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.
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:
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.
