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Montenegro - annual report 2017

Published: June 1, 2018
Regional conference “Equality before the law in Constitutional Court practice” in Montenegro: Prof. Dr. Udo Steiner, former judge at the German Federal Constitutional Court (on the right); Vesna Ilić Prelić, President of the Constitutional Court of Serbia; Dr. Dragoljub Drašković, President of the Constitutional Court of Montenegro (4th and 5 th from right)
Regional conference “Equality before the law in Constitutional Court practice” in Montenegro: Prof. Dr. Udo Steiner, former judge at the German Federal Constitutional Court (on the right); Vesna Ilić Prelić, President of the Constitutional Court of Serbia; Dr. Dragoljub Drašković, President of the Constitutional Court of Montenegro (4th and 5 th from right)

Legal Policy Situation

Montenegro, which has been independent since 2006, is a young state pursuing a course of political and economic reform in a context of EU integration. In 2010, Montenegro was granted official EU-candidate status. Accession negotiations with the EU commenced in June 2012. Chapters 23 (justice and fundamental rights) and 24 (justice, freedom and security) were opened in the course of 2013. Despite this progress, there is still considerable need for action on legal harmonisation. Montenegro, which only has limited staff resources, requires particular attention because it only became an independent state a few years ago, but also with a view to further EU integration.

Overall Concept

In 2007, immediately after the independence of the country, and in the subsequent period, the IRZ established and intensified working relations with the Ministry of Justice, the country’s Judicial Training Centre, which is attached to the Supreme Court, the Constitutional Court, the special Public Prosecutor’s Offices to fight organised crime and corruption, and with academics at the Podgorica Faculty of Law. As part of developing bilateral relations further, a cooperation agreement was signed between the German Federal Ministry of Justice and Consumer Protection and the Montenegrin Ministry of Justice, with the IRZ being commissioned with the practical implementation. The IRZ was also represented in the country by a long-term advisor to the Minister of Justice until the end of 2016. Therefore, the IRZ has excellent connections in Montenegro. The main focus of the IRZ’s activities in Montenegro currently lies on the cooperation with the Constitutional Court and the Judicial Training Centre. Work with the latter mainly concentrates on the field of civil law, which is rarely addressed by other foreign organisations.

Foci of Activity 2017

Constitutional Law/Human Rights and their Enforceability

Civil and Commercial Law

Public Law

Administration of Justice

Criminal Law and Penitentiary Law

Outlook

The IRZ will keep up its successful work in Montenegro also in 2018. For instance, it will be offering further seminars together with the Judicial Training Centre. The cooperation with the Constitutional Court, will be continued as well. In addition, the IRZ will involve Montenegrin legal experts in its other activities on various topics in the region.