In view of the prohibitions and restrictions laid down by the provision of Article 14 of the Law on the Prevention of Corruption (Official Gazette of Montenegro 54/24 of 11 June 2024), the Agency hereby informs the public that the law in question has been in force since 12 June 2024 and that it cannot be applied retroactively, considering the constitutional provision of Article 147 on the prohibition of retroactive effect of the law. The law can only apply to situations that have occurred after it entered into force, while the provisions of the law that was in force at that time are applicable to the previous period.

In that regard, we would like to point out as follows:

The functions of the President and Vice President of a Municipality are incompatible with the function of an MP because Article 14 paragraph 3 of the Law on the Prevention of Corruption sets out a restriction that a public official who performs work in state administration and local administration and local self-government bodies may not exercise the function of an MP.

The functions of the President and Vice President of a Municipal Assembly are incompatible with the function of an MP as the stated restriction is set out in Article 14 paragraph 3 of the Law on the Prevention of Corruption, considering that under the provisions of the Law on Local Self-Government the President and Vice President of a Municipal Assembly perform their work in a local administration body or a local self-government body.

Finally, the function of a councillorin a municipal assembly is not incompatible with the function of an MP as the stated restriction is not set out in Article 14 paragraph 3 of the Law on the Prevention of Corruption, considering that a councillor is a member of a municipal assembly, as a body representing the citizens, and under the provisions of the Law on Local Self-Government he or she does not perform his or her work in local bodies, but exercises his or her function as an elected representative of the citizens who participates in decision making. The assembly consists of councillors elected by citizens on the basis of free, universal, equal and direct suffrage, in accordance with the law governing the election of councillors and Members of Parliament.

The foregoing is supported by the provisions stating that local civil servants or employees shall perform their duties in a politically neutral and impartial manner, consistent with the public interest, and that they shall refrain from publicly expressing their political beliefs, as well as that a councillor cannot be held accountable for the opinion expressed, vote cast or word spoken in the exercise of the function of a councillor.