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Montenegro

Proactive Publication of Information (ME0059)

Overview

At-a-Glance

Action Plan: Montenegro Action Plan 2018-2020

Action Plan Cycle: 2018

Status: Active

Institutions

Lead Institution: Responsible institution Line ministries The General Secretariat to the GoM Other state administration authorities

Support Institution(s): NA

Policy Areas

Access to Information, E-Government, Legislation & Regulation, Legislative, Open Data, Open Parliaments, Private Sector, Public Service Delivery, Sustainable Development Goals

IRM Review

IRM Report: Montenegro Design Report 2018-2020

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information , Technology

Potential Impact:

Implementation i

Completion: Pending IRM Review

Description

Proactive publication of information
Commencement and completion dates: January 2019 – August 2020
Responsible institution Line ministries The General Secretariat to the GoM Other state administration authorities
Commitment
The issue at stake Lack of targeted, well-systematised and usable data on the Open Data portal to enable business start-ups to access information and data helpful for starting a business and its market positioning. Integrity refers to lawful, independent, impartial, accountable and transparent exercise of duties by public officials and other public employees preserving their own and the institution’s reputation. Over the last 10 or so years the NGO Centre for Democratic Transition developed the openness index for executive, legislative and judicial authorities, as well as for local self-governments. The findings indicate that for many years the executive branch in Montenegro has been the regional leader in openness at the level of the Government, line ministries and other state administration authorities. Recently, however, we have observed some deteriorations in certain segments. There is no systemic monitoring in place for the implementation of the Guidelines for creating electronic documents in line with e-accessibility standards, developed by the MPA in collaboration with the Association of the Blind of Montenegro, and consistent with the Government commitments for protection of persons with
disabilities. On the other hand, there is still a limited accessibility of formats for persons with disabilities, thus restricting their access to administrative services.
Commitment This commitment implies the creation of more open data to foster intra- and inter-sector communications, particularly to provide better public information in various areas of public interest. A survey of business start-ups is needed to understand the type and structure of data to be posted on the open data portal that would facilitate the process of starting a business, add value at the market and share information with other stakeholders. Set up a separate section for start-ups as generators of future growth and strengthening of the MSME sector. To deliver on this commitment the amendments to the Decree on State Administration Setup and Method of Operation are needed to set the criteria/standards to have consistent openness of the executive branch horizontally and vertically in reference to: regular and consistent date publication and updates in the open data format, greater budget transparency, user-friendliness and accessibility. Public administration integrity and public trust in institutions will be enhanced through preparation and publication of electronically readable publications. Accessible contents at webpages of state institutions, i.e. e-services they offer and the e-document available online, are important steps towards digital equity. Legal review of free access to information provisions, with guides for improvements in terms of both legislation and implementation to be subsequently used for drafting amendments to the Free Access to Information Law.
How will it help address the issue Collection, classification and distribution of open data through a single centralised point ensures greater openness and new opportunities for citizens and businesses to create new value from the data available. By opening data, government fosters the development of creative businesses and knowledge-based economy, and in return it gets the feedback that can be used for improving data quality.
Availability of relevant data for business start-ups at a single place is an important resource for new entrants in the market, but also for those seeking jobs through autonomy and innovation. Such a database is needed to address that issue and serve as a firm foundation for promoting and fostering new business opportunities. Regulation of the matters affecting transparency of the government will contribute to its greater integrity, and the consistent implementation would respond to the needs of stakeholders, i.e. citizens as end users – to systematically publish data of general interest by unifying practices and standards for all state administration authorities. Availability of electronically readable government data is an additional indicator of its openness. The right to freely access information held by public authorities is an important aspect of a democracy. Citizens are entitled to true and timely information on matters affecting their lives and their environment, and have the right to participate in decision-making. The full implementation of the Free Access to Information Law is seen in tis oversight function, since citizens and other entities may have direct insight into the operation of public authorities and the work of officials, as one of the tools to prevent negligence, misconduct, abuse of office and corruption.
Its relevance to OGP values The delivery on this commitment is yet another indicator of transparency seen in publication of more highvalue and easily accessible information, primarily for the purpose of public information as a precondition for and one form of public participation in policy-making and other stages of policy life. Moreover, having legislative regulation in place implies accountability of all those obliged to apply the relevant provisions. The delivery on this commitment would add to transparency and accountability of public authorities and enhance the constitutionally enshrined right to freedom of information.
Additional information Compatibility with SDGs Reference to SDG 16: ‘Peace, Justice and Strong Institutions’ 16.6 – Develop effective, accountable and transparent institutions at all levels 16.10 – Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements. The actions to be undertaken within the framework of this commitment will contribute to increasing access and use of public information and data with the aim of increasing public administration transparency and accountability.
BUDGET €49,500
Actions with verifiable results and implementation dates
3.1 Amendments to the Decree on State Administration Setup and Method of Operation - The amended Decree sets the rules for openness of the Government, line ministries and other administration authorities
3.2 Greater use of the open data portal http://www.data.gov.me - An increase in data sets in the area of public security, education, agriculture, maritime affairs, labour and social welfare, transport, administration, health, environment by 30% compared to October 2018 (29) - Increased number of data set themes - 5 new themes January 2019 August 2020 24 - Review opportunities for and increase relevant open-data ranks like OD Barometer (World Wide Web Foundation), Open Data Index (OKF), OURData Index (OECD) and ODIN (Open Data Watch)
3.3 Use of open data to support business start-ups – €20,000 - A public event (hackathon) (purpose: get customer feedback on the conceptual design, develop prototypes for advanced search options, advance functionalities and customer experience at the data.gov.me portal) – 30 participants - Survey of business start-ups on the type and structure of data to be found on the open data portal - Develop a database at http://www.data.gov.me - Develop support and mentorship tools for business start-ups based on high-value sets (based on prior surveys)
3.4 Develop an online platform to support SMEs (the Ministry of Economy) - the platform for structured information provision on SME incentives and grants in place
3.5 Ensure the publication of electronically readable materials from GoM sessions (SG to GoM and MPA) – €4,500 - Develop guidelines on electronically readable documents -Train staff for creating electronically readable documents
3.6 Monitor the implementation of Guidelines for Electronically Readable Documents in line with e-accessibility standards - 2019 Monitoring Report developed
3.7 Amendments to the Free Access to Information Law – €25,000 - Legal review of free access to information provisions, with guides for improvements in terms of both legislation and implementation to be subsequently used for drafting amendments to the Free Access to Information Law and creation of a legal framework more conducive to the exercise of this right
3.8 Report on the implementation of the Law on Classified Data over the last 3 years (Directorate for Secret Data Protection) - The report will include: number of data for which classification has expired in the legal deadline in total and by authority; number of data whose classification was reconsidered; number of data whose level of classification was reduced in each of the authorities having in place commissions for periodic re-examination of classified data; number of declassified data at the commission’s proposal, in total and by authority; data on the implementation of punitive provisions, particularly the list of legal entities punished under Art 82.
Points of contact
Responsible person in the implementing entity Bojana Bajić, Aleksandra Masoničić, Marija Hajduković, MPA
Title/Department The Directorate for State Administration The Directorate for e-Government and Information Safety The Directorat for Good Governance and Interactions with NGOs
e-mail / phone bojana.bajic@MPA.gov.me 26 aleksandra.masonicic@MPA.gov.me marija.hajdukovic@MPA.gov.me

IRM Midterm Status Summary

3. Proactive publication of information

 

Language of the commitment as it appears in the action plan:

“This commitment implies the creation of more open data to foster intra- and inter-sector communications, particularly to provide better public information in various areas of public interest.

A survey of business start-ups is needed to understand the type and structure of data to be posted on the open data portal that would facilitate the process of starting a business, add value at the market and share information with other stakeholders. Set up a separate section for start-ups as generators of future growth and strengthening of the MSME sector.

To deliver on this commitment the amendments to the Decree on State Administration Setup and Method of Operation are needed to set the criteria/standards to have consistent openness of the executive branch horizontally and vertically in reference to: regular and consistent date publication and updates in the open data format, greater budget transparency, user-friendliness and accessibility.

Public administration integrity and public trust in institutions will be enhanced through preparation and publication of electronically readable publications.

Accessible contents at webpages of state institutions, i.e. e-services they offer and the e-document available online, are important steps towards digital equity.

Legal review of free access to information provisions, with guides for improvements in terms of both legislation and implementation to be subsequently used for drafting amendments to the Free Access to Information Law.”

Milestones:

3.1 Amendments to the Decree on State Administration Setup and Method of Operation

3.2 Greater use of the open data portal http://www.data.gov.me

3.3 Use of open data to support business start-ups

3.4 Develop an online platform to support SMEs

3.5 Ensure the publication of electronically readable materials from GoM sessions

3.6 Monitor the implementation of Guidelines for Electronically Readable Documents in line with e-accessibility standards

3.7 Amendments to the Free Access to Information Law

3.8 Report on the implementation of the Law on Classified Data over the last 3 years

Start Date: November 2018                                                                 

End Date: August 2020

Context and Objectives

This commitment aims to proactively improve access to information and open data in Montenegro by conducting internal and external public administration reforms. First, the commitment seeks to amend the Decree on State Administration Setup and Method Operation to provide clear rules for opening data in Montenegro. The government has committed to increase available datasets by 30% and to release information on five new data themes. Secondly, the commitment aims to support business start-ups through open data hackathons and mentorship tools. The government also plans to publish information on incentives and grants for small and medium sized enterprises (SMEs) and ensure publication of electronically readable materials from government sessions in line with accessibility standards. Finally, the commitment aims to legally review and amend provisions of the Free Access to Information (FOI) Law and to report on the implementation of the Law on Classified Data.

The commitment’s activities are verifiable. However, the planned activities involve many different themes and do not list expected outcomes or milestone indicators. For example, the commitment envisages an analysis of the FOI Law’s practical implementation but does not provide concrete steps to improve the law. Also, it is unclear how many electronically readable documents will be published after the adoption of the guidelines under Milestone 3.6. According to the Center for Democratic Transition, the report on the implementation of the Law of Classified Data could allow citizens to review possibly unjustified classifications of documents. [15] However, the completion of the commitment does not guarantee any changes in government practices or promise more proactively published documents on state websites. According to the State Secretary of the Ministry of Public Administration (MPA), the Operational Team cannot impose legal solutions to the Working Group that is going to prepare changes for the FOI Law. [16] As a result, the commitment’s potential impact is minorprmbition anduinely successful  e t guaranty any change. of milestones but it is not verifiable on the level of objectives. Comp

Next steps

Moving forward, the IRM suggest the following:

  • The government could publish more data on specific areas. For example, the Ministry of Finance could publish data on government-spending on a regular basis and in readable format.
  • The target group of the MPA could be extended from SMEs to include CSOs. Civil society needs open data, not only for greater accountability of public authorities but also because CSOs in Montenegro create many applications.
  • This government could specify a target number of documents that will be published each month. This number could continuously increase until every report prepared for the governments’ session is electronically readable. All materials could be electronically readable in a three-year period of time.
  • The government could clarify how the FOI law will be amended and what measures will be taken to continuously and proactively increase published documents of all public authorities.
  • On the Law on Classified Data, the government could incentivize public authorities to re-examine data that is currently classified as secret and publish data no longer secret, in accordance with the law.

[15] Interview by IRM researcher, Sept. 2019.

[16] Interview by IRM researcher, Sept. 2019.

Commitments

  1. National Identification Document (NID)

    ME0057, 2018, E-Government

  2. e-Democracy

    ME0058, 2018, E-Government

  3. Proactive Publication of Information

    ME0059, 2018, Access to Information

  4. Efficient Collection of Administrative Fees

    ME0060, 2018, Dispute Resolution & Legal Assistance

  5. Electronic Tax Returns

    ME0061, 2018, E-Government

  6. Improved Anticorruption Policies

    ME0062, 2018, Access to Information

  7. Non-Governmental Participation in the Privatisation Council

    ME0001, 2012, Public Participation

  8. Establishment of Electronic Enterprise Registration

    ME0002, 2012, E-Government

  9. Merging of Inspectorates and Extracting Them from Ministries and Administration Authorities

    ME0003, 2012, Private Sector

  10. Implementation of New Building Permit Legislation

    ME0004, 2012, Private Sector

  11. Establishment of Special Body to Support Investment and Development Projects

    ME0005, 2012, Private Sector

  12. Create e-Register of Licenses

    ME0006, 2012, E-Government

  13. Adopt Regulations for Registry Maintenance

    ME0007, 2012, Legislation & Regulation

  14. Development of an Action Plan with Measures to Improve Regulatory Framework in Montenegro

    ME0008, 2012, Legislation & Regulation

  15. Quarterly Evaluation of Implementation of That Action Plan

    ME0009, 2012, Legislation & Regulation

  16. Train Civil Servants in RIA

    ME0010, 2012, Capacity Building

  17. Apply RIA in Preparation of the Work Programme of the Government

    ME0011, 2012, Legislation & Regulation

  18. ‘Full RIA’ Is Implemented for All Laws

    ME0012, 2012, Legislation & Regulation

  19. Employment of Foreigners Reform

    ME0013, 2012, Citizenship & Immigration

  20. Concessions and Public-Private Partnership: Regulatory Framework

    ME0014, 2012, Legislation & Regulation

  21. Concessions and Public-Private Partnership: Regulation on Procedure

    ME0015, 2012, Legislation & Regulation

  22. Affirm and Advance Existing Functions of the E-Government Portal

    ME0016, 2012, E-Government

  23. e-Government Portal: More Complex Electronic Services Available at the Portal and Acceptance of Electronic Documentation

    ME0017, 2012, E-Government

  24. e-Government Portal: Enable Citizens to Have an Active e-Participation in Creation of Laws and Other Strategic Documents

    ME0018, 2012, E-Government

  25. Established Online Platform for e-Petitions

    ME0019, 2012, E-Government

  26. e-Petitions: Online Platform Is Made Fully Efficient

    ME0020, 2012, E-Government

  27. Southeast Europe Regional Forum

    ME0021, 2012, Capacity Building

  28. Public Consultations

    ME0022, 2012, Public Participation

  29. Direct Contact with Non-Governmental Organisations

    ME0023, 2012, Civic Space

  30. Systems to Improve Direct Contact with Citizens

    ME0024, 2012, Public Participation

  31. Free Access to Information

    ME0025, 2012, Access to Information

  32. Plain Administrative Language

    ME0026, 2012, Capacity Building

  33. Preventing Conflicts of Interest: Raising Public Awareness

    ME0027, 2012, Anti-Corruption

  34. Preventing Conflicts of Interest: Training for Public Officers and Public Campaigns

    ME0028, 2012, Anti-Corruption

  35. Preventing Conflicts of Interest: Political Independency of the Commission for Prevention of the Conflict of Interest

    ME0029, 2012, Anti-Corruption

  36. Strengthening Integrity

    ME0030, 2012, Anti-Corruption

  37. Application of Code of Ethics: Establish an Ethical Board, as an Independent Body

    ME0031, 2012, Anti-Corruption

  38. Application of Code of Ethics: Code of Ethics Training for Civil Servants

    ME0032, 2012, Anti-Corruption

  39. Application of Code of Ethics: Ensure Application of the Code of Ethics Through Operation of Disciplinary Bodies and Periodic Check

    ME0033, 2012, Anti-Corruption

  40. Application of Code of Ethics: Strengthen Tax Administration and Customsadministration Internal Control Mechanisms

    ME0034, 2012, Anti-Corruption

  41. Transparency of Criteria for Employment, Bonuses, and Promotion in the Public Sector

    ME0035, 2012, Anti-Corruption

  42. Reporting on Unpermitted Building Construction

    ME0036, 2012, Infrastructure & Transport

  43. Protection of Persons Reporting Corruption

    ME0037, 2012, Anti-Corruption

  44. Procurement Corruption: Help Desk

    ME0038, 2012, Anti-Corruption

  45. Procurement Corruption: Regulation and Awareness-Raising

    ME0039, 2012, Anti-Corruption

  46. Establishing Central Public Procurement Bodies

    ME0040, 2012, Anti-Corruption

  47. Electronic Public Procurement System

    ME0041, 2012, Anti-Corruption

  48. Budget Transparency: Amend the Organic Law on Budget with Precise Deadlines and Specific Fiscal Rules

    ME0042, 2012, Fiscal Openness

  49. Budget Transparency: Presentation of the Annual Budget and Its Revisions in a Visually Comprehensible and Simple Manner

    ME0043, 2012, Fiscal Openness

  50. Budget Transparency: Identify and Develop Performance Indicators

    ME0044, 2012, Fiscal Openness

  51. Budget Transparency: Amend the Chart of Accounts to Improve the Expenditure Control

    ME0045, 2012, Fiscal Openness

  52. Budget Transparency: Improve Cooperation Between the Internal Audit System and State Audit Institution

    ME0046, 2012, Anti-Corruption

  53. Combatting All Forms of Discrimination: Carry Out Activities Defined in the Signed Memorandum of Cooperation with the NGOs

    ME0047, 2012, Civic Space

  54. Combatting All Forms of Discrimination: Trainings for Police Officers for Professional Conduct with LGBT Persons

    ME0048, 2012, Capacity Building

  55. Combatting All Forms of Discrimination: Trainings for Police Officers Related to Disabled Persons

    ME0049, 2012, Capacity Building

  56. Combatting All Forms of Discrimination: Free-Up Public Traffic Areas Used by Disabled. Define Procedures for Control of Passengers & Vehicles

    ME0050, 2012, Human Rights

  57. Combatting All Forms of Discrimination: Adjust the Security Centre in Accordance with Disabled Persons’ Needs and Appoint a Contact Person

    ME0051, 2012, Human Rights

  58. Improving Media Freedoms

    ME0052, 2012, Civic Space

  59. Corporate Social Responsibility (CSR)

    ME0053, 2012, Private Sector

  60. Support to CSR in Montenegro

    ME0054, 2012, Private Sector

  61. Organisation of Workshops on Corporate Social Responsibility

    ME0055, 2012, Capacity Building

  62. Development of Manual

    ME0056, 2012, Capacity Building

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