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06-Jun-2024
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Seven IBAR laws were adopted, almost all unanimously

AUTHOR: M.J.
Deputies voted seven out of 12 IBAR laws, almost all unanimously. Amendments to the laws on the Special Prosecutor's Office, on the State Prosecutor's Office, on the Center for Training in the Judiciary and the State Prosecutor's Office, on lobbying, on the Judicial Council and judges, on courts and amendments to the Code of Criminal Procedure were adopted. The IBAR laws are in question, important for obtaining a positive opinion of the European Commission on the rule of law in Montenegro.
A little before 5:00 p.m., the discussion continued on the Law on Confiscation of Property Gains from Criminal Activity, which expands the spectrum of criminal offenses on the basis of which property can be confiscated. According to the proponent, the law introduces new institutes of financial investigation.

Amendments to the Law on confiscation of property from criminals

During the discussion on amendments to the Law on Confiscation of Assets Gained from Criminal Activity, Minister of Justice Andrej Milović said that the law was drafted in accordance with the recommendations of the Venice Commission and the profession, and that it received a complete green light from the European Commission.

URA MP Miloš Konatar said that it is necessary to make stronger changes to the law so that the results are noticeable and not symbolic as in 2015. He believes that only cosmetic changes to the law are in order today, and that this is not a good way to confiscate property from criminals.

He called out Minister Milović for thinking that in 2023 the changes should be more radical.

"He wanted to propose the Italian model and said that the public will see when he is in the position how property will be confiscated from criminals. And that's how he got into the position, and instead of the Italian model, he offers Italian lemonade or limoncello. Still lemonade, quite watered down," he said.

He pointed out that he cannot understand that someone from the parliamentary majority praises this law.

Milović replied that he criticized the first version of 2023 because the Government adopted the version without respecting the opinion of the EC.

"You needed a solution before the elections, a law for marketing. You passed the solution without the EC and adopted the law so that you would have something to brag about in the election race," replied Milović.

He pointed out that after IBAR they are starting with the Italian model.

"I wish you good personal health and a long career, but you will need a lot of experience and knowledge to be able to get into a situation where you can compete with Dritan Abazović," Konatar said.

Democratic Montenegro MP Boris Bogdanović said that when the state confiscates suitcases full of money, criminals will be deprived of their power.

"Without suitcases full of millions of euros, their operations fall apart, and their power melts," he said.

He concluded that the plan of the law is to free the state from criminals and smugglers.

DPS MP Andrija Nikolić said that it would be fairer if the vote on the Resolution on Jasenovac was scheduled for today, and not after the decision on IBAR.

He pointed out that it is not wise to promise Aleksandar Vučić anything after IBAR.

"What Vučić did not do in Serbia in order not to sacrifice and compromise the European path, he volleyed on the parliamentary majority in Montenegro, which naively, and I'm afraid, inferiorly flew into the arms of that expectation," he said.

Nikolić said that DPS MPs do not have hidden bank accounts and that they are accessible to justice.

"You know that an EU member can at any moment use the mechanism to block us in some way," he said.

He pointed out that the MPs could not get to read the laws and that they are now brought before the fait accompli, that by not raising their hands for those laws, they could be marked as someone who is stopping Montenegro's path to the EU.

"We are available to justice, but not to the abuse of justice. We will strongly oppose selectivity in the application of justice," said Nikolić.

Supported the Judiciary Bills

After the vote, Mandić said that the Parliament adopted seven IBAR laws in the shortest possible time out of 12 laws that are important for our European path.

"I want the European Commission, which is meeting tomorrow, to know that by working hard, we made a key contribution to Montenegro's European path. We are continuing, we will finish work on the remaining five laws by tomorrow evening," said Mandić.

All 70 deputies who voted supported the changes to the law on the special prosecution.

With 58 votes in favor and three abstentions, the amendments to the law on the state prosecution were adopted.

With 70 votes in favor, the proposal to amend the Law on the Center for Training in the Judiciary and the State Prosecutor's Office was adopted.

As announced by chairman Andrija Mandić, the proposal to amend the law on the Judicial Council and judges was adopted with 70 votes in favor, no votes against and no abstentions.

The proposal for amendments to the Law on Courts was adopted with 70 votes in favor, no votes against and no abstentions.

Amendments to the Criminal Procedure Code were adopted with 68 votes in favor, no votes against and no abstentions.

With 69 votes in favor, no votes against and no abstentions, the Law on Lobbying was adopted.

Voting has begun

Statements on the laws began at 4:15 p.m.

Chairperson Zdenka Popović adjourned for five minutes.

Živković said that he doesn't know Katnić except "hello for hello", and that's all.

"I wouldn't have any need to announce about Katnić, because Katnić himself arrested more DPS officials than Novović," the head of DPS appreciates.

He said that in the context of the possible arrest of Milo Đukanović, he spoke about the politics of revenge. He emphasized that countless statements were seen that Đukanović should be arrested, before establishing any facts and circumstances.

Živković also said that he stands behind his words about the possible arrest of Đukanović, and that he is ready to respond in this regard if there is a call from state authorities. Let us remind you that Živković said earlier that "he is ready for a radical response" if they go to arrest Đukanović.

DNP leader Milan Knežević said that after hearing Živković, the question arises as to whether he has been released from pretrial detention.

"Did Vladimir Novović arrest Milo Božović, the mayor of Budva. He has been in custody since last year. Is it revanchism that Milivoje Katnić is still in prison. When you talk about revanchism, look around you first," said Knežević.

He stated that he does not wish for anyone to be arrested, but for the rule of law to show its strength.

"Do you identify yourself with the criminal proceedings against Katnić and Zoran Lazović. They are not accused of breaking into a tobacco shop, but of serious crimes," said Knežević.

Danijel Živković (DPS) said that abuses are obviously happening when it comes to investigative bodies. On the scene, he said, is an attempt to criminalize the DPS of Montenegro.

"The question arises whether there is even a single criminal offense that occurred after August 30, 2020. We from the DPS have filed over 70 criminal reports for criminal offenses, but there is no response from the prosecution. On the other hand, we saw that one media "Sky publishes the correspondence, and already today the arrest of one of the actors is happening. And later someone says that the arrests are not announced in the media," said Živković.

He stated that the proposed legal solutions were brought in haste, and that a good path was not chosen.

"You can arrest all of us, but not the idea. The more you press us, the stronger we are," said Živković.

As announced, the proposed laws in the field of justice will be voted on around 4:00 p.m.

Minister MIlović announced that after the IBAR law, work continues on other important regulations, especially when it comes to the law on the legal profession and the law on notaries.

Boris Mugoša (SD) notes that the real question is how to solve the fundamental issues of the rule of law and social justice, and only getting IBAR is a good step forward, but it is not a solution to all problems.

Ervin Ibrahimović (BS) said that he supports the adoption of the law, stressing that the capacities of the Special Prosecutor's Office should be strengthened.

Democrat MP Momčilo Leković said that the proposed set of laws should advance the work of the prosecution. He expressed his support for GST Vladimir Novović.

"Strong institutions are the best barrier against any abuses," said Leković.

Nikola Zirojević (SD) said that the Special Prosecutor's Office is covering up the affairs of the current government. He said that the actor of the new Sky correspondence, Stevan Simijanović, arranged all kinds of criminal affairs in Montenegro, and he was hosted by the former prime minister.

"I suggest that we also get a popcorn machine in front of the plenary hall. We will need it, I can't wait to send off the epilogue of the new Sky correspondence with popcorn," said Zirojević.

After a short break, after 2 pm, the session continued.

Pejović and Abazović controversy

Boris Pejović (PES) said that Dritan Abazović, the leader of GP URA, misled the public, and that it was the leader of GP URA who went to a conference on cryptocurrencies, and then he did not talk about crypto paradise. He said that Abazović would never have been prime minister if it had not been for the votes of DPS.

"Right now, nobody from Europe, neither at the state nor at the local level, has formed a coalition with the DPS," said Pejović.

He said that Abazović accused PES of selling EPCG and fleeing the country...

"Eight months pass and here we are. Here we are, Mr. Abazović. You violated the Constitution and ran away from the elections. You are the only MP here who is on the Sky app. You make various constructions about the mafia and you are the only MP on Sky," Pejović said. .

He said that Abazović violated the constitution and laws, ran away from elections, that he voted with DPS and spoke at forums about cryptocurrencies.

"And now you are teaching us lessons. Everything you have for someone from PES, hand it over to SDT. Be specific. That everyone be prosecuted, from all parties, where there is a basis. That is the rule of law," said Pejović.

Abzović said that he is not against innovation, but he is against manipulation.

"Pejović, it's like you're under some kind of hypnosis. Yes, I've been on the stands both here and outside of Montenegro. I'm not against innovation. I supported giving citizenship to the founder of Ethereum. I thought it was good for marketing for Montenegro. But I am against manipulations and against the use of crypto machines when there is no permission for it," Abazović said.

He stated that the crypto machine that existed in Tivat during his government was sealed as illegal, and that members of PES, including the president of PES, came to the premises of the club where he was.

"You are manipulating. I understand your situation, I understand your nervousness," said Abazović.

The leader of the GP URA said earlier today at the session that the executive power is changing the law that made it possible to deliver the results and returning the prosecution to the era of Ivica Stanković and Milivoj Katnić.

"If it wasn't for that law, Katnić would still be at the head of the SDT, drug cartels would be protected," said Abazović.

Today, he said, Andrej Milović, the backbone of Milojko Spajić, is coming to the parliament, the man who was given the task of protecting criminals.

"That man came to tease us," Abazović appreciates.

Abazović said that there is an attempt to close the state parliament, and to pass key laws without consideration and the right to make changes.

"Everything has been seen and exposed," said Abazović.

Adžić said that the minister is deceiving the public, and that Milović cannot be part of any joint group with Novović.

"You even tried to fire Novović's first associate, but we exposed you," Adžić said.

He repeated that with new decisions the minister is endangering the chief special prosecutor.

Minister Milović said that according to Adžić and URA representatives, Vladimir Novović works against himself and for the interests of mafia structures. As he says, if Novović leads a group that works to return the mafia to decision-making positions, then "I am also part of that group."

"I look forward to continuing the accusations that Novović and the prosecutors work for the mafia. Montenegro clearly knows who is doing what," Milović said.

He stated that new Sky correspondences appear on Libertas, where "brother Abaz" is not mentioned but "curly".

"Why I'm not in those Sky correspondences where drug and tobacco deals are mentioned. Why Boris Pejović and Miodrag Laković aren't there. The others should be seen. The deception of the public is that I was excluded from the sessions of the Judicial Council by the Government's decision, which is already a European recommendation, in the context of relations two branches of government, so that the minister is not at the sessions," Milović said.

URA GP MP Filip Adžić said that the party will fight with all its might against the mafia and corruption. He stressed that the solutions offered in the bill represent a serious step back. He said that the proponents are endangering the work of Vladimir Novović, the chief special prosecutor.

"In many EU countries, the Prosecutorial Council does not exist or has different roles than it does here. The Government did not allow the Minister of Justice to attend the sessions of the Judicial Council because they themselves realized that he has nothing to do with justice and law," said Adžić. .

Minister of Justice Andrej Milović explained the proposed amendments to the Law on the State Prosecutor's Office.

Milović pointed out that the adoption of this legal solution was undertaken with the aim of strengthening the independence, responsibility and efficiency of the State Prosecutor's Office and the Prosecutor's Council.

He emphasized that the purpose of the amendments to this regulation is to improve the legal provisions related to the selection of state prosecutors and heads of state prosecution offices, their assignment and deployment, evaluation and ethical and disciplinary responsibility, the composition and work of the Prosecutor's Council, as well as the harmonization of this law with international standards and the recommendations of the Venice Commission and the European Commission.

"It will contribute to strengthening the independence, impartiality and responsibility of the judiciary," he pointed out.

According to Milović, the law is in line with the recommendations of the Venice Commission, and the European Commission issued an invitational opinion.

MP of Democratic Montenegro Boris Bogdanović said that SDT Vladimir Novović is the target of attacks only because he does not deal with trivial matters.

"Because humanity does not call it a crime and does not arrest protestors against the government and authorities and prosecutes them as perpetrators of the most serious crimes," Bogdanović said.

"In this country, with the help of individuals and groups, Novović became enemy number one only because he did not bend the knee before criminals and the mafia, but together with the security sector, he broke down the walls of impunity for persons protected for decades," said Bogdanović.

DPS MP Jevto Eraković said that there is a great political influence on the work of the prosecutor's office.

"We see the enormous political influence of politics to which the prosecution in Montenegro is subject," he said.

Eraković sent a message to the prosecutor's office to resolve all cases quickly and efficiently and that there is no need to postpone them indefinitely.

"Our message is that whoever has committed a crime against the law should be held accountable for it," said Eraković.

He pointed out that those who until yesterday were great opponents of the EU and NATO, today accept some conditions that would have been completely unacceptable before.

The discussion will be followed by a vote on the considered proposals for acts.

Support for the laws was announced at today's session by members of the Democratic Party of Socialists, the Social Democrats, the Europe Now Movement, the Croatian Citizens' Initiative, the Bosniak Party and the Democratic People's Party.

Laws discussed by MPs are required to obtain a Report on Assessment of Fulfillment of Temporary Benchmarks for Chapters 23 and 24 (IBAR).

Members of the Montenegrin parliament finished yesterday the debate on the law on lobbying, amendments to the Code of Criminal Procedure and the law on courts and on the Judicial Council and judges.

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