Montenegro - annual report 2019

Details
Published: July 1, 2020
After signing the second work plan, valid until the end of 2021, in regard to the Joint Declaration from 2014: Montenegrin Justice Minister Zoran Pažin and Federal Minister of Justice and Consumer Protection Christine Lambrecht (photo: Reiner Habig, BMJV)
After signing the second work plan, valid until the end of 2021, in regard to the Joint Declaration from 2014: Montenegrin Justice Minister Zoran Pažin and Federal Minister of Justice and Consumer Protection Christine Lambrecht (photo: Reiner Habig, BMJV)

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. However, the need for action in terms of legal harmonisation remains high. The country requires special attention due to its acquisition of statehood only a few years ago, as well as in regard to continued EU integration.

A Joint Declaration between the Federal Ministry of Justice and Consumer Protection (BMJV) and the Montenegrin Ministry of Justice has existed since 2014. Federal Minister Christine Lambrecht and Deputy Prime Minister Zoran Pažin signed the second work plan in this regard on 14 November 2019.

Overall Concept

Since 2007, IRZ has maintained 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 specialised to combat organised crime and corruption, and with academics at the Podgorica Faculty of Law. Cooperation with the Mediation Centre was added in 2019, which in future will be called the Centre for Alternative Dispute Resolution. IRZ was commissioned with practical implementation of the cooperation agreement between the BMJV and the Montenegrin Ministry of Justice. The main priorities of IRZ’s activities in Montenegro are on cooperation with the Constitutional Court and the Judicial Training Centre. Cooperation with the latter is concentrated mainly on issues of civil law, which is rarely addressed by other foreign organisations.

Focus of Activity in 2019

Constitutional Law/Human Rights and their Enforceability

  • Regional conference “Separation of powers and balance between powers“ together with the Montenegrin Constitutional Court in Podgorica
  • Participation of two judges at the Constitutional Court in the regional Constitutional Court Conference on “Freedom of religion in case-law before the Constitutional Court“

Civil and Commercial Law

  • Further training seminar for judges at the Judicial Training Centre in Podgorica on the topic of securities law

Public Law

  • Conference “Financing of political parties and elections: Challenges and solutions“ in cooperation with the non-governmental organisation MANS (Network for Affirmation of the NGO Sector), the EU Delegation and the British Embassy

Administration of Justice

  • Seminar “Alternative dispute resolution, especially mediation, in Germany: Legal principles and practical application“ in cooperation with the Montenegrin Mediation Center
  • Panel discussion “Requirements for lawyers in the 21st century“ in cooperation with the Montenegrin Lawyers Association
  • Working visit by Montenegrin judges to Munich and Wolfsratshausen to address issues of case management in civil cases in cooperation with the Bavarian Association of Judges and the Judicial Training Centre in Podgorica
  • Lecture in the national language on legal education in Germany in cooperation with the faculty of law at the University of Montenegro in Podgorica and the Montenegrin Bar Association
  • Distribution of regional legal publications by IRZ as publisher
  • Provision of literature on German and European law for the faculty of law in Podgorica to accompany the activities

Criminal Law and Penitentiary Law

  • Commencement of work with a permanent advisor to the Montenegrin Deputy Prime Minister and Minister of Justice on issues related to the fight against corruption and organised crime
  • Conference “XIII National Anti-Corruption Conference“ in cooperation with the NGO MANS in Podgorica

Outlook

The successful work of IRZ in Montenegro will continue in 2020 as well. The focus will be on implementing the work plan on the Joint Declaration of the BMJV and the Montenegrin Ministry of Justice as well as on advising the Deputy Prime Minister and Minister of Justice Pažin.

Cooperating with the Judicial Training Centre, IRZ will continue to offer joint seminars, which, in particular, will promote the ability of the judiciary to conduct effective proceedings and to apply the law in conformity with European statutes. Cooperation with the Constitutional Court will also continue. In addition, support will be expanded in the area of alternative dispute resolution. Last but not least, IRZ will continue to involve Montenegrin legal professionals in the region, again with a focus on important issues relating to Pre-Accession Assistance to the EU.