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Others – Montenegro Anti Corruption Institutional Framework

Others

Web: http://www.kontrola-nabavki.me/1/

Email: komisija@nabavka.gov.me

Permanence: Law on Public Procurement

Established: 2006

Structure: The Commission for the Protection of Rights in Public Procurement Procedures has a president and six members.

Competencies: to review complaints regarding violations of public procurement procedure and through the appeal procedure takes into account the possible existence of corruption and conflicts of interest

Appointment: by the Government on the basis of a public competition for a period of fiveyears and can be reappointed.

Web:  http://www.dri.co.me/1/index.php?lang=en

Permanence: Constitution and Law on State Audit Institution

Email: dri.predsjednik@dri.co.me

Established: 2004

Structure: The State Audit Institution of Montenegro is an independent and supreme body of state audit. The institution has a Senate and colleges. The Senate has five members. A member of the Senate is the head of the sector. The state audit institution is managed by the Senate, and the SAI Senate is chaired by the President.

Competencies: The State Audit Institution audits the legality and effectiveness of the management of state property and liabilities, budgets and all financial affairs of entities whose sources of funding are public or arise from the use of state property. The State Audit Institution submits an annual report to the Assembly.

Appointment: Members of the Senate are appointed and dismissed by the Assembly, at the proposal of the competent working body for affairs finance. From among the members of the Senate, the Assembly appoints the President for a period of nine years and the same person cannot be reappointed as the President of the Senate. The function of a member of the Senate is permanent.

Web: https://www.ombudsman.co.me

Email: ombudsman@t-com.me 

Established: 2003

Permanence: Law on the Protector of Human Rights and Freedoms

Structure: The institution is headed by a Protector of Human Rights and Freedoms (Ombudsman) and Deputies overseeing four areas such as: protection of human rights in proceedings before administrative and judicial bodies; protection from torture, right to liberty and security and a National preventive mechanism for protection against torture (NPM); protection of Child and Youth Rights and Welfare Rights; Protection against discrimination, vulnerable groups and Gender equality. Within the Institution, there is the Service of the Protector, which performs professional-research, administrative-technical and auxiliary tasks for the needs of the Protector of Human Rights and Freedoms of Montenegro as a single organizational unit.

Appointment: In the process of determining the proposal of the candidate for the Protector, the President of Montenegro consults with scientific and professional institutions and non – governmental organizations whose main activity is the protection of human rights and freedom. The Protector is elected by the Parliament of Montenegro by a majority vote of the total number of all members of the Parliament.

Competencies: to take measures to protect human rights and freedoms, when they are violated by an act, action or omission of state bodies, state administration bodies, local self-government bodies and local government, public services and other holders of public authority, as well as measures to prevent torture and other forms of inhuman or degrading treatment or punishment, and measures to protect against discrimination.

Web: www.ujn.gov.me/

Email: javne.nabavke@mif.gov.me

Permanence: Decree on changes and amendments to the Decree on organization and manner of work of the state administration

Established: 2006

Structure: headed by Director; divided into  Directorate for Normative Legal Affairs and Monitoring in Public Procurement, Directorate for professional training, advanced training and taking professional exams in the field of public procurement, Directorate for Monitoring the Public Procurement System and Management of Electronic Public Procurement and Directorate for Public Private Partnership.

Competencies:  continuously monitors the system, performing, inter alia, administrative and related tasks in the field of public procurement, mediates between procuring entities and bidders in resolving all issues related to the implementation of public procurement, conducts administrative supervision over the application of relevant legal regulations in this area with all the novelties related to monitoring the realization of the expected effects of EU regulations and standards on the system as a whole, establishes, maintains and manages  Montenegrin electronic public procurement, the first e-procurement system, overall coordination and supervision of the public procurement system, promotes the legal framework, continuously conducts professional training and development of employees of contracting authorities and other persons for public procurement, informs the inspection and other competent bodies on the observed irregularities in the public procurement procedures etc. Furthermore, the competence of the Ministry of Finance has been extended to the area of ​​public-private partnerships and concessions, which are regulated by special regulations.