The Administrative Court annulled the decision on the dismissal of Zoran Brdjanin

The Administrative Court annulled the decision on the dismissal of the former director of the Zoran Brđanin Police Management Board.

The sporeland is full of jeressions, which means that the case will not be returned to the decision-making of the Montenegrin government.

Namely, the judgment of this Court of the year was annulled by the previous decision of the Government of Montenegro from 30.03.2023. year, which the prosecutor, the director of the Police Administration, ceased the mandate, and the case returned to the Government of Montenegro on the re-procedure. The government's duty was to re-proceeding, in accordance with the legal understanding and remarks of the Court from the verdict, bring a new, lawful solution. After that verdict, the Minister of the Interior is the Government of Montenegro on 03.08.2023. He filed a new proposal for the termination of the prosecutor before the expiration of the Prosecutor, as the reasons for the termination of the prosecutor, was stated that the Special State Prosecution licked the freedoms of several police officers of the Police Management Board, including V.D. Assistant Police Director for the Crime Sector, due to the existence of suspicion that they made crimes in the field of organized crime and corruption, and that the National Security Council has stated that the situation in the security sector is, poorly, bad, bad What it is necessary to make personnel, organizational and other changes in the purpose of building integrity and establishing confidence in citizens and international partners, the Ministry informed the Ministry of the Director of the Police Directorate, which, in opinion The minister, he has considered the assumption that the reports were not accepted. Finally, the Government of Montenegro is at the session held on 03.08.2023. year, respecting the reasons of the Minister of the Interior, adopted the disputed decision by applying Article 16 of the Law on Internal Affairs and Articles 60, paragraph 1, paragraph 1 of the Law on State Officers and Staff - the explanation of the Administrative Court.

As stated, it was determined that the respondent Government of Montenegro again brought the same decision, neglecting the reasons and legal understanding of the court expressed in the judgment of 06.06.2023. In this way, in this way, he acted contrary to the provisions of Article 56, paragraph 2 of the Law on Administrative Dispute.

The Administrative Court of Montenegro has found that the Police Directorate is not an independent body administration, in the Ministry of the Interior, in accordance with the provision of Article 9, paragraph 2 of the Law on the Internal Affairs and the Provision of the Organization and Mode of State Administration. Given that the provision of Article 16, paragraph 1 of the Law on Internal Affairs, the Property of the Director of the Police Directorate and the provisions of the Law and the Law on State Officers and Starisists, means that the Director of the Police Management Mandate can stop Before the expiration of the time on the basis of the provisions of Article 16 of the Law on Internal Affairs and Article 60, paragraph 1, 5 and paragraph 2 of the Law on State Officers and Statekeepers. It is indisputable that in the specific case, the circumstances representing the reasons for the prosecutor's dismissal, under Article 60, paragraph 2 of the Law on State Officers and Staff (that he was convicted of a criminal offense that makes him unworthy of state in the state The authority, that the executive decision was imposed by a disciplinary measure to terminate employment and in other cases prescribed by special law) - stands in the statement.

The Court found that the Police Directorate for the Security and Defense of the Parliament of Montenegro submitted two reports on the fight against organized crime and corruption, which were not the subject of consideration at the board sessions. This means that no condition referred to in Article 16, paragraph 3 of the Law on Internal Affairs for the Procedure of the Police Director, as the reports in question were not part of the agenda at the board session, nor were the subject of consideration.

Conclusion of the Government of Montenegro that the fact that the Board of the Reports did not take the assumption within a reasonable time that he did not even accept them, is absolutely unacceptable and extremely arbitrary, as it is exclusive to accept, ie not accepting the Director of the Management Board Police, and this means, in the procedure regulated by the Rules of Procedure of Montenegro (Articles 69 - 71 of Rules of Procedure in Committees) - stated in the statement of the Administrative Court.

Other reasons, according to the proposal of the competent minister, is nominated as a crucial for the mandate prosecutor before the expiration of the time was set, also not legal reasons for the termination of the mandate before the expiration of Article 16, etc. from Article 60 Paragraph 1 of the Law on Civil Servants and Statekeepers.

All of the above was the reason for the court to discuss the disputed legal thing in the whole and decides the meritorious, in the dispute full of jurisdictions, in accordance with the provision of Article 36, paragraph 3 of the Law on Administrative Dispute, and as illegally, the elimination from the legal transport, ceased the legal force of an innovated proposal of the Minister of the Interior, because The same divides the legal destiny of the undone solution.

POBJEDA