Montenegro – annual report 2023

Details
Published: September 4, 2024

Strategic Framework

Legal Policy Starting Point

Montenegro is pursuing a course of political and economic reform as part of EU integration and has been in accession negotiations with the European Union since June 2021. Following the parliamentary elections in July 2023, a new coalition government was formed in November.

The generally EU-friendly tendencies compete with a more Serbia-oriented approach. As there are still deficits with regard to the rule of law, the European Commission is calling for further progress in negotiation chapters 23 (judiciary and fundamental rights) and 24 (justice, freedom and security). There is great willingness to cooperate with Germany on the steps required for this.

Overall Concept

Since 2007, IRZ has maintained close working relationships with the Ministry of Justice in Montenegro, the Center for Training in the Judiciary and the State Prosecution at the Supreme Court, the Constitutional Court, the Montenegrin Chamber of Notaries, the NGO MANS, which is particularly involved in the fight against corruption, and academics at the Faculty of Law in Podgorica. Since 2019, there has also been cooperation with the Center for Alternative Dispute Resolution.

In 2023, the main focus of IRZ’s activities in Montenegro, which were funded by the Federal Ministry of Justice and the Federal Foreign Office, was on cooperation with the Center for Training in the Judiciary and the State Prosecution and the Centre for Alternative Dispute Resolution, with a focus on civil and civil procedural law, which is rarely dealt with by other foreign and international organizations supporting the country in its legal transformation. This was supplemented by activities in the field of mediation.

Focus of Activity in 2023

Constitutional Law, Human Rights and their Enforceability

  • Regional conference of constitutional courts on the topic “The right to privacy”
  • Round table on the climate protection decision of the Federal Constitutional Court
  • Participation of the Constitutional Court of Montenegro in the final conference of the project “Promotion of constitutional complaints as the main means of protecting fundamental rights in North Macedonia”, jointly organized with the Constitutional Court of North Macedonia

Civil and Commercial Law

  • Creation of a self-study module on competition law for the online platform ILIAS

Administration of justice

  • Working visit of Montenegrin judges to Germany on conducting court hearings in civil proceedings

Criminal and Penitentiary Law

  • XVI National Anti-Corruption Conference with the NGO MANS in Podgorica

Basic and Further Training

  • “Train-the-Trainer” seminar “Commercial mediation” in cooperation with the Center for Alternative Dispute Resolution

Outlook

Together with the Judicial Training Center and the Centre for Alternative Dispute Resolution, IRZ will continue to implement seminars on the application of law in accordance with European law, on mediation and, in particular, on effective conduct of court hearings and will also continue its cooperation with the NGO MANS.