Montenegro – annual report 2024

Strategic Framework

Legal Policy Starting Point

After the new President Jakov Milatović took office in May 2023, there was a cabinet reshuffle in July 2024, which also saw a change in the Minister of Justice. With 31 members, Montenegro’s largest cabinet to date (previously 23 members) once again includes pro-Serbian and Bosniak parties.

At the 16th accession conference with Montenegro in June 2024, the EU confirmed that Montenegro had met the interim benchmarks for Chapter 23 (judiciary and fundamental rights) and Chapter 24 (justice, freedom and security) overall. It set further benchmarks for the provisional conclusion of these chapters, including in the areas of increasing the efficiency of the judicial system, combating corruption and human rights. It also explicitly mentioned the protection of minority rights and, in the area of LGBTIQ rights, the harmonisation of laws with the law on same-sex partnerships.

Overall Concept

For years, the main priorities of IRZ’s activities in Montenegro, which are funded by the BMJV and the Federal Foreign Office, have been cooperation with the Centre for Training in Judiciary and State Prosecution (COSDT), with a focus on civil and civil procedural law.

Other focal points include the fight against corruption, in which IRZ is cooperating with the NGO MANS , and – in cooperation with the Constitutional Court – the area of human rights. The latter will continue to be an integral part of IRZ’s work in Montenegro in the future, in particular by consolidating measures on LGBTIQ rights. The partnerships newly established in 2024 with the three leading LGBTIQ NGOs (Queer Montenegro, Spektra and Juventus), the Ministry for Human and Minority Rights and the Ombudsman for the Protection of Human Rights and Freedoms are to be deepened. At the two roundtable discussions held on the topics of the right to self-determination and same-sex partnership, IRZ and its cooperation partners brought together representatives of all the ministries concerned, civil society and various embassies for an exchange of views.

Focus of Activity in 2024

Constitutional law, Human Rights and their Enforceability

  • Round table on the draft Montenegrin law on the Legal Recognition of Gender Identity based on Self-Determination in Podgorica
  • Round table on the same-sex partnership law with the three leading LGBTIQ NGOs (Queer Montenegro, Spektra and Juventus), the Ministry for Human and Minority Rights and the Ombudsman with the involvement of the German Embassy in Podgorica
  • Participation of the Montenegrin Constitutional Court in the regional conference of Constitutional Courts on “Strengthening Human Rights Legal Protection by the Constitutional Courts in Environmental and Climate Protection” in Bosnia and Herzegovina

Civil und Commercial Law

  • Training courses on the effective conduct of court hearings in civil law with the Centre for Training in Judiciary and State Prosecution (COSDT) in Podgorica
  • Working visit of Montenegrin judges to Germany on the topic of “­Effective court hearings in Civil and Criminal Proceedings” to participate in court hearings in Criminal and Civil Law at the Regional Court of Bonn

Criminal and Penitentiary Law

  • XVII National Anti-Corruption Conference with the NGO MANS in Podgorica focussing on asset recovery and party financing

Basic and Further Training

  • Participation of the Centre for Training in Judiciary and State Prosecution in a regional exchange of experience on the topics of “Improvement and modernisation of legal training”, “Practice-oriented legal didactics” and “Monitoring and evaluation”, jointly organised with the Centre for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina 

Outlook

In 2025, the focus will be on supporting Montenegro in its preparations for EU accession. Together with the Centre for Training in Judiciary and State Prosecution, IRZ will continue to offer seminars on the application of the law in accordance with European law and on the effective conduct of court hearings. The cooperation with the NGO MANS in the area of anti-corruption and the cooperation with the Ministry for Human and Minority Rights and the three aforementioned NGOs in the area of LGBTIQ rights will also be continued..