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/

Train-the-trainer seminar on business mediation

Presentation and discussion of the findings of a working group.
Presentation and discussion of the findings of a working group.
Montenegro

A train-the-trainer seminar on business mediation, funded by project support from the Federal Foreign Office, took place in Podgorica, Montenegro, from 3-5 November, organised by the IRZ and the Centre for Alternative Dispute Resolution.

After welcoming speeches by the Permanent Representative of the German Ambassador, Ralf Reusch, who emphasised the importance of the IRZ's activities in Montenegro, the event was opened by the Director of the Centre for Alternative Dispute Resolution, Marina Lutovac, and the responsible Project Area Manager of the IRZ, Dr. Stefan Pürner.

Prof. Dr. Renata Dendörfer Ditges and Simone Pöhlmann, both lawyers and certified mediators with many years of experience in meditation and mediator training, and authors of many specialist publications based on a practical case, then explained all five phases of the mediation process. Topics such as “Disruptions in mediation” and “Mediative language” were addressed in small work groups and using roleplay. This interactive approach received a particularly positive response from the participants.

Mediation is very important in Montenegro. This is evidenced not only by the founding of the Centre for Alternative Dispute Resolution, which is supported by the European Union and the Council of Europe, but also because the Centre’s 2022 annual report stated that 201 mediators for civil law and 37 for criminal law have already received training, and several thousand mediation proceedings have taken place.

Judges make a working visit to Bonn

The participants of the working visit to Bonn am Rhein.
The participants of the working visit to Bonn am Rhein.
Montenegro

A working visit of a 20-person delegation of judges took place at the Bonn Regional Court from 24-28 September 2023 as part of the measures on judicial hearings funded by the Federal Foreign Office, which the IRZ organised in cooperation with the Training Centre for the Montenegrin Judiciary and Public Prosecutor's Office.

Dr. Frauke Bachler, General Director of the IRZ, introduced the participants on the first day of the event, and attendees then engaged in an extensive expert programme which, in addition to lectures on the basic principles of civil and criminal procedural law in Germany, also included two educational films produced by the IRZ itself on juvenile court proceedings in Germany and judicial support for settlements in civil proceedings. The films also featured contributions from experts from the IRZ's Southeast European partner states, and are available either dubbed or with subtitles in the visitors' own languages.

The IRZ also provided participants with extensive translations of German laws, including the Code of Criminal Procedure and the Criminal Code, and publications in the Bosnian/Croatian/Montenegrin/Serbian languages that had been produced as part of other IRZ measures. The range of materials was completed by a translation in the respective national languages of the participants of the relevant German law, which was created in cooperation with the Association of German Legal Officers, with an expert introduction and literature on the official assessment of judges. This enabled the participants themselves to explore the topic in more depth. 

The programme was rounded off by visits to civil and criminal court hearings at the Bonn Regional Court and presentations and discussions with German colleagues.