Group of States against Corruption publishes report on
Strasbourg, 14 December 2010 –
The Council of Europe’s Group of States against Corruption (GRECO) today
published its Third Round Evaluation Report on Montenegro, in which it
concludes that anti corruption legislation is not effectively applied and
that there is a pressing need to establish an independent monitoring
mechanism of political financing.
Regarding the criminalisation of corruption [hyperlink
to theme I report], GRECO recognises that, following a legal reform, the
criminal law of Montenegro largely complies with the
Council of Europe Criminal Law Convention on Corruption (ETS 173).
There are, however, several inconsistencies and ambiguities in key
elements of the bribery and trading in influence offences, such as the.
coverage of the term “bribe”, advantages intended for a third person, and
direct or indirect commission of the offence, which should be promptly
remedied in order to ensure coherent and vigorous enforcement of the law.
Indeed, in Montenegro, the real challenge lies with the effective
application of legislation: a sound track record of investigations and
convictions, including that of high level corruption, is to be accomplished
as a matter of priority.
Concerning transparency of party funding [hyperlink
to theme II report], GRECO acknowledges the steps taken to enhance the
transparency and financial discipline of political parties and candidates,
notably through the obligation to keep proper books, to open dedicated
political accounts, to appoint responsible persons for the management of
political finances and to submit financial reports and disclose private
However, the fundamental weakness in the system is a largely deficient
monitoring machinery which undermines the effectiveness in practice of the
relevant rules. There is a clear lack of responsibility of any public
entity, or combination of entities, for competent monitoring and compliance
with the laws.
A direct consequence of this deficient supervision is that no sanction
has been imposed to date for breaches of political financing regulations,
even though there are concerns that irregularities occur in practice with
respect, for example, to failure to submit financial reports, misuse of
public resources and acceptance of other in-kind types of contributions,
including media discounts.
The report as a whole addresses 14 recommendations to Montenegro. GRECO
will assess the implementation of these recommendations, in the second half
of 2012, through its specific compliance procedure.