On February 15, the Government approved the composition of the commission for the election of the NABU Director, including international expert Drago Kos. However, a condition was added: in order to work in the NABU commission, he must leave the SAPO commission. This contradicts the current legislation and undermines the possibility to bring both selections to a logical end.
The text of the Cabinet of Minister’s Regulation states that the powers of Drago Kos, member of the commission from international partners, “begin the day after his withdrawal from the selection commission for the selection of the Specialized Anti-Corruption Prosecutor.”
The legislation does not provide for any requirements for the participation of a member of the NABU commission in other selection commissions. Moreover, participation in the commission of one of the members only under certain conditions calls into question all the work of the commission. After all, according to the Law on the NABU, “the selection commission is considered authorized if it is approved in its full composition.”
Drago Kos is one of the most principled members of the commission for the selection of the SAPO head. Presumably, that is why the Cabinet of Ministers made an illegal and politically motivated decision.
Such actions of the Government will lead to a delay in the competitive selection of the future head of the NABU. It will also create additional grounds for possible court appeals of actions and decisions of the commission in the future.
We urge the government to follow the law and rescind its regulation, which provides for additional conditions for Drago Kos’ participation!
