However, the draft law still contains controversial provisions, as does the proposed Law on the National Security Agency, the Institute Alternative announced.
They recalled their key objections to earlier proposals for amendments to the law, which they still consider controversial.
"The draft law still stipulates that the Security Disturbances Commission, appointed by the Minister of Internal Affairs, has five members, three of whom are police officers, one employed in the internal control organizational unit and one from another organizational unit. We believe it is necessary to stipulate that the three members of the Commission who are police officers are appointed at the proposal of the Police Director, in order to ensure that the majority of members are appointed at the proposal of the Police Director, who is a professional," they said in a statement.
As they said, the provisions on conducting security checks have been partially specified, regarding the grounds for determining a security impediment, but the proposal to inform the officer of the existence of a security impediment, but not the reasons for its determination, is still maintained.
"We would like to remind you that our legal system still lacks a regulation of the procedure for determining security obstacles. There are no such provisions in the Law on the National Security Agency, and there is no special law regulating this procedure. Montenegro, unlike, for example, the Republic of Croatia, does not have a solid legal basis for conducting security checks, such as their special law, the Law on Security Checks," they said in a statement.
According to them, the provision extending the deadline for employment under a special procedure until the end of 2027 is in direct contradiction with the Operational Conclusions of the Special Working Group on Public Administration Reform between Montenegro and the European Union, which were adopted in November 2025.
As they add, the joint document contains operational conclusions that should be fulfilled by the end of the third quarter of 2026, as part of the criteria for closing Chapter 23 in the area of public administration reform.
"One of the conclusions is that Montenegro will ensure merit-based recruitment and selection of candidates in the state administration, including through "ensuring transparency and availability of data on the number of decentralized recruitments, in particular in accordance with the Law on Internal Affairs, and the re-establishment of centralized recruitment in this area." It clearly follows from the above that the extension of the duration of the special recruitment procedure directly affects the fulfillment of the criteria under Chapter 23," they assessed.
As they pointed out, the draft law on the ANB still stipulates that all ANB procurements – including those that are not of a security nature – are not subject to public procurement regulations, but exclusively to internal procedures determined by the Agency's director.
This, they add, abolishes the current system of differentiated procedures and opens up space for non-transparent, discretionary spending without external oversight, which represents a serious step backwards in terms of legality and fiscal responsibility.
"In terms of judicial review of the powers of ANB officers, this draft law represents a major step backwards. The draft law does not make any progress in relation to the problematic issues of judicial review and approval of the application of powers, which we have previously pointed out, together with other non-governmental organizations. While the current law stipulates that employment in the ANB can be established without public announcement, the draft law explicitly states that it is established without public announcement. Thus, what was previously a possibility that unfortunately was not used in practice, is now explicitly disabled," the Institute stated.
According to them, the ANB, unlike modern services in developed countries, will not hire based on public competitions, which keeps the hiring process within the framework of discretionary decision-making, on grounds that do not have to be based on merit.
"We also point out that the current Law stipulates the obligation of the ANB to report to the Defense and Security Council, the Minister of Defense and the Chief of the General Staff of the Army of Montenegro in accordance with the law, which we consider a better solution. The Draft Law stipulates that "when required by national security reasons, the Agency shall report to state bodies and state administration bodies on data related to their jurisdiction," they concluded.
