Largest government in history: Partitocracy stalls the Law on Government, political appointments take priority over reforms

Speaking to Portal ETV about the fact that Montenegro still does not have a Law on Government, attorney Veselin Radulović said that the legislation has not been adopted for the same reason it was not passed in previous years and decades.

- The Law on Government has not been adopted for the same reason it was not adopted in previous years and decades. Such a law would limit the room for the political bargaining that we have been constantly witnessing, especially after elections - Radulović said.

He emphasized that political parties, particularly those forming the ruling majority, have no interest in adopting legislation that would limit partitocracy, including the Law on Government.

- The very text of the Draft Law prepared by the Government demonstrates this, as it did not even attempt to reduce the scope for political bargaining by limiting the number of ministries to a reasonable level, retaining only those portfolios necessary for an efficient executive branch. It is therefore clear that the largest government in the country's history wants to preserve room for incompetent party appointees in the future as well - Radulović stated.

NO EUROPEAN STANDARDS WITHOUT REFORMS

According to Radulović, it is impossible to speak of meeting European standards and strengthening the rule of law without adopting high-quality laws on the Government and Parliament, as well as reforming the electoral system.

- Personally, I believe we cannot speak about fulfilling European standards and strengthening the rule of law until we adopt quality laws on the Government and Parliament and reform the electoral system in a manner that respects the Constitution, removes sovereignty from political parties, and returns it to the citizens. This is not in the interest of political parties, which is why these processes continue to be delayed - Radulović concluded.

POLITICAL CALCULATIONS AND PARTY INTERESTS

Ammar Borančić, an official of the European Alliance, shares a similar view. Speaking to Portal ETV, he said that the Law on Government is just one of several systemic laws that have been awaiting adoption for years.

- The Law on Government is only one of the systemic laws that have been waiting for years to be addressed, seemingly for two reasons. One is the obvious political calculations and the inability to satisfy the ambitions of all actors within this conglomerate, while the other is the unpreparedness of staff and lack of capacity of such a majority to undertake serious reforms - Borančić said.

He stressed that it is particularly concerning that, despite the warnings of the Venice Commission, some continue to „forget“ the role of the Parliament of Montenegro, which elects the Government and must therefore exercise the key oversight function over the executive branch as the direct representative of citizens and the highest authority in the country.

- That oversight must not depend on party calculations. It must be clearly defined, transparent, and accompanied by clear accountability of those exercising executive power - Borančić emphasized.

LARGEST GOVERNMENT IN HISTORY

According to Borančić, one of the key issues is limiting the number of government portfolios and ministries.

- Another major stumbling block is setting limits on the number of ministries, given that Montenegro currently has the largest government in its history, with as many as 32 members, twice as many as Germany or Italy. Recommendations suggest limiting that number to 15, which would clearly reduce the room for political deals and satisfying the demands of various parties. This is precisely why it is of crucial importance for Montenegro to establish such a limit as a legal norm, because the state cannot and must not become a plaything in the hands of any parliamentary majority. It should be a streamlined apparatus and an efficient service for its citizens - Borančić said.

VENICE COMMISSION CALLS FOR ADDITIONAL AMENDMENTS

It should be recalled that the Venice Commission assessed that Montenegro has substantially improved the Draft Law on Government but noted that several outstanding issues remain, particularly regarding constitutional compliance, the Government's accountability to Parliament, oversight of the Code of Ethics, and the status of Deputy Prime Ministers.

In its opinion, the Venice Commission concluded that Montenegro had significantly improved the Draft Law on Government but recommended additional amendments to ensure full compliance with the Constitution, strengthen the Government's accountability to Parliament, and provide more precise regulation of several issues essential to the functioning of the executive branch.