Court Overturns Anti-Corruption Agency Decision on Assets
The Administrative Court has annulled a decision made by the Agency for Prevention of Corruption (ASK) concerning assets belonging to Milo Đukanović. The court found that the ASK had incorrectly applied substantive law. Specifically, the agency initiated and concluded a procedure in 2019 using the provisions of the 2024 Law on Prevention of Corruption. However, transitional provisions of this new law stipulate that procedures commenced before its enactment must be completed according to the regulations in force at the time of their initiation. This misapplication of law led to the annulment of the ASK's decision.
The Administrative Court's ruling highlights a critical procedural error by the Agency for Prevention of Corruption, specifically the retroactive application of a new law to a case initiated under older legislation. This suggests potential governance challenges within the agency, where adherence to established legal frameworks and transitional provisions is paramount for ensuring fairness and due process. Such errors can undermine public trust in regulatory bodies and necessitate a review of internal compliance protocols. Moving forward, ensuring that all agency procedures strictly align with the relevant legal statutes at the time of initiation will be crucial for maintaining institutional integrity and preventing future legal challenges.
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