Montenegro - annual report 2017

Details
Published: June 1, 2018
Regional conference “Equality before the law in Constitutional Court practice” in Montenegro: Prof. Dr. Udo Steiner, former judge at the German Federal Constitutional Court (on the right); Vesna Ilić Prelić, President of the Constitutional Court of Serbia; Dr. Dragoljub Drašković, President of the Constitutional Court of Montenegro (4th and 5 th from right)
Regional conference “Equality before the law in Constitutional Court practice” in Montenegro: Prof. Dr. Udo Steiner, former judge at the German Federal Constitutional Court (on the right); Vesna Ilić Prelić, President of the Constitutional Court of Serbia; Dr. Dragoljub Drašković, President of the Constitutional Court of Montenegro (4th and 5 th from right)

Legal Policy Situation

Montenegro, which has been independent since 2006, is a young state pursuing a course of political and economic reform in a context of EU integration. In 2010, Montenegro was granted official EU-candidate status. Accession negotiations with the EU commenced in June 2012. Chapters 23 (justice and fundamental rights) and 24 (justice, freedom and security) were opened in the course of 2013. Despite this progress, there is still considerable need for action on legal harmonisation. Montenegro, which only has limited staff resources, requires particular attention because it only became an independent state a few years ago, but also with a view to further EU integration.

Overall Concept

In 2007, immediately after the independence of the country, and in the subsequent period, the IRZ established and intensified working relations with the Ministry of Justice, the country’s Judicial Training Centre, which is attached to the Supreme Court, the Constitutional Court, the special Public Prosecutor’s Offices to fight organised crime and corruption, and with academics at the Podgorica Faculty of Law. As part of developing bilateral relations further, a cooperation agreement was signed between the German Federal Ministry of Justice and Consumer Protection and the Montenegrin Ministry of Justice, with the IRZ being commissioned with the practical implementation. The IRZ was also represented in the country by a long-term advisor to the Minister of Justice until the end of 2016. Therefore, the IRZ has excellent connections in Montenegro. The main focus of the IRZ’s activities in Montenegro currently lies on the cooperation with the Constitutional Court and the Judicial Training Centre. Work with the latter mainly concentrates on the field of civil law, which is rarely addressed by other foreign organisations.

Foci of Activity 2017

Constitutional Law/Human Rights and their Enforceability

  • Regional conference “Equality before the law in Constitutional Court practice”, organised in cooperation with the Montenegrin Constitutional Court in Budva
  • Participation by the President of the Montenegrin Constitutional Court and another judge in the conference on “Constitutional court protection in criminal law”, co-organised by the IRZ and the Serbian Constitutional Court in Zlatibor, Serbia
  • Participation by the President of the Montenegrin Constitutional Court and another judge at the regional Constitutional Court in the conference on the topic of “Theory and practice of the independence of constitutional courts”, in Jahorina, Bosnia and Herzegovina

Civil and Commercial Law

  • Seminar at the Judicial Training Centre in Podgorica on the topic of enforcement law
  • Printing of the translation of the German Commercial Code (HGB), Podgorica
  • Dissemination of regional legal specialist publications published by the IRZ, in particular the specialist regional journal “Nova Pravna Revija” (“New Legal Review”)

Public Law

  • Seminar at the Judicial Training Centre in Podgorica on the topic of state liability law

Administration of Justice

  • Conference “Presenting the opinions No. 4, 9, 11 of the Consultative Council of European Judges (CCJE)”, in cooperation with the Judicial Training Centre in Podgorica

Criminal Law and Penitentiary Law

  • Conference on the topic of “The fight against corruption”, in cooperation with the non-governmental organisation MANS in Podgorica

Outlook

The IRZ will keep up its successful work in Montenegro also in 2018. For instance, it will be offering further seminars together with the Judicial Training Centre. The cooperation with the Constitutional Court, will be continued as well. In addition, the IRZ will involve Montenegrin legal experts in its other activities on various topics in the region.