For More Professional Hospitals, Schools and Public Institutions: Our key recommendations for the Law on Public Institutions
Public institutions founded by the state employ 30,170 people, accounting for more than half of all employees in central-level public administration. According to the Open Data Portal, there are 324 public institutions in Montenegro. Despite their significant role, employment and labour relations within these institutions remain largely neglected. They are most often governed either solely by general labour regulations or by inadequate legislation that fails to recognise their specific importance in advancing the public interest, delivering public services, and establishing a merit-based and transparent system.
The extent of this neglect is reflected in the fact that only with the adoption of the current Public Administration Reform Strategy 2022–2026 was an official record of the number of employees established, covering public institutions at both central and local levels. The Strategy also highlighted the absence of a unified normative framework regulating public institutions that provide services to citizens and legal entities in areas such as health care, education, culture, sport, social and child protection, and pension and disability insurance. At the same time, it noted that Montenegro, unlike neighbouring countries, does not have a dedicated Law on Public Institutions, but instead regulates this field partially through sectoral laws in the area of social activities. In response, the Strategy envisages the preparation of a dedicated analysis of public institutions, the drafting of a Law on Public Institutions, and the introduction of mandatory human resources planning within this segment of the public sector.
Following the adoption of the Analysis with Identified Challenges and Recommendations on the Need to Establish a Normative Framework for Public Institutions, the Government of Montenegro began drafting the Law on Public Institutions. Institute Alternative (IA) contributed to this process by participating in the working group and organising meetings with representatives of the Ministry of Public Administration, other working group members, and trade unions. IA also organised a workshop to further the discussion on the future Law on Public Institutions, which aims to regulate recruitment procedures in institutions across sectors including culture, health care, education, and social and child protection. This analysis outlines possible approaches to improving the current draft of the law, drawing on previous experience and identified shortcomings in recruitment procedures, human resources planning, and the protection of rights, as documented in the Risk Map of Corruption and Undue Influence in Public Sector Recruitment. The analysis is structured into two main chapters: the first identifies key legal gaps and ambiguities, while the second presents the main avenues for improvement.
Download the brief here.
For More Professional Hospitals, Schools and Public Institutions: Our key recommendations for the Law on Public Institutions
Public institutions founded by the state employ 30,170 people, accounting for more than half of all employees in central-level public administration. According to the Open Data Portal, there are 324 public institutions in Montenegro. Despite their significant role, employment and labour relations within these institutions remain largely neglected. They are most often governed either solely by general labour regulations or by inadequate legislation that fails to recognise their specific importance in advancing the public interest, delivering public services, and establishing a merit-based and transparent system.
The extent of this neglect is reflected in the fact that only with the adoption of the current Public Administration Reform Strategy 2022–2026 was an official record of the number of employees established, covering public institutions at both central and local levels. The Strategy also highlighted the absence of a unified normative framework regulating public institutions that provide services to citizens and legal entities in areas such as health care, education, culture, sport, social and child protection, and pension and disability insurance. At the same time, it noted that Montenegro, unlike neighbouring countries, does not have a dedicated Law on Public Institutions, but instead regulates this field partially through sectoral laws in the area of social activities. In response, the Strategy envisages the preparation of a dedicated analysis of public institutions, the drafting of a Law on Public Institutions, and the introduction of mandatory human resources planning within this segment of the public sector.
Following the adoption of the Analysis with Identified Challenges and Recommendations on the Need to Establish a Normative Framework for Public Institutions, the Government of Montenegro began drafting the Law on Public Institutions. Institute Alternative (IA) contributed to this process by participating in the working group and organising meetings with representatives of the Ministry of Public Administration, other working group members, and trade unions. IA also organised a workshop to further the discussion on the future Law on Public Institutions, which aims to regulate recruitment procedures in institutions across sectors including culture, health care, education, and social and child protection. This analysis outlines possible approaches to improving the current draft of the law, drawing on previous experience and identified shortcomings in recruitment procedures, human resources planning, and the protection of rights, as documented in the Risk Map of Corruption and Undue Influence in Public Sector Recruitment. The analysis is structured into two main chapters: the first identifies key legal gaps and ambiguities, while the second presents the main avenues for improvement.
Download the brief here.
