While Political Entities and Responsible Individuals Are Not Included as Misdemeanor Offenders in the Amendments to the Misdemeanor Law, the Agency for Prevention of Corruption Lacks Formal Prerequisites to Initiate Misdemeanor Proceedings Against Coalitions and Voter Groups.
UZOR’s analysis of the Law on the Financing of Political Entities and Election Campaigns, titled “Funding of Political Entities and Election Campaigns Under Scrutiny: Challenges and Solutions,” shows that the current legal framework does not provide adequate protective measures and penalties for circumventing the rules, limiting effective control over potential irregularities. The Agency for Prevention of Corruption is “tied hands,” meaning that even if there is a willingness to act, there is no way to initiate proceedings against coalitions and voter groups. The explanation is simple – the Misdemeanor Law does not recognize them as they do not have the status of legal entities.
It has also been noted that it is necessary to stop abuses created by non-cash contributions, which are part of almost every campaign, and thus the new legal solution must further restrict or completely eliminate this possibility.
UZOR recommends more precise regulations regarding the conditions, rules, and deadlines for political entities to borrow from banks and other financial institutions, to eliminate the space for arbitrary interpretation of the law and the emergence of “double standards.”
Although the Law on the Financing of Political Entities and Election Campaigns stipulates a limitation on hiring individuals on fixed-term contracts from the day of the election announcement to the election day, it is problematic that under the same conditions, contracts for performing temporary and occasional work that are not foreseen by the internal organization act and job classification are allowed, which contradicts the valid Employment Contract.
Additionally, companies in state ownership or local government ownership do not have a prohibition on hiring on fixed or indefinite terms, nor for contracts for services. Therefore, it is crucial to consider limiting the conclusion of contracts for services, while also specifying restrictions and obligations for these companies.
Given that the current law does not foresee misdemeanor liability, it is necessary to methodologically develop ways to control potential pressure exerted by political entities, legal entities, and individuals during the collection of contributions or any other activities related to the electoral campaign. Moreover, a system should be established that allows individuals under pressure to file a report with the Agency for Prevention of Corruption.
The current legal solution only addresses cases where a presidential candidate represents a specific political entity, but it is also necessary to define how to handle funds not transferred to a special account that concern candidates for the President of Montenegro who do not represent any political entity.
The complete analysis was prepared by UZOR as part of the project “Contributing to the EU Integration Process,” implemented in cooperation with the Center for Democratic Transition (CDT) with support from the Ministry of Foreign Affairs of the Republic of Italy.
Maja Nikolić, Program Manager of UZOR
