Abstract
Montenegro and the EU signed the Stabilization and Association Agreement committing the country to harmonize its legislation with the EU acquis communautaire. In reference to public administration, the Agreement’s provisions emphasize the development of an efficient and accountable public administration with the goal of modernizing the Montenegrin administration in line with standards and principles of the European Administrative Space. In 2003, Montenegro adopted the PARiM Public Administration Reform Strategy 2003-2009 with two priorities: institutional and legal consolidation of the administrative system and the harmonization of the existing legislation with European and international standards (EU, CoE, UN, OSCE). However, the PARiM project met resistance and was not fully realized. The following administrative reform strategy, called Agenda of Administrative Reforms in Montenegro 2011-2016 (AURUM), states that Montenegro is determined to become part of the European system of values and that public authorities should fully harmonize the national legal framework with the acquis communautaire. In the 2016-2020 Public Administration Strategy, it was noted that AURUM had achieved limited effects and that the EU candidate countries need to establish an effective and efficient public administration. With all the drawbacks and obstacles that the public administration reform in Montenegro faced and is facing, the adoption and implementation of the new Law on Administrative Procedure (2014-2017) opened up prospects that public administration reform to be achieved on Montenegro’s road to full EU membership.
Highlights
Montenegro is an independent post-Yugoslav multi-ethnic state in the Western Balkan region of Southeastern Europe, with a coast on the Adriatic Sea and bordering Croatia, Bosnia and Herzegovina, Serbia, Kosovo and Albania
Classified by the World Bank as an upper middle-income country, Montenegro is a member of the United Nations (UN), the World Trade Organization (WTO), the Organization for Security and Co-operation in Europe (OSCE), the Council of Europe (CoE) and the Central European Free Trade Agreement (CEFTA), the Union for the Mediterranean (UfM) and NATO
The previous opposite practice was the cancer-cell of many administrative procedures, in direct violation of the rights and legitimate expectation of the citizens. –– Electronic communication between the public authority and the party in an administrative procedure is a significant innovation in the new Law on Administrative Procedure (LAP). –– The new LAP has significantly reduced the provisions on hearings and presenting evidence in administrative procedures, with a simple and efficient analogy clause, which stipulates the use of the detailed provisions on this matter in the Law on Civil Procedure
Summary
Montenegro is an independent post-Yugoslav multi-ethnic state in the Western Balkan region of Southeastern Europe, with a coast on the Adriatic Sea and bordering Croatia, Bosnia and Herzegovina, Serbia, Kosovo and Albania. Podgorica is the capital and the largest city, while Cetinje has the status of the Old Royal Capital. Classified by the World Bank as an upper middle-income country, Montenegro is a member of the United Nations (UN), the World Trade Organization (WTO), the Organization for Security and Co-operation in Europe (OSCE), the Council of Europe (CoE) and the Central European Free Trade Agreement (CEFTA), the Union for the Mediterranean (UfM) and NATO. On the basis of an independence referendum, Montenegro declared independence in 2006, and after adopting a new constitution in 2007 it became ‘Montenegro – an independent and sovereign state, with the republican form of rule; a civil, democratic, ecological and state of social justice, based on the rule of law’ (Constitution of Montenegro, 2007)
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