The challenge of fighting corruption: XVI National Anti-Corruption Conference

Announcement of the panel with IRZ expert Holger Sperlich, Brussels.
Announcement of the panel with IRZ expert Holger Sperlich, Brussels.
Montenegro

The National Anti-Corruption Conference, founded by the non-governmental organisation MANS (Network for the Affirmation Promotion of the Non-Governmental Sector), took place for the 16th time in the Montenegrin capital Podgorica on 7 December 2023. In addition to IRZ, the EU delegation, the Embassy of the Netherlands and the US non-governmental organisation National Endowment for Democracy (NED) are among the co-organisers.

Holger Sperlich, Permanent Representation of the Federal Republic of Germany to the European Union in Brussels, presented the German and European experiences on the topic of "Prevention and sanctioning of conflicts of interest".

Montenegro, which has a new government since the beginning of November 2023, was found to have made only slight progress in the fight against corruption according to the European Union's last country report. Corruption, including high-level corruption, continues to be a cause for concern in Montenegro, the European Union stated. Against this backdrop, it is not surprising that the conference is of particular importance in this region, and therefore members of parliament and government officials were also among the participants.

The Prime Minister of Montenegro, Milokoje Spajić, spoke at the opening reception and the Minister of the Interior, Danilo Šaranović, and the Vice-President of the Montenegrin Parliament, Boris Pejović, were present as well. The discussions were correspondingly lively and controversial.

Project funding from the German Federal Foreign Office made the XVI National Anti-Corruption Conference in Montenegro possible, which also received extensive media coverage.

Constitutional courts discuss the right to privacy

Professor Dr Udo Steiner, former judge at the Federal Constitutional Court (center) during his presentation, to his right, President of the Constitutional Court, Budimir Šćepanović.
Professor Dr Udo Steiner, former judge at the Federal Constitutional Court (center) during his presentation, to his right, President of the Constitutional Court, Budimir Šćepanović.
Montenegro

"Protecting the right to privacy" was the title of the regional conference of the constitutional courts of Bosnia and Herzegovina, Montenegro, North Macedonia and Serbia, which IRZ organised in Budva from 4 to 6 October 2023 in cooperation with the Constitutional Court of Montenegro with funding from the Federal Foreign Office.

The presidents of the Constitutional Courts of Bosnia and Herzegovina, Valerija Galić, North Macedonia, Dobrila Kacarska, and Serbia, Snežana Marković, and the judge at the Constitutional Court of Montenegro, Snežana Armenko, held presentations on the relevant jurisdiction of their courts. The opening speech was given by the President of the Constitutional Court of Montenegro, Budimir Šćepanović, and the responsible Head of Section at IRZ, Dr Stefan Pürner. The jurisdictionof the Federal Constitutional Court was presented by its former judge, Prof Dr Udo Steiner.

The different topics of the presentations showed how broad the life circumstances and legal issues are that fall under the term "right to privacy". This ranges from the right to informational self-determination and the requirements for surveillance of communications of suspects during investigation proceedings to the concept of gender and the constitutionality of an opt-out solution for organ transplants.

For the first time since the pandemic, this traditional regional conference was able to take place in person again and was characterised by intensive discussions, again far beyond the scheduled working hours, particularly on the latter two topics mentioned above. The opportunity for informal bilateral dialogue was used intensively in the margins of the conference.  

The status of climate protection case law

Former Federal Constitutional Judge, Prof. Dr. Gabriele Britz, speaking about the climate decision of the Federal Constitutional Court on 24 March 2021.
Former Federal Constitutional Judge, Prof. Dr. Gabriele Britz, speaking about the climate decision of the Federal Constitutional Court on 24 March 2021.
Montenegro

Montenegro is characterised by so much natural beauty, which is also its tourist capital, and the country defines itself as an ecological state pursuant to Article 1 of its constitution. However, numerous large-scale projects have sparked heavy criticism both at home and abroad. Montenegrin law (also) faces major challenges in this tense situation, particularly in our era of increasingly stark climate change.

Particular attention must be paid to the standards of internationally developed climate protection case law, including the recent decision of the Federal Constitutional Court.

These considerations urged the Montenegrin Lawyers' Association and the IRZ to organise the event “Climate protection case law and human rights” on 9 November 2023 in the Montenegrin capital, Podgorica, within the framework of the “Jus forum” series of events.

The event was opened by the German Ambassador, Thomas Felten, the Chairman of the Montenegrin Lawyers' Association, Prof. Dr. Branislav Radulović, and the responsible IRZ Project Area Manager, lawyer Dr. Stefan Pürner.

Former Federal Constitutional Judge, Prof. Dr. Gabriele Britz spoke about the climate decision of the Federal Constitutional Court of 24 March 2021, where she herself was a rapporteur. Prof. Dr. Maja Kostić-Mandić reported on the Urgenda ruling and on the most recent climate cases that had been brought before the European Court of Human Rights, and gave an overview of the relevant case law from other courts.

A lively discussion with the audience consisting of researchers, students, members of the judiciary and representatives of non-governmental organisations then followed, which also included some criticism of various processes in Montenegro.

The importance of this event was highlighted by the participation in the event of the President of the Constitutional Court, Budimir Šćepanović, and the Vice-President of this court, Desanka Lopičič. 

The IRZ strives to align its measures with sustainability. The participants therefore received a summary of the Karlsruhe climate protection decision in their own language.

Various Montenegrin press reports are available here:

https://www.vijesti.me/vijesti/drustvo/681171/pravni-mehanizmi-od-izuzetnog-znacaj-za-ocuvanje-prirode

https://www.dan.co.me/vijesti/drustvo/okrugli-sto-udruzenja-pravnika-i-irz-a-klimatski-sudski-postupci-i-ljudska-prava-5207394

https://www.cdm.me/drustvo/udruzenje-pravnika-sjutra-organizuje-okrugli-sto-na-temu-klimatski-sudski-postupci-i-ljudska-prava/