28 Feb The GRECO’s Second Compliance Report of Fourth Evaluation Round on Montenegro
Group of States against Corruption (GRECO) published on 06.02.2020 its Second Compliance Report of Fourth Evaluation Round on Montenegro (on Corruption prevention in respect of members of parliament, judges and prosecutors in Montenegro), as adopted by GRECO at its 84th Plenary Meeting (Strasbourg, 2-6 December 2019), with the authorisation of the authorities of Montenegro. Fourth evaluation round examined following questions related to the prevention of corruption in respect of members of parliament, judges and prosecutors:
- Ethical principles and rules of conduct
- Conflict of interest
- Prohibition or restriction of certain activities
- Declaration of assets, income, liabilities and interests
- Enforcement of the rules regarding conflicts of interest
- Awareness.
The Second Compliance Report assesses the measures taken by the authorities of Montenegro to implement the recommendations issued in the Fourth Round Evaluation Report on Montenegro.
It is recalled that GRECO addressed eleven recommendations to Montenegro in its Fourth Evaluation Report. In the Second Compliance Report adopted in 2020, GRECO concluded that Montenegro has implemented satisfactorily eight out of the eleven recommendations contained in the Fourth Round Evaluation Report. Of the remaining recommendations, one has been partly implemented – i. adoption of a Judicial Code of Ethics, and two have not been implemented – ii. Independence of the Judicial Council and vii. Disciplinary Responsibility of Judges.
With respect to members of parliament, GRECO welcomes that adoption of the new Code of Ethics which includes training on parliamentarians’ integrity and ethics, on an annual and mandatory basis, and introduces a requirement for parliamentarians to sign a declaration on the non-existence of private interests before taking part in a decision-making process. GRECO encourages the authorities to implement effectively the procedure for complaining and initiating proceedings against the violation of this Code by parliamentarians.
As far as judges and prosecutors are concerned, some progress continues to be observed when it comes to providing guidance and counselling on the application of the Judicial Code of Ethics and conflicts of interest. However, it is alarming that no progress has been demonstrated as regards the composition and independence of the Judicial Council, nor in reviewing the disciplinary framework for judges. In this context, GRECO is particularly concerned by the decision taken by the Judicial Council to re-appoint five court presidents for at least a third term, which is not in line with its recommendations.
In view of the overall compliance with the recommendations the adoption of the Second Compliance Report terminates the Fourth Round Compliance procedure in respect of Montenegro. The authorities of Montenegro may, however, wish to inform GRECO of further developments with regard to the implementation of the pending recommendations i, v and vii.
Read the Second Compliance Report of Fourth Evaluation Round here: https://rm.coe.int/fourth-evaluation-round-corruption-prevention-in-respect-of-members-of/16809a5bdd
References from the official webpage of GRECO