Montenegro opens the way for integrity checks of future prime ministers and ministers

The Montenegrin parliament has paved the way for the introduction of mandatory integrity checks for future prime ministers and ministers by supporting, early this morning with a two-thirds majority, the initiation of constitutional amendments.

The initiation of the constitutional amendment was voted on after the ruling majority accepted the proposal of independent MP Nikola Janović that the future law regulating this check can also only be adopted by a two-thirds majority, and the Constitutional Committee is required to incorporate this provision into the Draft Amendment within four days.

This means that detailed rules for the check, after a possible constitutional change, cannot be prescribed or amended by a simple parliamentary majority alone.

The opposition voted against, but the constitutional amendments were supported by minority parties and independent MPs.

The vote after midnight, following several hours of parliamentary debate, with two votes more than the required two-thirds majority of 54 MPs, represents the first phase of constitutional reform, not the final constitutional change.

The essence of the reform is that the candidate for prime minister-designate, as well as candidates for ministers, must undergo a check to determine the risk of conflict of interest before being proposed.

A candidate who refuses the check or does not eliminate the established risk could not be proposed as prime minister or a member of the Government. The results of the check for the prime minister-designate would be submitted to the Assembly and published, and the same would apply to candidates for ministers.

It has also been proposed that a person who has been finally convicted of a criminal offense with an element of corruption cannot be president or a member of the Government.

In August, the Government initially proposed a broader constitutional rule according to which a person who does not meet the integrity requirements prescribed by law could not be a prime minister-designate or candidate for minister. In October, the text was clarified and narrowed to determining the risk of conflict of interest and its elimination, which was intended to address some objections that the vague concept of integrity could open the door to political abuse.

Deputy Prime Minister Momo Koprivica presented the reform as a preventive anti-corruption mechanism. The Government claims that a candidate would not be automatically eliminated merely by the determination of a conflict of interest risk, but only if that risk is not eliminated in the manner prescribed by law.

Democratic Party of Socialists (DPS) MP Aleksandra Vuković Kuč said that the DPS had never promised support for these amendments and warned that the decision to include the issue of integrity in the Constitution was made without consensus.

The Civic Movement URA and the Democratic People’s Party of Milan Knežević also declared themselves against, while part of the opposition and independent MPs supported the solution after the introduction of the additional two-thirds guarantee.

Deputy Speaker of the Assembly Boris Pejović said during the debate that the authorities consider time to be crucial because of the European agenda.

“We are in a hurry because citizens do not have time to wait,” said Pejović, accusing part of the opposition of delaying reforms that the authorities link to the closing of negotiation chapters with the European Union.

Key support was also provided by minority parties after negotiations with the parliamentary majority.

The Bosniak Party, Albanian Forum, Croatian Civic Initiative, Albanian Alliance, and Democratic Union of Albanians had previously demanded political guarantees for electoral law reform, including four guaranteed seats for Albanians and one for Croats, as well as amendments to the Law on Maritime Property.

Albanian Alliance MP Ilir Čapuni said before the vote that agreements had been reached on these issues and that minority MPs would therefore support the European reform agenda.

The leader of the Croatian Civic Initiative, Adrijan Vuksanović, also explained his support by the possible consequences of the failure of constitutional reform for the country’s European path. Thus, the ruling majority, together with minority and part of the opposition and independent MPs, reached the 56 votes needed for the process to continue.

The draft then goes again before all 81 MPs. To be adopted, at least two-thirds of all MPs, that is, at least 54, must vote for it again. If it receives that support, the Assembly is, under Article 156 of the Constitution, obliged to submit it to a public debate that cannot last less than one month.

Only after the public debate does the Constitutional Committee determine the final Draft Amendment, which is returned to parliament for another vote. A two-thirds majority of all MPs is also required for the final adoption of constitutional amendments.

This means that for the reform, after last night’s 56 votes “for,” two more successful two-thirds votes are needed before the new norms become part of the Constitution.

The constitutional reform is taking place at a time when Montenegro is trying to speed up the conclusion of negotiations on European Union membership.

The country has been negotiating since 2012, has opened all 33 negotiation chapters, and by October 12 of this year has temporarily closed 21.