Montenegro – annual report 2020

Details
Published: September 8, 2021

Strategic Framework 

Legal Policy Starting Point 

Montenegro is pursuing a political and economic reform course within the framework of EU integration and has been in accession negotiations with the EU since June 2012. The need for action with regard to legal harmonisation has remained high in recent years since the negotiation chapters on the judiciary, fundamental rights and internal security were opened during 2013. Montenegro warrants special attention due to its acquisition of statehood just a few years ago, the replacement of the long-standing governing coalition in the 2020 elections and further steps towards EU integration.

Cooperation between the Federal Ministry of Justice and Consumer Protection and the Montenegrin Ministry of Justice has been based on a joint declaration with a multi-year work programme since 2014. A second work programme was signed on 14 November 2019, and IRZ is now tasked with its implementation.

Overall Concept 

IRZ has maintained close working relationships with the Ministry of Justice, the Judicial Training Centre within the country’s Supreme Court, the Constitutional Court, the Special Public Prosecutor’s Office for combating organised crime and corruption and with academics at the Podgorica Faculty of Law since 2007. Cooperation with the Centre for Alternative Dispute Resolution was established in 2019.

The main priorities of IRZ’s activities in Montenegro are cooperation with the Ministry of Justice and the Judicial Training Centre. Cooperation with the latter focuses predominantly on issues of civil law, especially as this aspect is rarely addressed by other donor organisations. Moreover, IRZ ensures the continuation of close cooperation with Montenegro since mid-2019 by seconding a German public prosecutor to provide the Montenegrin Ministry of Jus-tice with ongoing advice on issues relating to combating corruption and organised crime. From March 2020, events with the Montenegrin partners were exclusively virtual due to the pandemic.

Focus of Activity in 2020 

Constitutional Law, Human Rights and their Enforceability

  • Online advice and exchange of experience with the Montenegrin Constitutional Court on various constitutional issues related to the COVID-19 pandemic
  • Participation by the Montenegrin Constitutional Court in the online regional conference of constitutional courts on the topic of “Dissenting votes”, held jointly with the Constitutional Court of Bosnia and Herzegovina
  • Distribution of translated decisions of the Federal Constitutional Court on constitutional matters related to the COVID-19 pandemic and other constitutional issues

Civil and Commercial Law

  • Online further training seminar for judges on the topic of “Judicial promotion and proper formulation of settlements in civil proceedings”
  • Online further training seminar for judges on the topic of “Judicial preparation and conducting of civil proceedings”

Administration of Justice

  • Seminar “Alternative dispute resolution in Germany, especially mediation: legal foundations and application practice” together with the Centre for Alternative Dispute Resolution
  • Online conference “Transitional justice” together with the Association of Young Montenegrin Lawyers
  • Dissemination of regional legal publications with IRZ as publisher
  • Dissemination of literature on German and European law for academics and students working in relevant areas at the Faculty of Law in Podgorica
  • Literature on German and European law for the Faculty of Law in Podgorica to accompany the project

Criminal and Penitentiary Law

  • Ongoing advice for the Montenegrin Ministry of Justice and other institutions in the field of combating organised crime and corruption
  • Expert opinion on the draft legislation for the criminal punishment of abuse of authority

Outlook

IRZ will continue its work in Montenegro in the form of virtual and – as soon as possible – physical events in 2021. The focus will be on implementing the work plan on the joint declaration of the Federal Ministry of Justice and Consumer Protection and the Montenegrin Ministry of Justice, as well as on advising the Ministry of Justice.

IRZ will continue to offer seminars in cooperation with the Judicial Training Centre to promote the ability of the judiciary to conduct effective proceedings and to apply the law in conformity with European statutes in particular. Cooperation with the Constitutional Court will also continue and measures will be offered in the area of alternative dispute resolution (ADR). In addition, IRZ will maintain its efforts to involve Montenegrin legal professionals in activities held in other countries or regions, again with a focus on issues relating to EU approximation.