in the country. ThePrince raised the reputation of thisinstitution, which was absolutelysubordinated to him. In an attemptto break the separatism of thetribes, Danilo Petrovi introducednew people to the Senate, guidedprimarily by their loyalty.

    Daily Crnogorca, 10 March 1879

    2. History

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    1 Translators note: Petar I Petrovi Njego (St. Peter of Cetinje) was the ruler of Montenegro and the bishop of the SerbOrthodox Church from 1747 to 1830. He was the most popular spiritual and military leader of the Petrovi Dynasty.

    2 The Chief was the head of the clan.

  • During the long reign of Nikola I Petrovi Njego (1860-1921), the institutions of thepower were transformed several times. In 1874, the Senate was reorganized withinwhich were established so-called administrations, which were a form of simple min-

    istries: for inter-nal affairs, mili-tary affairs, fi -na nce and thePrince's officefor foreign affa -irs. The 1879reform separat-ed the judicialand ad mini -strative power,at the highestin sta nce, byabolition of theSe nate andesta blishmentof the Ministryand the GreatCourt. The ne -wly establishedinstitution ofthe Ministry re -presented, infact, a govern-ment, while its6 departmentswere trans fo r -m ed into: theMinistry of Mili -tary Affairs, theMinistry of Fo -reign Affairs,the Ministry ofJustice, the Mi -nistry of Edu -ca tion and Ec -c l e s i a s t i c a lAffa irs, the Mi -ni stry of Inter -nal Affairs andthe Ministry ofFinance andBu ildings. Allme mbers ofthe govern-ment were also

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    THE LAW ON PRINCIPALITYGOVERNMENT AND STATE COUNCIL, 1902.

    The 6/19 December 1902 reform in Montenegro introduced the reorganizationof the state apparatus by the adoption of a package of legislation including theLaw on Principality Government and State Council, Law on Clerks of CivilOrder, Law on Judicial Power, Law on the Court System in Montenegro, Lawon Civic and Judicial Authority and Law on Criminal and Judicial Authority.

    THE LAW ON PRINCIPALITY GOVERNMENT

    AND STATE COUNCIL, 1902

    WEhereby

    NIKOLA IBy the Grace of God

    Prince and Sovereign of MontenegroAt the proposal of Our State Council

    Decided to proclaim and thus We hereby proclaim

    THE BASIC STATE LAWON

    PRINCIPALITY GOVERNMENT AND STATE COUNCIL

    PART I

    PRINCIPALITY GOVERNMENT

    Article 1

    Principality Government shall administer all the state affairs on the basis oflegal orders approved by the Prince and Sovereign.

    Principality Government, through its work and legal and strong rule over its sub-ordinated authorities shall protect and celebrate the honour and reputation of theRuler and further develop order, welfare and general progress of the country.

    Article 2

    The state administration shall be divided into several ministries led by minis-ters in order to increase work efficiency.

    Prince and Sovereign, according to His own conscious shall appoint and dis-solve ministers.

    On behalf of the Prince and Sovereign, they shall administer the entrusted affairsand respond to the Prince and Sovereign for any failures to comply with the law.

    ***

    Montenegrin Legal Codes 1796-1916, II, Legal Sources and Political Acts ofImportance for the History of the Montenegrin Statehood, collection of docu-ments, eds. B. Pavievi, R.Raspopovi, Podgorica 1998

  • 2.2. MONTENEGRIN GOVERNMENTS IN THE PERIOD 1905 - 1916

    A special chapter in the history of Montenegrin governments started in 1905 with theintroduction of the Constitution, i.e. parliamentarianism. Lazar . Mijukovi(06.12.1905 - 11.11.1906) was the Prime Minister of the first constitutional govern-ment and the Minister of Foreign Affairs at the same time. In Montenegrin govern-

    the members of the State Cou ncil, the in stitution, which served as both the supreme le -gislative body and the supreme state supervisory authority. Even the Ministry was sub-ordinated to the State Council. In a long period from 08 March 1879 to 06 December1905, there were almost no personnel changes among the members of the Government.During this whole period, a cousin of Prince Nikola, the Duke Boo Petrovi, who wasalso the President of the State Council presided over the Ministry.

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    THE BILJARDA IN CETINJEWas constructed by Petar II Petrovi Njego in 1838. The Biljarda was Njegos residency and,at the same time, it housed the institutions of the state power (as they were previously locatedin the Cetinje Monastery)

    Lieutenant-Colonel Jacob Ozereckovski drafted a project idea for the Biljarda. The buildingcomprised the basement and the first floor (25 departments of which 11 were located in thebasement and 14 on the first floor).

    The Biljarda was named by Njegos billiard table.

    ARCHITECTURE OF BUILDINGS IN WHICH MONTENEGRIN GOVERNMENT WAS HOUSED

    Cetinje, the 20th Century - 2nd half

  • ments this department was often reserved for Prime Ministers. After that, in a relative-ly short period, one government of Klubai (members of the People's Party) was suc-ceeded by another one, headed by Marko Radulovi (11.11.1906 - 19.01.1907) andAndrija Radovi (19.01.1907 - 04.04.1907) respectively. During the next five years,Montenegrin sovereign Nikola I entrusted the government to a political group calledPravai (members of the True People's Party) and the position of the Prime Ministerto Dr Lazar Tomanovi. 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). Atthe time of the Balkan wars (1912-1913), a cabinet of the True People's Party was inpower with General Mitar Martinovi 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 thathe was represented by Duan Vukoti, Minister of Finance, while he was absent.Because he disagreed with the leaving Schodra (Skadar) in April 1913, thisGovernment resigned, and the new cabinet was nominated by Brigadier JankoVukoti. 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 Vukoti wasengaged on the battlefield, he was represented by ministers Risto Popovi and MirkoMijukovi. Just before the military collapse of Montenegro during the World War I,the government headed by Lazar . Mijukovi was formed (20.12.1915 -29.04.1916).

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    Lazar Tomanovis Government

    Decree based on whichthe Prince Nikola Iappointed ministers in1905

  • THE GOVERNMENT BUILDING IN CETINJE

    The Italian architect Cesare Augusto Koradini constructed the Government Building in Cetinje(Vladin Dom). The President of the State Council Marko ukanovi served as a supervisor of con-struction works. The foundation stone was laid on 7 June 1909, and the opening celebration tookplace on 15 August 1910 when Montenegro was proclaimed a Kingdom. The GovernmentBuilding 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 edi-fice in Montenegro to be made of reinforced concrete. Craftsmen from abroad constructed it ina neo-Baroque style.

    There is a large clock on thefront side, and, be side it,there are figures of a man(Day) and a woman (Night),following the example ofMiche langelos Tomb of theMedici in Flo rence. Under theclock, there are figures of theGoddesses Flora andMinerva.

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    Detail from the open-ing ceremony of theGovernment Building

    Construction of Government Building

    ARCHITECTURE OF BUILDINGS IN WHICH MONTENEGRIN GOVERNMENT WAS HOUSED

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    OBLIGATIONS, PROCEDURES...

    Ministers were appointed and dissolved by the sovereign. Ministers were held accountable for their workto 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 belongedto an outstanding class of senior officers.

    The king and the sovereign may at any time convene the Ministerial Council to the sitting andin that case he presides over the Council, in other cases president of the Ministerial Council is thepresiding officer.

    In the absence of ministers, they are represented by other ministers or senior ministerial officersdesignated by the King.

    Minister of Justice was, at the same time, the Keeper of the State Seal, who, in the name of theKing, approved the laws with the following words: I, the Keeper of the State Seal, Minister ofJustice 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 anygift, 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 dis-close his/her kinship and friendship ties (ties based on marriage) additionally to basic personalinformation, 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 LazarMijukovi also left with him. Three ministers and Major General Janko Vukoti, the chiefof the Supreme Command, stayed in the country. In exile, in France, new governmentwas formed by Andrija Radovi (29.04.1916 - 04.01.1917). As King Nikola refused torenounce the throne and to annex Montenegro to Serbia, Andrija Radovi resigned. Aftera short-term government headed by General Milo Matanovi (04.01.1917 - 29.05.1917),a government headed by Evgenije Popovi was formed by the Decree of King Nikola from29.05.1917. Popovi was a former long-time Montenegrin consul general in Rome, whileother ministers were less significant officials. This government advocated thatMontenegro should preserve its statehood, and in case of Yugoslav unification that itshould join the new union as its equal member. Popovi was replaced as the PrimeMinister by Jovan Plamenac, who was appointed Prime Minister by a Decree issued byKing Nikola on 4 (17) February 1919. Apart from Plamenac, the then government includ-

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    ed also the ministers Pero Vukovi, Milutin Vuini, Milo Vujovi and Pero o. In late1920 and in early 1921, international position of this government worsened. TheGovernments of France, Great Britain and the USA terminated the relations with theMontenegrin government, while King Nikola died in March 1921. The Plamenac's govern-ment resigned on 20.06.1921. By the decree of Queen Milena dated 28.06.1921, MajorGeneral Milutin Vuini was appointed Prime Minister. When Vuini died in August 1922,Jovan Plamenac declared himself Prime Minister on 16 September 1922 refusing to rec-ognize Queen Milena as regent. By the decree dated 23 September 1922, Queen Milenaappointed Dr. Anto Gvozdenovi Prime Minister and this was the beginning of two con-flicting governments. Formally, these governments were not recognized by anyone.

    In the period when Montenegro was a part of the Kingdom of Serbs, Croats andSlovenes SCS (1918-1929) and the Kingdom of Yugoslavia (1929-1941), the par-ticipation 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 ministeri-al mandates, there were only five ministers from Montenegro.

    COMPOSITION OF GOVERNMENT OF EVGENIJE POPOVI

    29 May 1917

    It took time to select a personality that would be convenient to the composer a new political representativegovernment. Proposals for various combinations were brought into play. The King asked foreign MPs whowere accredited by His Majesty and his government for the opinion about the former Minister of Interior PetarPlamenac. It seems that the Kings choice was greeted with disapproval by MPs. Duan Gregovi, who wasalso 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 Vojinovi, the former Minister of Justice. He apolo-gized for not being able to accept the offer due to his membership in the Yugoslav Committee.

    Finally, the King chose Evgenije Popovi, consul general in Rome, whom was not the subject toany objections by allied MPs.

    The sovereign accepted the resignation from the position of the Prime Minister of the brigadier Matanoviand offered the mandate to Evgenije Popovi to form the new government. Popovi was cautious whenselecting colleagues for the cabinet. He consulted many people, carefully listened to their opinions onpotential candidates, on the future directions of work of the new government, evaluated characteristicsand 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 theSovereign for consideration and approval. The listed contained two candidates more than neces-sary. The King removed two names from the list, the than member of the Main State Control DrIvo Jovievi, and the director of the bank iro Kamenarovi, while he switched portfolios to theother two candidates finance and interior.

    The Decree on Appointment of the New Government was edited at the Court wherein the membersof 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 andPeoples Party. Popovi and Vujovi were conservatives while Milievi and myself belonged todemocratic peopless party.

    Niko Hajdukovi, Memoari, editor, S. Burzanovi, 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 1941-1945. On 15 November 1943, in Kolain, the State Anti-Fascist Council of NationalLiberation of Montenegro and Boka (ZAVNO3) was established as a specific parti-sans4 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 NikoMiljani, and three Vice-Presidents: Boo Ljumovi, Jovan etkovi and PetarTomanovi.

    At the third session of ZAVNO held in Kolain from 13 to 15 July 1944, ZAVNO trans-formed into Montenegrin Anti-fascist Assembly of National Liberation (CASNO). Atthis session, a decision was made that Montenegro would join the DemocraticFederal Yugoslavia as a full member. The Presidency composed of 17 members waselected, headed by the President, Dr. Niko Miljani, and three Vice-Presidents: BooLjumovi, Jovan etkovi and Petar Tomanovi. The Presidency was, in fact, theGovernment with departments and commissions, which served as portfolios of theexecutive power. Eleven departments were formed: for interior affairs, education,national economy, national health, economic revival, social policy, justice, food, build-ings, forests and ores and information.

    Political and military leaders at the CASNO sitting in 1945

    3 Translators note: ZAVNO was the sitting of the Anti-Fascist Council of National Liberation with representativesfrom throughout Yugoslavia

    4 Translators Note: Partisans (Partizani) or the People's Liberation Army and Partisan Detachments of Yugoslavia (Na -ro dnooslobodilaka vojska - NOV i partizanski odredi Jugoslavije - POJ) were a communist-led World War II guerrillaforce in Yugoslavia. The Partisans were the military arm of the People's Liberation Front (JNOF) coalition, led by theCommunist Party of Yugoslavia (KPJ) and represented by the AVNOJ, the Yugoslav wartime deliberative assembly.

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    BUILDING OF THE ZETSKA BANOVINA IN CETINJEThis building was designed by the Russian architect Nikola Krasnov in 1932. The fourth sittingof the Montenegrin Anti-Fascist Parliament of National Liberation (CASNO) was held in thesolemn 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.

    ARCHITECTURE OF BUILDINGS IN WHICH MONTENEGRIN GOVERNMENT WAS HOUSED

    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 ofthe Presidency of the Montenegrin National Assembly on 17 April 1945. Blao Jovanoviwas the Prime Minister and Petar Komneni was the Deputy Prime Minister of thisGovernment. This Government had 9 ministries: interior affairs (Radonja Golubovi), jus-tice (Jefto Pavi), education (Punia Perovi), finance (Gojko Garevi), trade (VeljkoZekovi), agriculture and forestry (Jovan etkovi), industry and mining (VladoLazarevi), health and social policy (Mihailo Vickovi) and buildings (Petar Tomanovi).

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    A specific model of socialism called self-management was developed in Yugoslavia in1950s. During numerous reforms from 1953 to 1974, the state administration was modi-fied and consequently the institution of the Government as well. As of 1953, the ExecutiveCouncil was the official name of the government. Instead of the ministries, state secretari-ats and secretariats of the Executive Council, as well as other autonomous administrativeauthorities were formed for specific areas. Ministers hold a title of republican secretaries.

    In Socialist Federal Republic of Yugoslavia, Montenegro was also significantly rep-resented during the formation of the federal government.

    Daily Pobjeda, 22 April 1945

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    2.6. MONTENEGRIN GOVERNMENT IN THE PERIOD 1989 - 2010

    After the change of the ruling power in January 1989, Radoje Konti was electedPrime Minister of Montenegro. At the first multiparty elections in Montenegro held inDecember 1990, the Union of Communists of Montenegro won (which very soonchanged its name to the Democratic Party of Socialists), and Milo ukanovi waselected Prime Minister on 15 February 1991. He served three terms as PrimeMinister successively, until 19 October 1997 when he won at direct elections for thePresident of the Republic of Montenegro. In February 1998, Filip Vujanovi waselected Prime Minister. After the parliamentary elections in October 2002, Miloukanovi was elected Prime Minister.

    BUILDING OF THE EXECUTIVE COUNCIL OFTHE REPUBLIC OF MONTENEGRO IN PODGORICAThe building of the Executive Council of the Republic of Montenegro was designed by the archi-tect Ivan Zdravkovi. The building was completed in 1954.

    The building was built under the influence of the architecture of socialist realism.

    ARCHITECTURE OF BUILDINGS IN WHICH MONTENEGRIN GOVERNMENT WAS HOUSED

    Building of the Executive Council of the Republic of Montenegro in Podgorica

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    After the restoration of the Montenegrin independence at the referendum held on 21May 2006 and after the parliamentary elections held in September 2006, eljko tu-ranovi was elected Prime Minister on 10 November 2006. He served as the PrimeMinister until 29 February 2008, when Milo ukanovi was elected Prime Minister.

    The first Montenegrin Government after the restoration of the independence

    WOMEN AND GOVERNMENTS

    Since the election of the first Government of the National Republic of Montenegro in April1945, not a single woman has been elected Prime Minister. In 1953, the official name of thegovernment was the Executive Council and at that time ministers hold title of national secre-taries. Vukosava Miunovi and Olga Perovi were elected national secretaries.

    In March 1994, Ana Miurovi was elected Minister of Environment Protection; in 1997,Branka Lijeevi was elected Minister of Culture; in 2002, Slavica Milai was electedMinister for Foreign Economic Relations and European Integration. Dr Gordana urovi hascarried out the same function since 2004. Dr Vesna Kilibarda was Minister of Culture andMedia in the period from 2002 to 2006.

    Gordana Djurovi, PhD, Minister of the European Integration is the only woman in the currentGovernment of Montenegro (since 10 June 2009). From November 2006 to June 2009, sheserved as Deputy Prime Minister for European Integration.

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    BUILDINGS OF MONTENEGRINGOVERNMENT IN PODGORICAThe building which was the seat of the Montenegrin Government until February 2010 wasdesigned by the architect Radosav Zekovi.

    The works on the building were completed in 1979. At the time when it was built, it was intend-ed to be the seat of social-political organizations of Montenegro.

    The building comprises two floors and three ground floor sections, whereby one of them servesas a hall of 500 seats.

    The new building of Montenegrin Government was put into function on 15 February 2010.

    The architect mr Mladen urovi designed the project thereof. The Building covers the area of4 450 m2.

    ARCHITECTURE OF BUILDINGS IN WHICH MONTENEGRIN GOVERNMENT WAS HOUSED

    Building of Montenegrin Government in Jovana Tomaevia Street in Podgorica

    Building of Montenegrin Government in Karaoreva Street in Podgorica

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    2.7. PRIME MINISTERS OF MONTENEGRIN GOVERNMENTS BEFORE 1945

    BooPetrovi

    LazarMijukovi

    AndrijaRadovi

    MarkoRadulovi

    LazarTomanovi

    MitarMartinovi

    JankoVukoti

    MiloMatanovi

    EvgenijePopovi

    JovanPlamenac

    MIlutinVuini

    AntoGvozdenovi

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    2.8. PRIME MINISTERS OF MONTENEGRIN GOVERNMENTSIN THE PERIOD 1945 - 2010

    BlaoJovanovi

    (4 February 1945 16 December 1953)

    FilipBajkovi

    (16 December 1953 12 July 1962)

    okoPajkovi

    (12 July 1962 25 June 1963)

    Veselinuranovi

    (25. June 1963 8 December 1966)

    Mijukoibali

    (8 December 1966 5 May 1967)

    Vidojearkovi

    (5 May 1967 7 October 1969)

    arkoBulaji

    (7 October 1969 6 May 1974)

    MarkoOrlandi

    (6 May 1974 28 April 1978)

    MomiloCemovi

    (28 April 1978 7 May 1982)

    RadivojeBrajovi

    (7 May 1982 6 June 1986)

    VukoVukadinovi

    (6 June 1986 29 March 1989)

    RadojeKonti

    (29 March 1989 15 February 1991)

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    Miloukanovi

    (15 February 1991 5 February 1998)(8 January 2003 10 November 2006)(29 February 2008 - )

    FilipVujanovi

    (5 February 1998 8 January 2003)

    eljkoturanovi

    (10 November 2006 29 February 2008)

    INTERESTING FACTS

    In the period 1879-1916, eight Presidents of the Ministerial Council and Prime Ministerschanged and 14 cabinets were formed.

    Blao Petrovi served as Prime Minister for the longest period of time from 1879 to 1905(26 years).

    Milo ukanovi was the Prime Minister who won the bigest number of mandates five in total.

    The shortest government was the one led by Andrija Radovi (19.1.1907-4.04. 1907) 75 days.

    Three-member Government of Andrija Radovi (19.1.1907-4.04. 1907) comprised only threemembers including Andrija Radovi who served as Prime Minister, Minister of Foreign AffairsMinister of Military and Minister of Finance, Mihailo Ivanovi who was Minister of Interior andGavrilo Cerovi Minister of Justice and education.

    Ilija Plamenac was the minister with the longest term of office. He was appionted minister inMarch 1979, and he performed this duty until 1905 (26 years). There is a well-known proverbin Montenegro: everything could be changed but the Gods 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.

    5 Translators note: Perper was the currency used in Montenegro from the period 1906 to 1918.

  • 3.1. CONSTITUTION ON GOVERNMENT

    The principle of division of power in constitutional and legal practice is a key princi-ple and cornerstone of the organization of the state power and relation between threebranches of power (legislative, executive and judicial). In accordance with the afore-said principle, the Constitution of Montenegro adopted in 2007 established the sys-tem of division of power into legislative, executive and judicial power, whereas thelegislative power is exercised by the Parliament, the executive power by theGovernment and the judicial power is exercised by the courts. It is also laid down thatMontenegro is represented by the President of Montenegro, while the ConstitutionalCourt is in charge of protecting constitutionality and legality.

    The basic function of the Government, as the holder of the executive power inMontenegro, is to implement laws adopted by the Parliament of Montenegro that areinterpreted by the courts while performing tasks from jurisdiction thereof. Thus, it isimportant to emphasize that by its composition, it is a non-MP government, meaningthat the Prime Minister and members of government may not exercise an MP func-tion or another public function or professionally perform other activities. Among otherthings, this principle contributes to independent and non-partisan decision making,which is extremely important not only for the democratization of government and soci-ety in general, but also for the protection of citizens rights.

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    3. Organization ofMontenegrin Government

    Detail from entrance to building of Montenegrin Government

  • The Government is organized hierarchically for the tasks within its jurisdiction requirehigh level of efficiency, prompt reaction and clear accountability.

    The Government is composed of Prime Minister, one or more Deputy Prime Ministersand the Ministers. Prime Minister and members of government as well as Membersof Parliament enjoy immunity, which means that they cannot be called to criminal orother account or detained because of the expressed opinion or vote while performingtheir duties. The Prime Minister represents the Government and manages the workof the Government.

    The Government is elected in the manner that the President of Montenegro, within 30days from the day of constitution of the Parliament, proposes the candidate for thePrime Minister to the Parliament. After that, the PM candidate for composition of gov-ernment exposes its program in Parliament and proposes the composition of theGovernment. The Parliament simultaneously decides by majority vote of all MPs onthe program of the PM candidate and the proposal for the composition of theGovernment.

    As already mentioned, the basic competence of the Government is related to theenforcement of laws, other regulations and general acts (which is closely related to thelegislative competence of the Government or the adoption of decrees, decisions andother acts for the enforcement of laws). In addition, the Government is given a num-ber of other competences including running internal and foreign policy of Montenegro,entering into international treaties, deciding on the recognition of states and establish-ing diplomatic and consular relations with other states. The Government proposesambassadors and heads of diplomatic missions of Montenegro Highly important com-petence of the Government is related to proposing the Budget and the AnnualFinancial Report of the Budget, and Development Plan, Spatial Plan of Montenegroand National Security and Defense Strategy. According the Constitution ofMontenegro, 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 theGovernment may resign, whereby the resignation of the Prime Minister is deemed tobe the resignation of the Government. Equally, the Prime Minister may submit to theParliament 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 theexecutive, which is recognized in the Constitution as a way of termination of office ofthe Government. In addition, the Government mandate may cease in the followingcases: by expiration of the mandate of the Parliament, by resignation or if it fails topropose the Budget by March 31 of the budgetary year. The Government the man-date of which terminated will continue with its work until the election of the new com-position of the Government.

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  • 3.2. PRIME MINISTER, CHIEF CABINET, MINISTERS AND SECRETARY GENERAL

    The Prime Minister manages the work of the Government. He represents theGovernment, ensures the unity of political action of the Government, convenes the sittingsof the Government and chairs the sittings, signs acts passed by the Government, coordi-nates the work of the Government members and performs other tasks prescribed by theConstitution and law.

    In order to achieve the tasks within the jurisdiction of the Government, the Prime ministergives to the members of the Government mandatory instructions and specific tasks andauthorizations, pursuant to the Government policy and work plan or conclusions andassumed international obligations of Montenegro.

    In the case the Prime Minister is absent or prevented to preside over the sitting, he isreplaced by the Deputy Prime Minister who will act within the competences entrusted tohim by the Prime Minister.

    The Prime Minister has the Cabinet, which performs professional and other tasks relatedto the exercise of the Prime Ministers function. The Cabinet also comprises advisorsappointed and relieved from the office by the Government, at the proposal of the PrimeMinister, while the Cabinet is managed by the Chief of Cabinet, who is appointed andrelieved from the office the same way as the advisors.

    The Government has also the Presidency, which comprises Prime Minister, DeputyPrime Ministers and Secretary General of the Government. The Prime Minster presidesover the sittings of the Presidency, and also convenes the Presidency to the sitting. ThePresidency is empowered to coordinate the implementation of a determined policy andthe Government work plan, considers certain issues within its jurisdiction, plans the workof the Government sittings and coordinates the work of the Government members. ThePresidency may also decide upon the use of the funds from the current budget reserves,in accordance with the criteria established by the Government.

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    Prime Minister in performing his daily activities

  • The Government may have one or more Deputy Prime Ministers. The MontenegrinGovernment currently has Deputy Prime Minister for International Economic Cooperation,Structural Reforms and Enhancement of Business Environment, Deputy Prime Minister forPolitical System, Internal and Foreign Policy, (who, also coordinates the participation of theGovernment members in the work of the Parliament) and Deputy Prime Minister forEconomic Policy and Financial System. A Deputy Prime Minister coordinates and guidesthe work of the ministry and other state administration authorities in the areas assigned tohim/her by the Prime Minister. Deputy Prime Ministers competences to take care of theenforcement of the Government policy in their assigned area are of special importance. ADeputy Prime Minister may be a Minister at the same time. Finally, Deputy Prime Ministeris, 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 owncabinet, which performs professional and other affairs related to the exercise of his/herfunction, and also has advisors.

    Members of Government are also the ministers, who represent the Ministry (with theexception of the Minister without portfolio) and manage the work of the ministry. A Ministeris responsible for the implementation of the Government policy and work plan, for decisionsand measures he/she passed or failed to pass or take, as well as for the enforcement ofmandatory instructions and orders and authorizations entrusted to him by the PrimeMinister. One of the responsibilities of a minister is to inform the Government of all theissues from within his/her competences that are of importance for running politics and de -cision making of the Government. A minister may also submit to the Government pro po -sals for regulating issues from jurisdictions of the Government and Parliament, as well asto require from the Government to take a stand on a certain issue from his/her competence.

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    Government representatives in performing their regular activities

  • In order to efficiently organize and perform the tasks within the ministry, each ministry hasa Secretary who coordinates the work of the organizational units in the ministry andensures the development of relations and cooperation with the administration authoritiesin administrative areas for which the ministry was founded and other authorities. ASecretary 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 min-istry. Deputy Ministers manage and organize the work in one or more departments, andare accountable to the Minister and the Government for their work.

    Apart from ministers and deputy ministers, the Government also has a SecretaryGeneral. The Government appoints and relieves from the office the Secretary General, atthe proposal of the Prime Minister, and he is accountable to the Prime Minister and theGovernment for his/her work. The Secretary General is appointed to a four-year term ofoffice, and his mandate terminates by resignation or termination of the Governmentsoffice. The Secretary General manages the work of the General Secretariat that repre-sents the Service of the Government, which performs professional, organizational, admin-istrative and technical affairs for the needs of the Government, Prime Minister, DeputyPrime Ministers, Minister without Portfolio and governmental working bodies.

    The Secretary General has his own deputy, who falls under the same rules regulating theappointments and dismissals, as well as the duration of the term of office that are appli-cable 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 theSecretary General. A deputy secretary general is in charge of managing and organizingthe work within the sector of the General Secretariat Finally, the secretary general has oneor more advisors.

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    Minister in performing her daily activities

  • 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 deci-sion and the Rules of the Procedure of the Government, as well as the affairs entrustedto him by the Prime Minister. He also executes the budget resources allocated for theoperation of the Government and General Secretariat. The Secretary General attends thesittings of the Government and he/she is entitled to participate in the work of theGovernment. 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 toparticipate in its work. Only in exceptional circumstances, when the member of theGovernment is justifiably prevented from attending the sitting of the Government, his/herdeputy or the secretary of the Ministry will attend the sitting with a prior consent of thePrime 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 thecase, the member of the Government does not attend the governmental sitting, a materi-al 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 theGovernment is also obliged to participate in the work of governmental working bodeshe/she is elected to, as well as to participate in the exercise of other affairs within the com-petence of the Government.

    A member of the Government, who is appointed representative of the Government in theParliament, is obliged to participate personally in the work of the Parliament, as well as inthe work of parliamentary working bodies.

    A Minister without portfolio (the minister who is not in charge of a ministry) is obliged toperform affairs entrusted to him/her by the Prime Minister, and which relate to specificareas of the governmental work. He also may manage the work of governmental workingbodies.

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    Minister giving press statements

  • 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 hav-ing a more efficient and better quality process of formulation and preparation of gov-ernment policies, as well as coordination of work of the state administration authori-ties in the process of preparing documents and other materials for the session of theGovernment, and monitoring the enforcement of government acts. In addition, thesebodies are tasked to give suggestions and opinions on matters within the jurisdictionof the Government.

    Standing working bodies are formed to consider issues from the jurisdiction of theparliament and give opinions and suggestions thereof, monitor the enforcement ofgovernment acts and harmonization of positions of state administration authorities inthe preparation of documents for the sittings of the government. Standing workingbodies are formed by the Rules of Procedure of the Government. Furthermore, aworking body may form expert groups in order to explore further certain issues.

    A standing working body has a chairperson, deputy chairperson and a number ofmembers. In the event that the chairperson of a standing working body is absent orprevented from performing his/her tasks related to that body, his/her deputy assumesthe 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.

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    From a working body sitting

  • Commission for Political System, Internal and Foreign Policy performs the tasksrelated to the consideration of proposals for the laws, other regulations and generalact relating to the establishment, organization and competences of state administra-tion authorities and procedures conducted before those authorities; the exercise andprotection of human and minority rights and freedoms; local self-government system;security and interior affairs; system of defence; foreign policy and international coop-eration; international legal aid; extradition; criminal and other offences, liability forpenalties; lawyers profession and other types of assistance and mediation; nationalsymbols; use of national symbols; national holidays; nationality; electoral system; ref-erendum; territorial organization of Montenegro; attitude of the state toward religions;attitude of the state toward the emigrants from Montenegro and cooperation withinternational organizations in relation to refugees; family relations and inheritance;civil service system; non-governmental and political organizations; culture; informa-tion system and sports, as well as other issues falling within the scope of functioningof a political system, internal and foreign policy.

    Commission for Economic Policy and Financial System performs the tasks relat-ed to the consideration of proposals for the laws, other regulations and general actsand other materials relating to the following: the current economic and developmentpolicy and the system of public expenditures in the area of economy, education andscience, tourism, trade, agriculture, forestry, water management, civil engineering,maritime affairs, transportation, environmental protection, spatial planning, informationtechnology, telecommunications, standardization, metrology, industrial property, smalland medium-sized enterprises; transition of economy, market and prices, economicforeign relations, investment policy and implementation of investment policy; imple-mentation of policy of sustainable regional development; implementation of the policyof ecological state of Montenegro, implementation of development plans and otherplanning documents, development and functioning of the financial system; banks,insurance, payment operations, games of chance, funds, state loans, the system andthe policy of public revenues and expenditures; the Budget of Montenegro and theAnnual Financial Report of the Budget of Montenegro; public debt; property and own-ership relations, transfer of real-estate; customs policy; copyrights; health care andhealth insurance; pension and disability insurance; welfare for war veterans and thedisabled; statistics; labour and employment; safety at work; allocation and use of thefunds from the current and standing budget reserve as well as other issues falling with-in the scope of economic development, financial system and public expenditure.

    Commission for Human Resources and Administrative Issues performs thetasks related to the implementation of human resources policy and professional train-ing of employees; drawing up proposals for nomination, appointment and dismissalof officials, managing and other persons nominated or appointed by the Government;drawing up proposals for or giving opinions about proposals for appointment of man-aging authorities and working, specialized and other bodies nominated by theGovernment; drawing up proposals for giving consent to the appointment of personsregarding whom appropriate regulations prescribe that the Government is competentto give such consent; proposing positions in relation to the immunity rights of themembers of the Government; passing resolutions within the administrative procedurewithin the competence of the Government and the area of administrative issues, andconsideration of other issues related to the human resources policy.

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  • Commission for Allocation of a Portion of Funds from Budget Reserve decides on theallocation of funds from the budget reserve the amount of which is determined by theGovernment. The determined amount of the funds, in accordance with the planned dynam-ics, is allocated by the Commission to the natural persons, individual organizations, societiesand 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 acommission convenes the session, proposes the agenda, presides over the session andsigns the reports, conclusions and other documents of the commission. The agenda,materials for discussion and the minutes from the previous session are submitted to themembers of the commission no later than five days prior to the date of holding the ses-sion. However, the reasons of urgency sometimes require consideration of individualissues in a shorter period.

    Commission has a secretary. The secretary is in charge of preparing the sessions of thecommission. In addition, he/she performs professional processing of materials and, for thechairperson of the commission, he/she prepares relevant positions about materials sub-mitted, takes minutes from the sitting, prepares the report of the commission; he/she isresponsible for the enforcement of conclusions of the Government regarding the issuesrelating to the scope of work of the commission and he/she keeps appropriate records ofconclusions and performs other affairs ordered by the commission, its chairperson or theSecretary General of the Government.

    Commission will meet if more than half of its members are present, and it decides bymajority vote of members present. As in the case of the compulsory attendance at a sit-ting of the government and procedure in the case of absence of a member of the govern-ment, the documents proposed by him/her or prepared by the ministry whose minister isnot present will not be considered at the session of the commission; instead the consid-eration of the aforesaid materials is postponed. Conversely, in order to ensure that allstakeholders are involved in the process, the representatives of other administrativeauthority, business company or other legal person may attend the session of the commis-sion, if the materials prepared by this authority or legal persons are considered at the ses-sion. If certain documents submitted to the session of the commission relate to other min-istries and administrative authorities or to the issues within the scope of work of those bod-ies, 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 bya member of the commission may attend the session in order to give expert opinions andexplanations. Eminent scientific workers and experts in certain fields may participate in thework of the commission when invited.

    In the phase of preparing a session of the commission, the chairperson of the commis-sion, at his/her own initiative or pursuant to the conclusion of the commission, may organ-ize 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 organizationsare 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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  • Commissions hold joint meetings that are convened by chairpersons for the purposeof considering matters of common jurisdiction or aligning their attitudes.

    After completing the sitting, the commission submits to the Government a writtenreport containing statements and assessments of the discussed material and propos-als for conclusions and recommendations in the form in which they are to be adopt-ed by the government. The report contains the information if the proposer agreed withthe determined positions and conclusions of the Commission, and if not, it also statesthe reasons of disagreement, along with the positions of proposers. A member of thecommission may state his/her dissenting opinion in the report.

    Given the fact that the documents are thoroughly discussed at the sessions of commis-sions, after which very often a number of documents is just to be adopted by the gov-ernment, commissions serve as a kind of filter before the government session.However, this does prevent any member of the Government from expressing objectionsto the presented text at the government session. Technically, all materials that are laterincluded in the agenda of the government session should be first discussed and con-sidered within the respective commission. However, in practice it happens that some ofdocuments are submitted directly to the government session, but those situations arerare 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 con-sider certain issues from the jurisdiction of the Government and to give opinions andproposals.

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    Detail from a sitting of a working body

  • 3.4. ADVISORY BODIES OF THE GOVERNMENT

    The Government may form a council or another advisory body of the Government, theduties, composition and the manner of work of which are laid down in their foundingdocuments.

    3.5. WORK PLAN OF THE GOVERNMENT

    Government adopts an annual work plan, which consists of a thematic and legislativepart.

    The basis for the adoption of the work plan of Government program is laid down inthe program of the candidate for Prime Minister, previously approved by theParliament and positions of the Government regarding these issues. Thus, the pro-gram represents a projection of what the government intends to achieve in the cur-rent 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 hasto meet with regards to its relation to the international organizations whose memberit is, as well as the obligations deriving from the ratified and published internationaltreaties, particularly obligations in relation to the integration into the European Union).Comprehensiveness of the intended government tasks may be also seen from thefollowing division thereof:1) The process of the European integration;2) Political system, internal and foreign policies;3) Economic Policy4) Financial system and public spending.

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    Detail from a meeting in the government

  • Each task has listed a holder of the task and the deadline for its implementation alongwith 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 andother administrative bodies, which submit their proposals, initiatives and suggestionsto the General Secretariat. Once the General Secretariat reviews all the proposalsand makes a draft work plan, this draft is submitted to all standing working bodies orcommissions for consideration within their scope of work. A proposal for the work planof the government is prepared in the General Secretariat after the commissions hadgiven their own proposals and suggestions.

    Within the work plan of the Government, each task has defined deadline within whichministries or other administrative authorities are obliged to perform that specific task.It happens, however, that these deadlines can not be respected in practice. If thishappens, ministries and other authorities have an obligation to notify the Governmentin due time about their reasons for not being able to perform these tasks, as well asto propose a new deadline for the implementation thereof. After that, the Governmentconsiders the notice and takes the position thereof.

    Although the work plan of the government represents a fairly detailed documentadopted in advance, it still can be expected that, if necessary, an activity is introducedtherein over the year. These are, of course, exceptions, because the entire organiza-tion of the Government at annual level would be quite disturbed by frequent amend-ments to the work plan.

    In addition to the Government work plan, there are work plans of the state adminis-tration 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 other-

    wise);5) Entities with which it cooperates in the process of the implementation of the activ-

    ities (entities are indicated individually, while it is necessary to also specify the formof 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, where-as the adoption of the work plan by other administrative authority requires a prior con-sent 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 per-formed by the ministries and other administrative authorities. Individual tasks of thestate administration may be entrusted to the local self-government or some otherlegal person by the regulation of the Government.

    The state administration is professional, independent, autonomous and non-partisanin its work, and state administration authorities are obliged to decide lawfully andtimely in matters within their competence.

    The work of state administration authorities is subject to control, which is carried outthrough administrative and other supervision, judicial control and other forms of con-trol, in accordance with the law.

    Pursuant to the constitutional provision on the official language and languages in offi-cial use, the state administration authorities are obliged to ensure that the represen-tatives of minority people and other minority national communities exercise theirrights to the use of their own language and alphabet in official use, as well as to con-duct a procedure in their own language in municipalities with a major or significantpercentage 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 deter-mines the organization and the manner of work of the state administration and regu-lates the matters related to ensuring the enforcement of decisions of theConstitutional Court, as well as other issues of importance for the organization andthe work of the state administration.

    State administration authorities in Montenegro are ministries and other administrativeauthorities. The supervision over the lawfulness of work of the administrative author-ities shall be performed by the ministries.

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  • On one side, ministries are established for one or more connected administrativeareas, depending on the nature, significance and scope of these affairs, and on theneed to provide a development strategy. On the other side, administrative authoritiesare established for the performance of tasks related to the enforcement of laws andother regulations, administrative and professional affairs in administrative fields inwhich ministries are established and in other fields, when the scope and character ofwork require independence at work or the existence of administrative authorities.

    Ministries are responsible for performing affairs of proposing for internal and foreignpolicy, conducting development policy, legislative activity and administrative supervi-sion, in accordance with the law. Ministries determine development strategies andstimulate the economic, social, cultural, ecological and general social development,by monitoring and exchanging of information and records and by statistical and ana-lytical monitoring of the situation in the fields they had been established for, as wellas by proposing and adopting measures. A ministry is obliged to undertake measuresand activities aimed at the implementation of the work plan of the Government. Inaddition, a ministry is obliged to, at the request of the Government, study a certainissue or perform a certain task. It is also obliged to ensure the enforcement of thegovernment conclusions and acts. At least once a year, ministries submit to theGovernment a report on their activities and situation in their administrative area. Atthe request of the Government, ministries are also obliged to submit a separate reporton specific issues within their purview, measures taken and their achievements. Thereport on the work of the ministry also contains the report on the work of an adminis-trative authority which is under its supervision.

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    Representatives of the Government and ministries in performing their regular activities

  • Ministries are obliged to cooperate and to exchange the information on each others activ-ities, in particular, on the issues important for their work. In accordance with the Decisionof the Government, ministries are obliged to perform the tasks jointly. The same obliga-tions may arise from their prescribed competences. Inter-ministerial cooperation inpreparing and adopting regulations not only results in better quality proposals for laws, butalso offers to ministries a possibility to get to know better with the work of other ministriesand 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 moreministries, the performance of these affairs is to be administered by the ministry inwhose purview lays the predominant part of affairs to be performed.

    Administrative authorities in Montenegro are established in the form of administra-tions or authorities that perform chiefly administrative and therewith related profes-sional affairs and secretariats, offices, directorates and agencies, or authorities thatmainly 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 andother entities.

    Secretariats are authorities that perform chiefly professional affairs with the pos-sibility to perform certain administrative and other affairs.

    Offices are authorities that perform professional and therewith related adminis-trative affairs by the application of scientific methods and knowledge.

    Directorates are authorities that perform chiefly professional and therewith relat-ed administrative affairs relating to the economy.

    Agencies are authorities that perform professional and therewith related admin-istrative affairs, which are performed by the application of market principles, i.e.service delivery, and ensure improvement and development.

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    Minister in performing his regular activities

  • 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 maydeliver services to natural and legal persons, and charge fees therefore.

    Administrative authorities are managed by heads of administrative authorities. Anadministration, office, directorate, and agency are managed by a director, whereasthe secretariat is managed by a secretary. A head of an administrative authority isappointed and dismissed by the Government, at the proposal of the competent min-ister. The head of an administrative authority is liable for his/her work, the operationof the administrative authority he/she manages, as well as for the condition in thespecific field, to the line minister and to the Government. The office of a head of anadministrative authority terminates by resignation, dismissal, or with the cessation ofthe Governments mandate.

    An administrative authority, at least once a year, submits to the line ministry a reporton activities and condition in areas for which it was founded.

    The internal organization and systematization of state administration authorities isdefined depending on the scope, type and complexity of tasks they perform and in amanner that ensures their efficient, cost-effective and effective performance. The cri-teria for the internal organization, systematization and nomenclature of affairs as wellas the provisional number of employees are defined by the Government. The act onthe internal organization and systematization of a state administration authority isdefined by the Government, on the proposal of a minister or head of an administrativeauthority respectively. In the procedure of defining an act on the internal organizationand systematization of an administrative authority, the Government is obliged to obtainthe 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 theministry, for consideration of issues from the competence of the ministry. The councilis made of prominent scientists and experts and is founded by the minister. In addi-tion to the council, a collegium may be formed within the ministry or other administra-tive authority as an advisory body. As a rule, the collegium is made of managers andcivil servants or employees designated by the minister or head of other administra-tive authority.

    If the performance of certain tasks requires professional cooperation of civil servantsand employees from different internal organizational units, there is a possibility toform project groups, teams or other appropriate forms of work. A project group, teamor other form of work may be established by the Prime Minister, minister or head ofother administrative authority. Civil servants and employees may be engaged in theaforesaid forms of work, whereas it is needed to obtain first the approval from a min-ister or head of other administrative authority. In addition to civil servants and employ-ees, it is possible to engage experts outside the state administration authorities. Inorder to provide you with better understanding of the organization of the Governmentand state administration authorities, we prepared the graph below. The overview isgiven in order to present which ministry performs supervision of which administrativeauthority, with the exception of the Secretariat for Legislation, which is under the juris-diction of the Government, via the Secretary General.

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    GOVERNMENT

    Ministry forInformation

    Society

    Ministry ofEconomy

    Ministry ofTourism

    1. Administration forProtection of Competition

    2. Metrology Office3. Intellectual Property Rights

    Office4. Directorate for

    Development of Small andMedium Sized Enterprises

    1. Maritime SafetyAdministration

    2. Port Administration3. Transport Directorate4. Railways Directorate

    1. Veterinary Administration2. Forest Administration3. Water Administration,

    PhytosanitaryAdministration

    4. Tobacco Agency

    1. Tax administration2. Real Estate Administration3. Customs Administration4. Administration for Anti-Corruption

    Initiative5. Administration for Prevention of Money

    Laundering and Financing Terrorism6. Administration for Games of Chance7. Public Property Administration8. Statistical Office9. Public Procurement Directorate

    1. Office for International,Scientific, Educational-Cultural and TechnicalCooperation

    2. Education Office

    1. HumanResourcesManagementAuthority,

    2. PoliceAdministration

    1. State Archive2. Youth and

    SportsDirectorate

    Secretariat forLegislation

    Directoratefor

    Protectionof

    ClassifiedData

    Institutionfor

    Enforcementof CriminalSanctions

    Refugee Careand Support

    Office

    Ministry ofForeignAffairs

    Ministry ofCulture, Sports

    and Media

    Ministry ofDefense

    Ministry ofJustice

    Ministry ofEuropean

    Integration

    Ministry ofHealth

    Ministry ofFinance

    Ministry ofInterior and

    PublicAdministration

    Ministry ofHuman and

    Minority Rights

    Ministry ofEducation and

    Science

    Ministry ofLabour and

    Social Welfare

    Ministry ofAgriculture,Forestry and

    WaterManagement

    Ministry ofTransport, Maritime

    Affairs andTelecommunications

    Ministry of SpatialPlanning andEnvironmental

    Protection

    GeneralSecretariat of

    the Government

    * Government performs supervision over the work of the Secretariat for Legislation via General Secretariat

  • Certain state administration affairs may be delegated or entrusted to the local self-government or other legal person by the law or government regulation respectively. Itis 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 pre-pare an elaborate on justification of such a decision. The elaborate particularly con-sist of: the justification for the entrusting of the affairs, precise determination of affairsto be entrusted, the entity to which the affairs are entrusted as well as positions andopinions of the local self-government authorities, institutions and legal persons on thepossibilities and conditions for the implementation of the entrusted affairs; then it isdetermined whether or not there are conditions related to the organizational, person-nel, technical, financial and other material issues and finally the manner and terms offinancing the implementation of entrusted affairs.

    An administrative authority is responsible for exercising control whether or not theauthorities, in performing the delegated or entrusted affairs act in accordance with thelaw. It also warns an authority when it finds that the same fails to act in compliancewith the law and proposes measures the authority should undertake in order to pre-vent such actions. If an authority, even after the warning, fails to performentrusted/delegated tasks or performs them irregularly and inefficiently, the adminis-trative authority may suggest to the Government to initiate a procedure for takingaway delegated or entrusted affairs from them.

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    Detail from the Government Public Relations Bureau

  • 4. Legislative activity

    4.1. PREPARATION OF ACTS AND OTHER DOCUMENTS

    Law drafters prepare proposals for documents for consideration at the Governmentsessions, in the manner as provided for under the Rules of Procedure of theGovernment of Montenegro. In addition, drafters of proposals for laws, other regula-tions and general acts are obliged to prepare the documents in accordance with legal-technical rules determined by the Secretariat for Legislation. These rules set forthconcrete instructions for drafting laws and secondary legislation (the rules cover thesystem of the legislation, formal structure of legislation, as well as systematic andstructure of secondary legislation), specific rules related to the amendments and cor-rigendum to the law, as well as the rules related to the language rules, style, andmanner of writing of the legislation. A special part of these rules is made of guidelinesfor harmonization of the Montenegrin legislation with the legal order of the EuropeanUnion.

    In the process of preparing a proposal for a law, strategic or planning documents, atthe request of a legislator or at the initiative of the chairman of the commission, a priordiscussion may be held before the commission. This discussion serves as a user-friendly guide that drafters need to follow while drafting documents.

    A motion intended for consideration and deciding at the Government session is sub-mitted 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 agree-ments with other countries and international organizations;

    5) a Government proposal for an opinion about proposals for the law , other regula-tion or general act proposed by the Government;

    6) proposals for programs, reviews, attitudes and conclusions of the Government oncertain issues;

    7) a proposal for a response or opinion that the Government submits to theConstitutional Court of Montenegro, as well as proposals for measures for theenforcement 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 theGovernment should adopt. A proposal for a conclusion contains a precisely definedactivity, 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 Governmentproposed to the Parliament, a lawmaker also submits to the Government a proposalfor designating a representative of the Government who will participate in the work ofthe Parliament and its working bodies.

    A proposal for a law, other regulation or general act that the Government refers to theParliament is prepared in line with the Rules of Procedure of the MontenegrinParliament 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 ina form in which a law is enacted, along with a justification of the law in writing and acertain number of copies. In addition, the law is to be submitted in electronic form. Ajustification of the law must contain: the constitutional basis for passing the law, thereasons for passing the law, the data on the compliance of a proposal for the law withthe European legislation and ratified and published international treaties, an explana-tion of basic legal institutes and the assessment of financial resources needed for theimplementation of the law. In the case of a proposal for a retroactive application of thelaw, it must be explained why the retroactive application of the law is in the publicinterest. However, in the case of proposing a law amending the law, the text of theprovisions of the law to be amended must be enclosed.

    A proposal for a decree, other regulation or general act adopted by the Government mustalso contain a justification, whereas the content and the size of the justification dependon the type of an act. A special justification form is prepared for proposals for laws on rat-ification of international treaties, and the content of the justification form is prepared inline with the Law on Concluding and Enforcing International Agreements. Pursuant tothat Law, the justification of a proposal for the law on ratification should contain: the con-stiutional grounds for passing the law (vested in the Article 82 item 17 of the Constitutionof Montenegro), an assessment of international relations and the goal of passing the law,explanation of basic issues governing an international agreement, an assessment offinancial resources that are needed for the enforcement of the law on ratification, a noticeon the need for harmonization of national legislation with the international agreement forand the reasons of urgency, if the law is proposed to be adopted by urgent procedure.

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    Sitting of the Montenegrin Government

  • A document submitted to the Government for consideration may be more than tenpages long. This rule does not apply to draft laws/proposals for laws, proposals forstrategic and planning documents and other general acts. In addition to a ten-pages-long document, it is necessary to enclose a resume or a summary of a document notlonger than five pages.

    Materials to be considered and decided at the Government sitting may not be avail-able to the public before the session. Should a proposal that is to be considered anddecided upon or a justification or other supplements thereto that are tabled togetherwith the proposal contain confidential data, the proposer decides and designates thetype and the level of confidentiality. This is done in accordance with the special Lawon Data Protection, according to which a confidential data is assigned one of the lev-els 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 andits 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 theSecretary General after being used.

    Having in mind the fact that the preparation of each document consists of severalphases, preparation of materials for the Government is not an easy process even if itis done in cooperation with certain ministries or other administrative authorities whenneeded. Stemming from this fact, a proposer of a law, other regulation or general actis 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 theinstructions of the Ministry of European Integration and which needs to beapproved by this Ministry.

    3) Opinion of the Ministry of Justice about a proposal for a law governing the pro-ceedings before the courts, as well as about the provisions thereof regulatingsanctions and misdemeanour procedures;

    4) Opinion of the Ministry of Interior and Public Administration about a proposal fora law governing the procedure before the public administration authorities, thesystem of public administration and local self-government.

    5) Assessment of the fiscal impact of the implementation of laws on the Budget ofMontenegro, as well as on the budgets of the Pension and Disability InsuranceFund, Health Insurance Fund, Employment Agency of Montenegro and local self-government, in conformity with the instructions given by the Ministry of Finance;

    6) Opinion of the Ministry of Finance that the solutions embedded in the proposalfor a law do not create business barriers.

    7) Opinion of the Ministry of Foreign Affairs about proposals for laws on ratificationof international agreements, at the proposal of the basis for concluding interna-tional agreements and documents related to running negotiations and meetingswith international delegations;

    8) Opinion of the Human Resources Management Authority about the proposal ofthe rulebook on internal organization and systematization of state administrationauthorities.

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  • In addition to a proposal for a law, other regulation and strategic and planning docu-ments, the lawmaker is obliged to submit a report on inter-sectoral and inter-ministe-rial consultations. This points out to the need for cooperation between state adminis-tration authorities, both at inter-ministerial level as well as between ministries andother state administration authorities, which does not only include cooperation duringthe preparation of a proposal for a law, but also as an obligation of authorities toinform 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 andinter-ministerial consultations, a proposer of the law is obliged to also submit a situa-tion analysis, appearance and problems in the area governed by the law.

    Having in mind that one of the Government obligations is related to the transpositionof regulations of the European Union into our legal system, lawmakers are obliged tosubmit to the Ministry of European Integration the EU regulations, ratified internation-al treaties with which the law is put into conformity in addition to the proposal for a law.This is very important