On 26 June 2026, the Government of Montenegro approved two related draft laws: the Draft Law on Amendments and Supplements to the Law on Prevention of Corruption (Predlog zakona o izmjenama i dopunama Zakona o sprečavanju korupcije) and the Draft Law on the Protection of Whistleblowers (Predlog zakona o zaštiti zviždača). According to the government’s statement, their adoption should bring national legislation into closer alignment with EU and Council of Europe standards, as well as strengthen preventive mechanisms in the field of anti-corruption.
Draft Law on Amendments and Supplements to the Law on Prevention of Corruption
One of the key changes will be the expansion of the scope of information that public officials must disclose in their asset and income declarations. In addition to information on real estate, movable property, securities, deposits, cash and financial obligations, the declarations would also have to include information on trusts, unregistered ownership of property, and digital assets, including cryptocurrencies, crypto wallet addresses and NFTs.
The document also proposes granting the Agency for the Prevention of Corruption (Agencija za sprječavanje korupcije) the authority to access banking data of public officials and members of their households as part of the verification of declarations, including information on deposit balances, account balances and account inflows. Such data may be used only to verify the information provided in the declaration.
The draft law introduces a mechanism for comparing declared assets with the actual financial position of an official and members of their household. If the difference exceeds EUR 50,000, the official will have to provide evidence of the lawful origin of the income and assets. Such verification may also be carried out in respect of former public officials.
Separate amendments concern conflicts of interest in the conclusion of contracts. In particular, a public authority will not be able to conclude a contract with a legal entity if such a contract serves, may serve or may appear to be aimed at satisfying the personal interests of a public official or a person related to them. In such cases, the provisions on the invalidity of transactions should apply to the contract.
The draft law also supplements the restrictions applicable to former officials after the termination of a public function: for two years, such persons would be prohibited from representing individuals or legal entities before the authority in which they previously held office in matters in which they participated in decision-making, as well as from using non-public information obtained in the performance of their functions.
In addition, according to the draft law, disciplinary sanctions are provided for violations of anti-corruption obligations, including dismissal from office. In certain cases, a person dismissed from office due to a violation of anti-corruption requirements will not be able to hold public office for several years.
Draft Law on the Protection of Whistleblowers
Provisions on the protection of persons reporting violations, including corruption-related violations, are proposed to be removed from the Law on Prevention of Corruption and placed in a separate legal act. The new law should regulate the procedure for reporting violations in a work-related context, the rights of whistleblowers and mechanisms for their protection, as well as the obligations of public authorities, employers and other persons when handling such reports.
The group of protected persons is proposed to be defined quite broadly. In addition to employees, it may include self-employed persons, shareholders and members of companies’ management bodies, volunteers, interns, persons working under the supervision of contractors, subcontractors and suppliers, as well as persons who have already worked for the relevant employer or are only awaiting employment, if the information was obtained during the recruitment process or pre-contractual negotiations.
The document provides for internal and external reporting channels, as well as the possibility of public disclosure in certain cases. The relevant channels must be accessible, easy to use, confidential and protected against unauthorized access.
The draft law also contains provisions on the protection of whistleblowers against negative consequences, including dismissal, disciplinary proceedings, refusal of employment, obstruction of promotion, deterioration of working conditions and other forms of retaliation in connection with whistleblowing.
If a whistleblower has suffered damage or there is a risk of such damage, they will be able to bring a claim for protection before a court. In such a claim, it will be possible to seek a prohibition of retaliatory actions, elimination of their consequences, compensation for pecuniary and non-pecuniary damage, as well as publication of the court decision.