Analysis of the Institutional Independence of the Anti-Corruption of Montenegro and the Regime for Whistleblowers’ Protection

Knežević Bojović, Ana (2025) Analysis of the Institutional Independence of the Anti-Corruption of Montenegro and the Regime for Whistleblowers’ Protection. CIDS.

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Abstract

This analysis is aimed at supporting the efforts made by the new Montenegrin Government aimed at strengthening the towards advancing the existing anti-corruption law. In doing so, it will assess the compliance of the selected issues of the applicable Montenegrin Law on Corruption Prevention with relevant international standards and where applicable, identify areas where measures need to be taken to improve compliance and/or provide recommendations to that effect. Special attention shall be given to the issue of whistleblower’s protection. The protection of whistleblowers was introduced to the legal systems of Western Balkan countries under strong external conditionality demands, but had limited effects in practice. The Montenegrin legal system, unlike those of the neighbouring countries, does not include a separate law governing the protection of whistleblowers. Instead, this issue is regulated within the law governing the prevention of corruption, while the Anti-Corruption Agency is entrusted with dealing with whistleblowers. Consequently, as a part of the examination of the institutional independence and capacities, particular attention was given to the issue of protection of whistleblowers, both in regulatory and institutional terms. The analysis is developed with a view to relevant international standards governing corruption prevention and whistleblowers’ protection and relevant European Union (EU) legislation, the Montenegrin anti-corruption legal framework, publicly available reports on the work of ACA and interviews with ACA staff. The analysis is therefore structured in two parts, where the first part pertains to the institutional independence of the Montenegrin Anti-Corruption Agency (ACA), whilst the second part analyses the legal regime governing the protection of whistleblowers.

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