Constitutional reform to prevent corruption: Government to draft special law responsibly and through dialogue

The state is not a private company owned by a public official, nor should public office be used as a business opportunity or as a means of protecting the private business interests of officials or persons associated with them. A final conviction for corruption should carry both a prison sentence and a ban on entering government, helping to cleanse and protect the system from corrupt individuals while providing an additional deterrent against corruption. This is the purpose of the constitutional reform.

Clearly defined rules, established in advance, on mandatory integrity checks prior to appointment will strengthen democracy by preventing the abuse of political trust.

The aim is to prevent conflicts of interest by requiring every candidate to make a choice: either to hold the highest positions in the executive branch or to do business with the state. They cannot do both at the same time. This serves the interests of citizens by safeguarding the impartiality of public officials.

By adopting the Government’s proposal to amend the Constitution, Montenegro has taken a decisive step towards closing Chapter 23 and sent a strong message of democratic maturity and commitment to European integration. A particular strength of the process has been the achievement of agreement on constructive proposals and ideas, both within Parliament and between Parliament and the Government, without mediation. This has demonstrated the democratic capacity of domestic institutions and the qualitative changes taking place in society.

Following a constructive proposal put forward by several opposition MPs, the Government adopted and submitted an amendment concerning changes to Article 91 of the Constitution. The amendment provides for a special law on integrity checks for the Prime Minister-designate and candidates for members of the Government to be adopted by a two-thirds majority. The law will further elaborate on the constitutional requirement for mandatory prior integrity checks. This demonstrates that our sole objective is to prevent conflicts of interest and corruption, rather than to pursue any subversive agenda.

The Government will approach the drafting of this legislation responsibly. It will be based on modern standards in anti-corruption and conflict-of-interest prevention. The special law should establish clear and precise rules governing the verification procedure itself, its scope and deadlines, the information essential for identifying conflict-of-interest risks, the content and legal consequences of the questionnaire and declaration, the involvement of external institutions in a supporting capacity, as well as transparency and safeguards against any arbitrary assessment.

We call on all parliamentary stakeholders to engage in dialogue and work towards the broadest possible consensus in order to strengthen full confidence in the institutions of the political system. Dialogue and consensus are the best way to ensure the most sustainable implementation of the reform.

This reform will prevent any recurrence of practices whereby public powers are used to advance private business interests or enrich officials and persons associated with them. The rules must not depend on who is in power; they must apply equally to everyone.

Montenegro is making strong strides forward. Through constitutional reform in the areas of the judiciary and corruption prevention, legislative reform in these fields, and the continued strengthening of institutional capacities, we are safeguarding equality and legal certainty for citizens while also creating a favourable environment for new investment.