Bulletin of Democratic Leadership Electronic issue Quarter publication Number 16 April 2018 TABLE OF CONTENTS Introduction Interview: Mark Brnovich Judges must work on developing a better under- Dear alumni and dear friends of SDL, standing of the judicial and prosecutorial case law ..2 Nikola Rovčanin The sixteenth edition of the Democratic Leadership Professionalization of party cadres ....................3 Bulletin offers reviews of different segments of Mon‐ tenegrin society. Topics covered in this release are di‐ Zoran Mikić verse, from the situation in the judiciary, the new Law Facing the past – one of the great challenges of on Local Self‐Governments, dealing with the past, our time ..............................................................4 NATO integration to the story of anti‐fascism, jour‐ nalistic profession, cultural heritage and efficient use of energy. The value of this publication is precisely in Marija Mirjačić diversity and freedom. The space where numerous Antifascism has to be a state of mind ..............5 participants of the School of Democratic Leadership, now important actors on the socio‐political scene, Jovan Vučurović can look at all those topics that may not be so popular Letter on occupation – NATO and “principles” ..6 but certainly not even less important. With this publication, we want to hear and understand Danijela Lasica a different opinion and try to get closer to one's own. “Do not say a little in many words, but a great One of the ways in which SDL is trying to contribute to deal in few.” ........................................................8 the freedom of presenting opinions based on facts and in general to the culture of dialogue in Montenegro is Marko Radulović this Bulletin, the sixteenth which is in front of you. As Implementation of Law on efficient use we do through the School program. This year we started a program for a new, 16th generation, focused of energy ............................................................9 on working with political parties, the non‐governmen‐ tal sector and the media. This year's program was fo‐ Biljana Kecojević cused on the various aspects of negotiation chapters Cultural heritage – unexploited potential of 23 and 24 as the most demanding and the biggest chal‐ Montenegro ......................................................10 lenges in the integration process of Montenegro. The school constantly develops and adapts its pro‐ News from SDL ..................................................11 gram to changes and needs of Montenegrin society, but also prominent social actors. We remain commit‐ ted to it and open to all who share the same values. Sanja Rašović, Coordinator of SDL * Publishing of articles from the Bulletin is allowed with obligatory mentioning of the source Standpoints of authors published in the Bulletin do not necessarily represent standpoints of School of Democratic Leadership School of Democratic Leadership, st. Studentska, lamella 9, app. no. 5, 81000 Podgorica; supported by 1 tel/fax: +382 20 513 687; e-mail: offi[email protected]; www.sdr.gamn.org Electronic issue Quarter publication Number 16 April 2018 INTERVIEW MARK BRNOVICH Arizona Attorney General, USA [email protected] Judges must work on developing a better understanding of the judicial and prosecutorial case law Judges are managers of a courtroom and as such, need to be able to arbitrate proceedings utilizing court rules and proce- dures. Judges must also work on developing a better under- standing of the judicial and prosecutorial case law, and apply the precedents as uniformly as possible. What are your advises in the field of Judiciary and what could be in the focus of USA support to Montenegro in this field? Judges are managers of a courtroom and as such, need to be able to arbitrate proceedings utilizing court rules and procedures. Judges must also work on developing a better understanding of the judicial and prosecutor- ial case law, and apply the precedents as uniformly as possible. Exposure to similar justice systems and From your point of view and after few visits judges where these skills have been fine tuned, benefits to Montenegro what are the key challenges in the all parties seeking a timely and fair legal resolution. prosecutor's work in Montenegro? Additionally, respect for the Rule of Law requires the Transnational criminal organizations are operating in judicial branch be able to recognize and resist any form all areas of the world. Montenegro, like the United of unlawful pressure on the courts and prosecutors. States, understands prosecutors and investigators need Sharing best practices on anti-corruption efforts ben- training in methods of detection and prosecution efits both countries and their citizens. which allow them to build a record of criminal activi- ties. Criminals act without regard to borders. So the From your point of view up to which extent justice system needs to be equipped to tackle cyber are human rights and freedoms respected in Mon‐ crime, human trafficking and money laundering tenegro? where the effects of those crimes are felt. Having visited both government officials and law schools, I can remark on my impression that there is a strong commitment to hu - man rights and Constitu- tionally protected freedoms. Political divisions have ap- propriate forums for discus- sion and allow the country to continue to move forward with the development and uniform application of laws. Sanja Rašović School of Democratic Leadership, st. Studentska, lamella 9, app. no. 5, 81000 Podgorica; supported by 2 tel/fax: +382 20 513 687; e-mail: offi[email protected]; www.sdr.gamn.org Electronic issue Quarter publication Number 16 April 2018 NIKOLA ROVČANIN Democratic Montenegro, councilor in Pljevlja municipal assembly and member of Main board [email protected] Professionalization of party cadres ew Law on Local self-governance came to effect on secretariats, directions and departments in regards to N18 January 2018, bringing several changes. Despite the years of necessary professional experiences, making maintaining existing concept of local self-governance it “8 years on same or similar positions”, in comparison in regards to the one-instance model of the local self- to the previous “5 or 3 years on managing positions”. For governance and equal jurisdictions, questions arise their deputies, Law prescribes “4 years of relevant expe- whether the new solutions allow for improved founding rience or 2 years on managing positions”. For the posi- principles of the local self-governance system. Profes- tions of the advisor and inspector of I rank – 5 years of sionalism, accountability, transparency and efficiency relevant professional experience would be required, of municipal bodies remain the aims, but the imple- while for the position of senior advisor and associate 3 mentation of new Law cannot ensure delivery of satis- years would be required, all of which – within the ap- factory results. Namely, key problem is entrenched propriate level of professional expertize. In parallel to practice of employment of local civil servants on the the existing position of Manager, new Law prescribed grounds of their political party affiliation, which gave additional function – Chief City Architect, who will be rise to the discrimination in the area of employment in charge of the affairs regulated by the legislation on and introduction of big number of unprofessional but spatial planning and construction of objects. This posi- “appealing” cadres into the local self-governances. tion, apart of VII/1 level of education, would require 10 New Law promotes “professionalization”, but only within years of professional experience in the areas of urban- the ranks of those that have been previously employed ism and architecture. due to their political party affiliation. For all those that New Law would make the position of Speaker of the local hadn’t manage to enter the system of local administra- parliament – a professional one, with optional appoint- tion, conditions, i.e. the ladders – have been made higher. ments of deputy speakers, which are limited to 2 positions. Thus, through the formal professionalization – political However, the most relevant legal change is the period of cadres are becoming more protected, with additional appointment of the heads of municipal bodies, which has shield around them, in regard to the employment condi- been increased from 4 to 5 years, following the public tions, career advancement and carrying out their regular competition. This presents one of the solutions with pub- duties – which is not reachable for the majority of highly lic sector professionalization potential. When it comes educated cadres from the Employment Bureau. With to the interim heads of the municipal bodies – new Law such approach, state is giving up on the knowledge of the prescribes maximum duration for such arrangement to youth, which is waiting for their chance at the Bureau, 6 months. Municipalities should align their statues and and among them, I am sure – there are number of pro- other acts with new Law in the period no longer than 6 fessional people, ready to contribute to the more profes- months since Law came into effect, while the acts on in- sional work of local authorities, while advantage is on the ternal organization and systematization should be side of those already within the system. aligned by the 1 September 2018. The adoption of the new The goal of every responsible state should be to keep the Law placed out of the power – previous Law on Local educated locals, and to provide the best of them the op- communities. In addition, Law introduced significant portunity to integrate their knowledge with the public sys- novelties when it comes to more concise methods for tem and thus contribute to its better work. Unfortunately, convening the first sessions of new local parliaments, du- our state, within the context of professionalization of pub- ration of mandate, dissolution and shortening the man- lic sector, did not demonstrate attentiveness to make use date of the assembly, option for extending the mandate of resources of the youth, waiting for the employment. o the assembly in the extraordinary and emergency situ- E.g.