Guide through the Government of Montenegro

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GUIDE THROUGHTHE GOVERNMENTOF MONTENEGRO

Podgorica, 2010

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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 Kovačević

Authors

Milana Čabarkapa and Tatjana Koprivica

Translation

Ana Kovačević-Kadović

Layout and graphic design

Blažo Crvenica

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AP Print, Podgorica

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850 copies

Center for Democratic Transition (CDT)


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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 Minister’s 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



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 Petrović Njegoš1 (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 Stanjevići. 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 Petrović Njegoš. 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 (činonačelnikov) wastransformed into a smaller and more efficient Supreme Administrative Senate ofMontenegro and Highlands (Praviteljstvujušći senat crnogorski i brdski). The Prince-Bishop Petar II Petrović Njegoš (1830-1851) appointed about 12 to 16 representativesfrom the “strongest tribes and clans” to this authority. Ivan Vukotić 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 Petrović introducednew people to the Senate, guidedprimarily by their loyalty.

Daily Crnogorca, 10 March 1879

2. History



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1 Translator’s note: Petar I Petrović Njegoš (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 Petrović Dynasty.

2 The Chief was the head of the clan.

During the long reign of Nikola I Petrović Njegoš (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



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. Pavićević, R.Raspopović, 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 Đ. Mijušković(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 Božo Petrović, who wasalso the President of the State Council presided over the Ministry.



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THE BILJARDA IN CETINJEWas 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 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 Njegoš’s 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 Klubaši (members of the People's Party) was suc-ceeded by another one, headed by Marko Radulović (11.11.1906 - 19.01.1907) andAndrija Radović (19.01.1907 - 04.04.1907) respectively. During the next five years,Montenegrin sovereign Nikola I entrusted the government to a political group calledPravaši (members of the True People's Party) and the position of the Prime Ministerto 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). Atthe time of the Balkan wars (1912-1913), a cabinet of the True People's Party was inpower 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 thathe was represented by Dušan Vukotić, 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 JankoVukotić. 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 wasengaged on the battlefield, he was represented by ministers Risto Popović and MirkoMijušković. 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).



Lazar Tomanović’s 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 Đukanović 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 langelo’s 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




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 LazarMijušković also left with him. Three ministers and Major General Janko Vukotić, the chiefof the Supreme Command, stayed in the country. In exile, in France, new governmentwas formed by Andrija Radović (29.04.1916 - 04.01.1917). As King Nikola refused torenounce the throne and to annex Montenegro to Serbia, Andrija Radović resigned. Aftera 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 from29.05.1917. Popović 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. Popović 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 Vučković, Milutin Vučinić, Milo Vujović and Pero Šoć. 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 Vučinić was appointed Prime Minister. When Vučinić 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 Gvozdenović 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 POPOVIĆ

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 King’s choice was greeted with disapproval by MPs. Dušan Gregović, 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 Vojinović, 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 Popović, 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 Matanovićand offered the mandate to Evgenije Popović to form the new government. Popović 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 Jovićević, and the director of the bank Ćiro Kamenarović, 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. Popović and Vujović were conservatives while Milićević and myself belonged todemocratic peoples’s party”.

Niko Hajduković, Memoari, editor, S. Burzanović, Podgorica 2000, 272-273



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 Kolašin, the State Anti-Fascist Council of NationalLiberation of Montenegro and Boka (ZAVNO3) was established as a specific parti-sans’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 NikoMiljanić, and three Vice-Presidents: Božo Ljumović, Jovan Ćetković and PetarTomanović.

At the third session of ZAVNO held in Kolašin 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 Miljanić, and three Vice-Presidents: BožoLjumović, Jovan Ćetković and Petar Tomanović. 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 Translator’s note: ZAVNO was the sitting of the Anti-Fascist Council of National Liberation with representativesfrom throughout Yugoslavia

4 Translator’s Note: Partisans (Partizani) or the People's Liberation Army and Partisan Detachments of Yugoslavia (Na -ro dnooslobodilačka 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.


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. Blažo Jovanovićwas the Prime Minister and Petar Komnenić was the Deputy Prime Minister of thisGovernment. This Government had 9 ministries: interior affairs (Radonja Golubović), jus-tice (Jefto Pavić), education (Puniša Perović), finance (Gojko Garčević), trade (VeljkoZeković), agriculture and forestry (Jovan Ćetković), industry and mining (VladoLazarević), health and social policy (Mihailo Vicković) and buildings (Petar Tomanović).



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 Kontić 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 Đukanović 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 Vujanović waselected Prime Minister. After the parliamentary elections in October 2002, MiloĐukanović 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 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



After the restoration of the Montenegrin independence at the referendum held on 21May 2006 and after the parliamentary elections held in September 2006, Željko Štu-ranović was elected Prime Minister on 10 November 2006. He served as the PrimeMinister until 29 February 2008, when Milo Đukanović 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 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 electedMinister for Foreign Economic Relations and European Integration. Dr Gordana Đurović hascarried out the same function since 2004. Dr Vesna Kilibarda was Minister of Culture andMedia in the period from 2002 to 2006.

Gordana Djurović, 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 Zeković.

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 Đurović designed the project thereof. The Building covers the area of4 450 m2.


Building of Montenegrin Government in Jovana Tomaševića Street in Podgorica

Building of Montenegrin Government in Karađorđeva Street in Podgorica



2.7. PRIME MINISTERS OF MONTENEGRIN GOVERNMENTS BEFORE 1945

BožoPetrović

LazarMijušković

AndrijaRadović

MarkoRadulović

LazarTomanović

MitarMartinović

JankoVukotić

MiloMatanović

EvgenijePopović

JovanPlamenac

MIlutinVučinić

AntoGvozdenović



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

BlažoJovanović

(4 February 1945 –16 December 1953)

FilipBajković

(16 December 1953 –12 July 1962)

ĐokoPajković

(12 July 1962 –25 June 1963)

VeselinĐuranović

(25. June 1963 –8 December 1966)

MijuškoŠibalić

(8 December 1966 –5 May 1967)

VidojeŽarković

(5 May 1967 –7 October 1969)

ŽarkoBulajić

(7 October 1969 –6 May 1974)

MarkoOrlandić

(6 May 1974 –28 April 1978)

MomčiloCemović

(28 April 1978 –7 May 1982)

RadivojeBrajović

(7 May 1982 –6 June 1986)

VukoVukadinović

(6 June 1986 –29 March 1989)

RadojeKontić

(29 March 1989 –15 February 1991)



MiloĐukanović

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

FilipVujanović

(5 February 1998 –8 January 2003)

ŽeljkoŠturanović

(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.

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 threemembers including Andrija Radović who served as Prime Minister, Minister of Foreign AffairsMinister of Military and Minister of Finance, Mihailo Ivanović who was Minister of Interior andGavrilo Cerović 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 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.

5 Translator’s 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.



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 Minister’s 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 Minister

is 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.



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 Secretary

General. 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 Government’soffice. 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.



26

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.



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; lawyer’s 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.



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.



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.



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.



Representatives of the Government and ministries in performing their regular activities

Ministries are obliged to cooperate and to exchange the information on each other’s 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 Government‘s 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.



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.



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 because the EU regulations that do not exist in the database ofthe 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 passedthrough all the phases of text processing and editing up to the final versions. On theother side, the Ministry of European Integration is obliged to provide a lawmaker witha possibility to use translations and documents available in its database. The Ministryof European Integration prepared a Manual for Translation of Regulations in the

Pro cess of European Integration, so that all persons engaged in the process ofpreparation of translations of EU regulations and other international regulations areobliged to use the Manual in order to ensure a terminological consistency. For this pur-pose, a terminological database MONTERM has also been developed.

A lawmaker is also obliged to submit a proposal for a law to the ministries or otherauthorities in writing.



Plenary Hall for Government sessions

Once the lawmaker submits the proposal for a law, strategic or planning document tothe Ministry, or other administrative authority for an opinion, that ministry or authorityis obliged to submit its posi-tions on the act in writing, inthe period not later than 14days. This period is shorter inthe case of proposals forother documents and is nor-mally five days, whereas itmay happen that the opinionis submitted even in a shorterperiod at the justified requestof the lawmaker. The intro-duction of deadlines forobtaining an opinion fromministries or other administra-tive authorities on the propos-al for a law is significant pri-marily because of a commit-ment to fulfill tasks withindeadlines defined by a certainwork plan of the Government.

Prior to submission of a document to the Government, a lawmaker is obliged to putit into conformity with the opinion of the Secretariat for Legislation, ministries andother authorities, which had given their opinion before. If the lawmaker does notaccept opinions of the aforesaid authorities or if they do not harmonize their positionsin direct cooperation with each other, disputable questions will be put in conformitybefore the line Deputy Prime Minister.

Finally, the lawmaker submits the proposal for a law, strategic or planning documentto 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 laterthan seven days before the beginning of the government session. The SecretaryGeneral of the Government is obliged to inform lawmakers about the omissions in thedocument, for example if the document is not prepared in accordance with the Rulesof Procedure of the Government or to ask for the elimination of these omissions.

After the elimination of these omissions, the Secretary General distributes the docu-ments to the government members.



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Taking into account the importance and complexity of allforms of communication at international level regardingnegotiations and meetings with foreign delegations, it isnecessary to prepare a preliminary proposal for the basisfor running negotiations or platform.

The platform is established by the Government and itincludes: an assessment of the relations with anothercountry or international organization, reasons for proposingthe dates for holding international meetings, basic issuesthat will be negotiated and positions that will be advocatedby the Montenegrin delegation. The proposal also includesthe composition of the delegation, as well as the costs ofthe delegation.

In the case of urgency, discussions with foreign delega-tions may be conducted on the basis of instructions give bythe Prime Minister.

The delegation is obliged to submit a report to theGovernment after the end of the meeting.

4.2. GOVERNMENT SITTING

The Prime Minister convenes the government to the first sitting within eight days fromthe election of the Government.

The Prime Minister convenes the government to a sitting upon his/her own initiativeor upon the proposal of a government standing working body or upon a proposal ofat least five government members.

The government sitting is usually held once a week on the day designated by thePrime Minister. Government sittings are usually held on Thursdays, and the sittingsof working bodies are held on Tuesdays. In special circumstances or if there is a needto undertake certain urgent measures, the Prime Minister may convene theGovernment to an extraordinary sitting.

The Secretary General informs members of the government of the convocation of thesession, as a rule, in writing and two days before the sitting. The invitation to the sit-ting includes the date, place and time of holding the sitting, as well as other informa-tion 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 notsubmitted earlier, are also enclosed to the invitation to the sitting. Since recently, thegovernment and commissions have officially started with holding e-sessions and asof that time the materials are submitted electronically.



Detail from a government sitting

If needed the invitation for the sitting may be also delivered in a shorter period. Inaddition to the Prime Minister, deputy prime ministers and members of the govern-ment and the secretary general, the secretary of the Secretariat for Legislation alsoparticipates in the work of the session. When invited, authorized representatives fromthe ministries and other administrative authorities, General Secretariat, as well asother invited persons may attend and participated in the work of the government sit-ting. These invitees will be submitted only the materials relevant for the items of theagenda for which they were invited to the sitting. The Prime Minister, however, maydecide 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 maypropose the amendments to the agenda, which must be justified. The PrimeMinister himself is entitled to propose amending the agenda by the end of the sit-ting.

2) Passing the minutes from the previous sitting – upon determining the agen-da, the minutes from the previous sitting is adopted. A member of theGovernment is entitled to file objections to the minutes, which are to be votedupon by the Government during the adoption of the minutes.

3) Deliberating and deciding upon the items of the agenda, voting – each itemof the agenda is deliberated and voted upon. If a member of the Government isat the same time a member of the commission, which considered certain docu-ments and issues, as a rule, he/she does not participate in the discussion aboutthe same issues at the government sitting unless he/she had a dissenting opin-ion at the sitting of the commission. He/she can only discuss an issue that is thesubject to the debate. If a participant in the debate departs from the agenda inhis/her speech, the Prime Minister will give him/her a warning about it. A partici-pant in the debate is entitled to speak only once about the same item of the agen-da, unless he/she gives a reply to the speech on another participant. After the endof the debate, the Government decides on determining the text of a proposal fora law, other regulation or general act and adopts the appropriate act or conclu-sion. A member of the Government may have a dissenting opinion, which needsto 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 thePrime Minister. A proposal for shortening the term of the Parliament, proposal fora call for a national referendum, proposal for a vote of confidence in theGovernment, proposal for dissolution of the Parliament, resignation of theGovernment, submission of a proposal amending the Constitution and establish-ing a proposal for the budget law and annual budget account are decided uponby a majority vote of all government members.

In urgent and other particularly justified circumstances, the Government, at the pro-posal 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. Thedecision passed in this way must be verified at the first subsequent sitting of theGovernment.



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The Government keeps the minutes of its sittings, and the secretary general takescare 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 phono-graphically. Verbatim notes are considered to be strictly confidential unless the PrimeMinister decides otherwise on individual cases. Members of the Government mayuse verbatim notes and before the adoption of the minutes they are entitled to edittheir speeches without making substantial changes to the text.

Materials from the government sitting, in addition to the acts adopted by theGovernment and the minutes and phonographic records are stored in the archive ofthe General Secretariat of the Government and may be used with the consent of theSecretary General.

Once the government takes position on an issue from the scope of work of a partic-ular ministry or other administrative authority, the secretary general submits conclu-sions to that ministry or administrative body upon verification thereof. In urgent mat-ters, those conclusions may be submitted even prior to the verification. The conclu-sion is considered to be verified upon the adoption of the minutes from the sitting atwhich it had been passed. Given the fact that the minutes are adopted at the first nextsitting, the conclusion is also considered to be verified with the adoption of the min-utes from the sitting at which it had been passed.

A lawmaker prepares a regulation or other general act in the form passed by theGovernment, after which it submits it to the Secretariat for Legislation. According toopinion of the Secretariat, the lawmaker submits a regulation or other general act tothe secretary general signature or publication thereof. The Secretary General submitsthat regulation or general act to the Prime Minister for signature, and then submits thesigned text to the Secretariat for Legislation to be published in the Official Gazette ofMontenegro.

The proposal for a law or other act approved by the Government is prepared by thelawmaker in the form in which the text is adopted at the government sitting and deliv-ers it to the Parliament. The lawmaker is also required to submit the proposal for thelaw to the Secretary General along with the statement of the line minister that it is pre-pared in the text adopted at the government sitting.



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 theConstitution that the Government, during the war or emergency, may pass decreeswith the force of law, in the case the Parliament cannot meet. As soon as theParliament can meet again, the Government is obliged to submit to the Parliamentdecrees with the force of law for approval.

A decree of the Montenegrin Government regulates in more details types of actspassed 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 ofimportance for the exercise of government functions laid down by the Constitutionand the law, establishes ministries and other state administration authorities anddetermines the organization and work of the state administration in accordance withthe law.

A decision undertakes measures and regulates matters of common interest, definescertain issues and measures within the jurisdiction of the Government and decideson other matters, which are determined to be regulated by a government decision, inaccordance with the law or decree.

The Government also adopts the Rules of Procedure, which regulates in details itsorganization and work.

A strategy determines the situation in certain areas and measures to be undertakenfor its development (for example, the National Security Strategy, Health DevelopmentStrategy).

A declaration expresses the position of the Government on a specific issue (forexample, Declaration on Relations with the United Nations after the Referendum onState-Legal Status).

A resolution decides on appointments, nominations and dismissal, as well as otherspecific issues within the jurisdiction of the Government.

A conclusion establishes positions on particular issues of importance for a policyimplementation and in situations wherein the Government does not pass other acts.

Regulations issued by ministries are as follows: rulebooks, orders and instructionsfor 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, aswell as local self-government authorities and other legal persons in performing thedelegated or entrusted tasks.

Ministries cannot establish rights and obligations of natural and legal persons with itsregulations.

4.4. OPINIONS AND POSITIONS OF THE GOVERNMENT

Parliament or other authority may ask from the Government to issue an opinion on aproposal for a law, proposal for other regulation or general act. In that case, the pro-posal for an opinion is prepared by the line ministry; the Government adopts the opin-ion at the sitting, after which it is referred to the Parliament or other authority.

4.5. PREPARATION OF CONSOLIDATED TEXTS AND PUBLISHING OFGOVERNMENT ACTS

Consolidated texts of the regulations and of other acts established or adopted by theGovernment are prepared by a ministry or other administrative authority relevant forthe issues regulated by those regulations.

The Government may empower the Secretariat for Legislation to approve the consol-idated text of any of the Government acts.

Decrees, decisions, Rules of Procedure, resolutions on appointment, nomination anddismissal, as well as other acts adopted by the Government are published in theOfficial Gazette of Montenegro. The Secretariat for Legislation is responsible for pub-lishing government regulations and other acts in accordance with the law.



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 governmentor administration is open at all levels to the citizens, i.e. to establish direct contact withcitizens. The publicity of work of the executive improves the accountability and providesthe citizens with the information about the activities of their government. Citizen partic-ipation increases government effectiveness and improves the quality of its decisions.

Government sessions, in principle, are not open to the general public. In addition, thegeneral 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 theSecretariat for Legislation may attend the government sittings, as well as other per-sons invited to attend therein, but only a part of the debate that refers to the docu-ments for which they are invited to the sitting. The Prime Minister may decide thatgovernment members are the only to attend the sitting, which further narrows downthe possibility to participate in the work of the sitting.



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5. Government and Public

Minister talks with citizens

The Rules of Procedure of the Government of Montenegro regulates the issues relatingto the openness of the government work. The Government informs the public of its workand its decrees, conclusions and positions taken, as well as of the important issues it con-siders or will consider. The Government informs the public through public releases, pressconferences, interviews, talks with the media representatives or in some other manner.

Competent deputy prime ministers and the line minister designated by the PrimeMinister are entitled to give statements from the government sittings to the publicadditionally to the Government Bureau for Public Relations.

The foregoing provisions reflect that the level and the method of availability of infor-mation depend exclusively on the Government, unless other regulations provided forcertain exceptions. Nevertheless, such exceptions relate to the important aspects ofthe Government work or to the secondary legislation passed by either theGovernment or individual line ministries, as well as to the appointments and/or nom-inations of senior managing persons and to other decisions that must be published inthe Official Gazette of Montenegro.

The activities of the Public Relations Bureaux are related to informing the public of thework of the Government and other state administration authorities, marketing activitiesaimed to presentation and promotion of the work and projects of the Government andother state administration authorities (via press releases, newsletters, publications andother printed materials, video and audio materials and others), along with monitoringand analysis of ways of informing the media of the work of the Government and otherstate administration authorities, as well as the coordination with the media, internalcommunication and taking care of photo and film documentation.

The Government publishes the information of its work on its own Internet presentation.



Internet portal of Montenegrin Government – www.gov.me

In addition, the Government is obliged to make its work available to the public, in accordancewith 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 administrationauthorities is open to the public. At the same time, the citizens also have access todata, documents, reports and information of the state administration authorities,except in cases determined by the law, when the disclosure of the data would repre-sent a violation of a duty to keep the secret (state, military, official) relating to the pro-tection of security and privacy of citizens. The state administration authorities presentthe information of their work via technical means, brochures and the media. The stateadministration authorities are obliged to designate a person to issue reports, informa-tion and data on the exercise of affairs from the jurisdiction of the authorities. Thesepersons or civil servants are responsible for the accuracy and timeliness thereof.

Acts relating to particular natural and legal persons are available only when thereexists a legal interest related to a judicial or other procedure in which a citizen is toexercise his/her rights, obligations and legal interest.

Any deprivation or denial of the request of a citizen from an authority to access theact, it must be justified in writing. At the same time, a citizen must be granted the rightto file a petition to an authority supervising the work of the state administration author-ity, which deprived him/her from accessing the information.

The state administration authorities are obliged to provide their clients with a book or abox for complaints or other means to facilitate the clients to impart objections and com-plaints on the work of state administration authorities or an inappropriate attitude of civilservants. A state administration authority is obliged to reply in writing to the complainerwithin 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. Stateadministration authorities are obliged to furnish required data, information and expla-nations to citizens, and offer them professional assistance. The obligation of the stateadministration authorities to prepare necessary forms and to post the standards ofproceeding 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 hoursfor 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 mustbe indicated at a convenient location in the respective building, while the name andsurname of a civil servant and the description of affairs he/she officiates must be indi-cated at the entrance of official premises.



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Ministries and administrative authorities, when organizing consultations or otherforms of professional treatment of issues from their scope of work, are obliged toannounce and enable the media to monitor the work, consultations or other form ofprofessional treatment of an issue.. All the obligations deriving from to the publicity of work of state administration author-ities also relate to local self-government authorities and other legal persons whenperforming delegated or entrusted affairs of state administration.

Government Press Centre

5.3. PUBLIC DISCUSSION

Public discussion is a very efficient mechanism of involving the citizens, interestedauthorities, scientific and professional institutions and non-governmental organizationsin 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 indrafting regulations and developing state policies, and in the comparative practice it rep-resents 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 termsof having precisely defined situations when the conduct of public discussion is nec-essary. The Government itself is given to decide if the procedure of passing a certainlaw or other regulation requires the conduct of the public discussion. In that case, theGovernment adopts a draft law or other act and defines the agenda for the discus-sion, authority to conduct the discussion and deadlines for holding thereof, which maynot be shorter than 15 days.

A minister, under whose ministry a law governing the rights, obligations and legalinterests of citizens is prepared, is obliged to publish the text of the draft law in thepreparatory phase in the media and to use that opportunity to refer the invitation toall interested stakeholders to submit objections, proposals and suggestions. The min-ister may also decide that a public discussion is held also during the process ofpreparation of other pieces of legislation.

After completing public discussion, the proposer of the law submits to theGovernment 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 toincreasing the openness of the government authorities to citizens. The Law definesthat the access to information in the possession of government authorities is free andthat every domestic and foreign legal and natural person has the right to access toinformation. Access to information is ensured to the persons with disabilities in themanner and form that suits best their needs.

The right to access to information includes the right to seek, receive, use and dissem-inate the information in the possession of state authorities.

The authorities are obliged to draw up guides for access to information. These guides, infact, present an overview of the types of the information in the possession of the stateauthorities, including also public registers and public records, the data on the procedure foraccess to information, names of persons authorized to act upon any request for access toinformation 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 endangernational security and defense or international relations, public safety, commercial andother private or public economic benefits; economic, monetary and foreign exchange pol-icy 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 admin-istrative proceedings); the procedure of processing and passing official documents.

The procedure for access to the information is initiated upon the request of any per-son requiring such access. The request is submitted in writing, directly, by mail or bye-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 wouldlike 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 with-

in 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, photo-copy 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, orwithin 8 days at latest from the submission of the request. Any resolution determinesthe manner and the deadline to access the information, and the costs of the relatedprocedure 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 instancestate authority. If such an authority does not exist, an administrative dispute may beinstituted against such resolution.

It is necessary to note that an applicant requesting free access to information is notentitled to ask from the state authority to compose the information, but to ensureaccess to the existing information in the possession of that authority.

Prime Minister gives a press release



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 theParliament for running internal and foreign policy of Montenegro and for the enforce-ment 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 ofthe Government, which can be divided into permanent and temporary mechanisms.



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6. Government andParliament

Plenary Hall of the Montenegrin Parliament

6.2. STANDING TOOLS FOR PARLIAMENTARY OVERSIGHT OVER THEEXECUTIVE

Permanent tools for parliamentary oversight over the work of the Government arestanding 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 theParliament. Each committee has a chairperson and certain number of members,while the composition of a committee, as a rule, corresponds proportionally to num-ber 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, and11) Administrative Committee;

The Rules of Procedure regulates everything that falls within the scope of work ofeach committee.



Detail from the Parliament

6.3. TEMPORARY TOOLS OF PARLIAMENTARY OVERSIGHT OVER THEEXECUTIVE

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 ques-tion and to receive an answer, with the goal to gather necessary information on cer-tain questions about the work of government or implement certain policies.Parliamentary questions (MPs questions) are posed at a special sitting of parliamentthat 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 beforethe sitting, while this deadline may be even shorter. The quorum is needed for thework of the sitting.



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Sitting of the Montenegrin Parliament – MPs questions and Prime Minister’s Hour

The first part of the sitting, known as the Prime Minister’s Hour, is dedicated to pos-ing 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 besubmitted in writing to the Speaker, at least 48 hours prior to the sitting, and it mustbe explained.

Prime Minister, minister, or other authorized representative of government answersthe MP question orally right after the question is posed or at the end of the same sit-ting. On the explicit request of an MP who posed the question or an official whoanswered 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 hasthe right to offer a comment to the answer and ask an additional question. After giv-ing an answer to the additional question, the procedure of answering an MP questionis concluded in accordance with the same procedure regulating MP question.

Namely, there is no debate or voting on MP questions. The purpose of parliamentaryquestions is to obtain the information relating to certain issues, which could be pos-sibly used for the questioning of political responsibility of the government in the par-liament.



Prime Minister during PM hours

6.3.2. Interpellation

According to the Constitution, the interpellation for debating certain issues related tothe work of Government may be submitted by minimum 27 MPs. It is submitted inwriting and must be explained. Having received the interpellation, the Speaker ofParliament delivers it to MPs and Government.

The Government may consider the interpellation and submit to the Parliament a writ-ten report with its opinion and views on interpellation, no later than 30 days from theday of the receipt of the interpellation.

After delivery of the Government’s report to parliament, the Speaker of Parliamentdelivers it to MPs. Therefore, the interpellation is placed on the agenda of the first sit-ting of Parliament.

If the Government does not submit a report, the interpellation is placed on the agen-da of the first sitting of Parliament after the expiration of the deadline for submissionof the Government’s report. One of MPs submitting the interpellation is entitled toexplain it at the parliamentary sitting. On the other side, the Prime Minister or anauthorized representative of the Government is entitled to explain the Government’sreport on the interpellation, or, if the report has not been submitted, may orally answerthe interpellation.

The debate on the interpellation may be closed by making a conclusion on issues ini-tiated by the interpellation, although it is not but may also be closed without makinga decision. After the debate, a proposal for voting no-confidence in Government maybe submitted.



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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 entireGovernment, through which MPs ask for the answers on certain facts, clarification of certain gov-ernment 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 govern-ment and the opposition, interpellations are designed to provoke comprehensive debate on anissue or a particular case of ministerial neglect.

In Germany, both written and oral forms of interpellations exist. The latter form termed “major inter-pellations,” are concerned with matters of general political importance and are intended to bringabout a public debate. In contrast, “minor interpellations” seek detailed information on a specificpolicy issue. Both forms must be signed by a parliamentary group of at least 34 Members. InIndonesia, at least 10 legislators from two party factions are required to file an interpellation. InBelgium, a single legislator may file an interpellation.

(Strenthening Legislative Capacity in Legislative - Executive Relations, NDI Washington DC2000 p. 28)

6.3.3. Parliamentary hearings and inquiries

Parliamentary hearings and investigations may be organized in competent commit-tees in order to obtain information or expert opinions on a proposal for an act in par-liamentary procedure, to clarify certain solutions from proposed and existing acts, andto clarify certain issues significant for preparing the proposal for the act, as well as formore 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 timeperiod, engage scientists and experts for specific areas, representatives of state authoritiesand nongovernmental organizations, who do not have the right to decide. The purpose ofthese hearings is to obtain necessary information and expert opinions, particularly on pro-posed solutions and other issues of special interest for the citizens and the public.

Likewise, a committee may organize control hearings to which it invites responsiblerepresentatives of Government or other state administrative authorities. The goal ofcontrol hearings is to clarify certain ambiguities, dilemmas or disputes related todetermining and implementing policies and laws or other activities of Governmentand state administration authorities.

and ask them to clarify these issues (hereinafter, control hearing).The committeemakes the decision to engage scientific and expert consultants.

In order to accomplish its tasks, a committee may form special working groups inwhich scientific and expert consultants can be engaged.



Prime Minister, Deputy Prime Ministers and ministers at a parliamentary sitting

The committee chairperson notifies the Speaker and Deputy Speaker of Parliament upondecision for a control hearing and invites, in writing, a person to the hearing, informshim/her about issues that are subject to the hearing. The committee chairperson mayalso 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 theinvitation for the control hearing.

During the control hearing, committee members may pose questions to the personinvited to the hearing, only in connection with the subject to the hearing. Discussionmay also take place if it is necessary to clarify concrete issues.

As a rule, the control hearing is recorded phonographically and transcribed into ver-batim notes. The committee composes and submits to Parliament a report on thecontrol hearing, which contains the substance of the presentations and may also pro-pose the adoption of an appropriate conclusion or another act.

Parliamentary investigation may be opened in order to analyze the situation in a spe-cific area and consider issues of public significance, obtain information and facts oncertain occurrences and events related to establishment and implementation of poli-cies and work of the competent authorities in these areas. The parliamentary inves-tigation may serve as the basis for further decision-making in Parliament on politicalresponsibility of public officials or undertaking other procedures within its compe-tences.

The Parliament may, at the proposal of minimum 27 Members of Parliament, estab-lish an inquiry committee in order to collect information and facts about the eventsrelated to the work of the state authorities. The chair of the inquiry committee is elect-ed from the ranks of the opposition MPs.

The Speaker immediately informs the Minister of Justice on the proposal for a parliamen-tary investigation and establishment of an inquiry committee. In addition, he asks theMinister whether or not there is an ongoing court trial on the same facts/issues that arethe subject to the parliamentary inquiry. If the Minister confirms that there is an ongoingcourt proceeding, the voting on the proposal is postponed until the termination of thecourt 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 theright to ask for data, documents and information from state authorities and individualorganizations, as well as to take statements from individuals. The contacted authori-ties, 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 toParliament a report that may include a proposal for appropriate measures or actswithin Parliament’s jurisdiction. The inquiry committee ceases its work on the daywhen Parliament decides on its report or upon the expiration of the deadline for whichit was established.



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6.4. MECHANISMS FOR QUESTIONING POLITICAL RESPONSIBILITY OFGOVERNMENT IN PARLIAMENT

A classical tool for questioning political responsibility of Government in Parliament isa proposal for a no confidence vote in Government.

The proposal for a vote of no confidence in Government must contain the reasons forproposing the vote of no confidence. The Speaker of Parliament immediately deliversthe proposal to MPs and Prime Minister.

The debate on the proposal is opened at the parliamentary sitting. At the beginningof 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 onno-confidence in Government. The voting is open to the public. If Government losesconfidence, 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 thesame as in case the proposal is asked by MPs.



Detail from Parliament

PUBLIC RELATIONS BUREAUX

Telephone: +382 20 482 848 E-mail: [email protected] 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: [email protected] Fax: +382 20 482 923

DEPUTY PRIME MINISTER FOR POLITICAL SYSTEM, INTERIOR AND FOR-

EIGN POLICY

Svetozar MarovićTelephone: +382 20 482 821, E-mail: [email protected] Fax: +382 20 482 925

POTPREDSJEDNIK VLADE ZA EKONOMSKU POLITIKU I FINANSIJSKI SIS-

TEM

Professor Vujica Lazović, PhDTelephone: +382 20 242 973E-mail: [email protected]

Media representatives are to submit their requests for accreditation for following theevents in the organization of Montenegrin Government to the Public Relations Bureauvia telephone: +382 20 482 848 or via e-mail: [email protected]. Public Relations Bureaudoes not issue standing or periodical accreditations, instead it is necessary to submita new request for accreditation for each individual event.



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7. Contact information

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 027Address: Rimski trg 46

MINISTRY OF TRANSPORT, MARITIME AFFAIRS AND TELECOMMUNICATIONS

Telephone: +382 20 234 179Fax: +382 20 234 331, 234 342Address: Rimski trg 46

MINISTRY OF TOURISM

Telephone: +382 20 482 145Fax: +382 20 234 168Address: Rimski trg 46



Official entrance to building of Montenegrin Government



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MINISTRY OF SPATIAL PLANNING AND ENVIRONMENTAL PROTECTION

Telephone: +382 20 482 112, 482 113Fax: +382 20 234 131Address: Rimski trg 46

MINISTRY OF FINANCE

Telephone: +382 20 242 835, 224 581Fax: +382 20 224 450 Address: Stanka Dragojevića 2

MINISTRY OF FOREIGN AFFAIRS

Telephone: +382 20 482 790, 201 551Fax: +382 20 224 670 Address: Stanka Dragojevića 2

MINISTRY OF CULTURE

Telephone: +382 20 231 540Fax: +382 20 231 547 Address: Vuka Karadžića 3

MINISTRY OF DEFENSE

Telephone: +382 20 483 106, 224 627Fax: +382 20 224 702 Address: Jovana Tomaševića 29

MINISTRY OF AGRICULTURE, FORESTRY AND WATER MANAGEMENT

Telephone: +382 20 482 109 Fax: +382 20 234 306Address: 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 100Fax: +382 20 410 101Address: Vaka Đurovića bb

MINISTRY OF LABOR AND SOCIAL WELFARE

Telephone: +382 20 482 148, 482 443Fax: +382 20 234 227Address: Rimski trg 46

MINISTRY OF INTERIOR AND PUBLIC ADMINISTRATION

Telephone: +382 20 242 229, 241 590Fax: +382 20 246 779Address: Bulevar Svetog Petra Cetinjskog 22



MINISTRY FOR HUMAN AND MINORITY RIGHTS

Telephone: + 382 20 482 129, 482 127 Fax: + 382 20 234 198Address: 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 PublicRelations Bureau via filling in an online form on the official web portal of MontenegrinGovernment (www.gov.me/kontakt).

Center for Democratic Transition(CDT) is an NGO that works to estab-lish political and other conditions forbuilding a civic society, knowledgesociety and society of equal chancesthrough promotion of democratic val-ues and traditions.

CDT offers support to state institu-tions in their efforts to achieve demo-cratic standards and connect with cit-izens with the aim to create a systemin which the state is citizen serviceand a transparency of institutions andfull respect for the law are of essen-tial 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 ofCDT Managing and Supervisory Board. Managing Board appoints the ExecutiveBoard. CDT network has been developed over the last 10 years. In our practice,Montenegro is divided into 4 regions managed by regional coordinators. Eachmunicipality has its own municipal coordinator. Currently, our network comprisesabout 5 000 people who are registered in our database.

Ongoing CDT programs and projects, and emerging activities are divided into threefollowing policy areas:

1. Representative Democracy - includes CDT projects and activities related to theelection processes and aims to improve the electoral system and achieve demo-cratic standards of transparency, representation, pluralism, accountability and cit-izen participation.

2. Good Governance – includes CDT activities aimed at achieving standards ofgood governance in state institutions through increasing transparency and effi-ciency of their work and better cooperation and communication with citizens andcivil society.



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8. About CDT

CDT

3. Civil Society – includes CDT activities aimed at training and organizing the civilsociety and promoting activism and cooperation among citizens and non-govern-mental organizations.

Besides basic policy areas, our projects are supported by the Research Centre andPublishing Department.

CDT’s headquarters is in Podgorica.



Web page of the Center for Democratic Transition – www.cdtmn.org



Zapisnici sjedinca Vlade Narodne Republike Crne Gore 1945-1951 (The minutesfrom 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 (LegalSources 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 prak-

tičnu primjenu (Guide through Free Access to Information Law with forms forpractical use) M. Bošković, Z. Pažin, Podgorica 2006.

Zakon o državnoj upravi (Law on State Administration), Sl. list RCG, br. 38/03 iSl. list CG, br. 22/08

Zakon o državnim službenicima i namještenicima (Law on Civil Servants andEmployees), Sl. list CG, br. 50/08 i 86/09

Uredba o organizaciji i načinu rada državne uprave (Decree on Organization andWork of State Administration Authorities), Sl. list CG, br. 59/09 i 15/10

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9. Sources and literature



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

CIP – Каталогизација у публикацијиЦентрална народна библиотека Црне Горе, Цетиње

342.51(497.16)(036)

ČABARKAPA, MilanaGuide 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 - ВодичиCOBISS.CG-ID 16583440

Guide through the Government of Montenegro

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