Montenegro

Effective trial management: a key element of the rule of law

Details
Published: November 5, 2026
Die Teilnehmenden der Veranstaltung
Die Teilnehmenden der Veranstaltung
Montenegro

What is the difference between effectiveness and efficiency?

This question becomes all the more pressing within the legal system when one considers the implications for fundamental rights and the related issues of justice that arise in connection with the rule of law and, in particular, judicial proceedings. Against this backdrop, judges play a particularly important role, as they must address the central requirement of effectiveness in both civil and criminal proceedings. Effective trial management must always be more than merely efficient, whilst not being able to ignore the factor of time.

During a delegation visit by Montenegrin judges to Cologne, organised by IRZ in collaboration with the Montenegrin Centre for the Training of Judges and Public Prosecutors, this sometimes challenging balancing act was examined under the theme ‘The judiciary as the guarantor of effective rule of law’. In contrast to a monolithic understanding of the judiciary, the professional exchange centred on the specific nature of the judicial role. In addition to procedural law issues, the focus was particularly on techniques for conducting court proceedings, as well as the taking and assessment of evidence. To this end, alongside various expert discussions with German judges, the delegation also attended court hearings at the Cologne Regional Court to gain an insight into German court practice.

The visit, which was funded by project grants from the Federal Foreign Office, led to the clear realisation that the requirements of the rule of law must be continually brought to life. Within the legal framework, it is therefore primarily up to the key players in the judiciary to ensure that the rule of law takes effect through their jurisprudential skill – and thus to be effective.

Seminar on the Protection of Competition

Details
Published: June 29, 2026
The seminar on the protection of competition, to be held in Podgorica in June 2026.
The seminar on the protection of competition, to be held in Podgorica in June 2026.
Montenegro

In March 2026, Montenegro passed a law on the protection of competition in order to bring its legislation into line with EU standards. However, there are a number of practical challenges in applying the regulations.

At a seminar organised by IRZ in collaboration with the Training Centre for Judges and Prosecutors (COSDT), Montenegrin judges therefore shared practical knowledge on competition law with their colleagues in Podgorica, Montenegro, in early June. They learnt how to handle complex commercial law proceedings efficiently, in a legally sound manner and in line with EU standards.

The focus was on current developments in competition law, particularly with regard to prohibited agreements and the enforcement of rules concerning the abuse of a dominant market position. Experts from the judiciary, competition authorities and academia provided insights into recent developments in case law. The seminar examined both the legal foundations and practical approaches to the work of the authorities, including the use of sectoral analyses to better assess market behaviour.

The programme was rounded off by an introduction to key concepts in competition law, as well as a discussion of current legal issues in the field of merger control and the assessment of market power.

Round-table discussion on civil procedure law

Details
Published: June 29, 2026
Round-table on civil procedure law, early June 2026 in Podgorica
Round-table on civil procedure law, early June 2026 in Podgorica
Montenegro

At the beginning of June, Montenegrin judges discussed current issues in civil procedure law during a round-table discussion that we held in Podgorica, Montenegro.

The discussion focused on:

  • Rules on the burden of proof and the assessment of evidence, as well as current problematic aspects of case law
  • The role of the court in civil proceedings (the limits of the court’s control over proceedings, requirements regarding the parties’ conduct of the proceedings, and the importance of substantive case management for procedural efficiency and the right to a fair trial).
  • Issues relating to the conduct of hearings before the Court of Appeal (in particular, the purpose, legal requirements and decision-making powers of the court of second instance)
  • Preventing the abuse of procedural rights and the distinction between the legitimate exercise of rights and conduct that obstructs proceedings.

The IRZ’s regional approach

Particularly with regard to the last topic, there was an in-depth discussion of regional experiences, as well as comparative approaches and European standards for fair trial. This was supported by the speakers Adnan Baručija and Goran Nezirović, judges at the Supreme Court of the Federation of Bosnia and Herzegovina.

What stands out most in our memory?

The event also provided a forum for professional exchange on current challenges in the application of the Code of Civil Procedure, particularly with regard to the standardisation of case law and the further development of judicial practice.

Cooperation with our partner We would like to extend our sincere thanks to the Training Centre for Judges and Public Prosecutors (COSDT), with whom we jointly organised this round table.