Montenegro

Action Plan for Reform of Judiciary requires strong commitment by judiciary authorities to consistently implement the anticipated measures

The Government of Montenegro adopted the Strategy for the Reform of the Judiciary in June 2007, and the Action Plan for its implementation in December 2007. The Action Plan contains clearly defined measures for the realization of strategic objectives, an established deadline and competent authority for the implementation of all envisaged measures, as well as budget funds needed for the realization of planned activities. As strategic objectives, judicial independence and autonomy, its efficiency and raise of public trust are defined to be achieved for next five years.

The aim of the conference “Support to the Judicial Reform in Montenegro” was to present the adopted Action Plan for the Reform of Judiciary (2007-2012) and judicial reform efforts, as well as to stimulate all relevant representatives of the donor community (Embassies and International Organizations) to support Montenegrin judiciary and to give their contribution to the reform of the judiciary over the next 5-year period.

In his introductory remarks, Minister of Justice Mr. Miraš Radović said that through judiciary reform and the Action Plan the judicial system of Montenegro is irretrievably heading towards trials and judicial proceedings heritage of developed European judiciaries.

“Though it might be estimated as an ambitious activity plan, it is achievable through systemic approach and engaging of needed resources, full employment of human capacities within judicial organs and support of proved and future partners. It must not be allowed that the Action Plan stays at the level of a document. Therefore, if there is striving for an independent and efficient judiciary supported by the public confidence, dedication to consistent realisation of all anticipated measures is necessary,” emphasized Minister Radović.

Speaking about the fight against corruption, Minister Radović reminded that a change in the Law on Courts has been proposed and that it is anticipated that the jurisdiction over trials concerning the severest forms of crime be concentrated in the Higher Court. 

“Conducting the measures in the domain of fight against corruption will ensure debate on its proportions in Montenegro not in the way it was done until now - based on perception - but by obtaining a realistic picture on this negative social phenomenon through bringing verdicts on corruption,” Minister Radović said.

He evaluated that the reputation of the judiciary is not completely shattered although the Strategy for the Reform of the Judiciary states that large residues of court cases and long duration of judicial proceedings have created negative public image of the work of juridical organs.

Ms. Vesna Medenica, President  of the Supreme State Court emphasised that the Montenegrin Judiciary is ready for fight against crime - especially against corruption, organised crime and terrorism. As she stated, that fight requires the necessary and adequate working space and a space for judges, well equipped courtrooms with all the accompanying contents, as well as protection of judges dealing with that type of cases. 

Ms. Tatjana Marković, acting Supreme State Prosecutor said that the reform of prosecution organisation means engaging of interior capacities but also assistance from international factors. She said that the reform requires necessary education, specialisation, strengthening of capacities of the Department for Organised Crime and Corruption and increased budget for the prosecution organisation needs. For now, prosecution authorities have a serious problem of being unable to provide staff for the specialised department.

Congratulating the Government of Montenegro on adoption of the Action Plan for Reform of Judiciary, Mr. Garret Tankosić Kelly, UNDP Resident Representative a.i./UN Interagency Focal Point in Montenegro expressed hope that rapid implementation would follow.  “If properly implemented, this Action Plan should lay foundation for an independent, impartial and transparent judiciary, which will guarantee protection of the rights of citizens and legal entities,” said Mr. Tankosić Kelly.

“As in other countries in transition, challenges of judiciary in Montenegro are diverse, but generally could be grouped in three main categories: Judicial independence - which is commonly accepted to eliminate, or at least minimize the political influence over the judicial system;  Judicial effectiveness - to ensure that system is set in the way to guarantee that citizens receive timely and effective justice; and Judicial accountability - to enhance decision-making and ensure proper implementation of regulations governing judges’ ethical behavior,” Mr. Tankosić Kelly added.

“Independent, effective and accountable Judiciary is critical to fight corruption. Development and business corruption is particularly pernicious in the countries of the region. Newspapers are full of articles about business centers, housing complexes and seaside hotels being erected without permits, or alleged misuse of public funds or privatization scandals. Some of these have been followed by police investigations. Yet, the fact is that there is no case of corruption in the judiciary ending with a verdict in Montenegro. In this regard we support the recent plan of judicial authorities to treat cases of corruption and organized crime as priority,” reminded Mr. Tankosić Kelly and added that the UNDP Montenegro supports the recent judicial authorities’ plan to treat cases of corruption and organised crime as a priority.

20.338.589 Euros is the Budget for the Action Plan

Speaking of the Action Plan for the Reform of Judiciary for 2007-2012, Ms. Branka Lakočević, Deputy Minister of Justice explained that it includes concrete goals and measures, and a budget developed in details for a five-year period, amounting 20.338.589 euros. “This amount tells us that it is about an expensive project, but necessary as well to point to a necessity of providing financial assistance to the Montenegrin Judiciary in order to carry out the planned projects,” Ms. Lakočević said. “Moreover,” she added, “key institutions are in charge for the realization of this Plan, including the Ministry of Justice, the Courts and the Prosecutor’s Office.

Ms. Lakočević’s Presentation of the Action Plan

An Independent Judicial Council is Necessary

Ms. Vesna Medenica, President of the Supreme State Court identified establishing of an independent Judicial Council as a priority, and she invited donors to support the authorities of Montenegro in achieving this goal. “The Council’s basic jurisdiction will be nominations, disciplinary proceedings, releasing judges, as well as judicial management which is a primary issue to be solved in the framework of establishing of independent judiciary in Montenegro. Without an independent Judicial Council there will be no independent judiciary,” Ms. Medenica concluded.

Minister of Justice Mr. Miraš Radović said: “Our aim is to constitute a Judicial Council which will play a crucial role in managing courts and secure independence and autonomy of judges and courts through its practical work.”

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UNDP has invested significant resources in judiciary reform and will continue to support this process in the future. And there is a hope that many of donors will, too. As of recently, in cooperation with the Ministry of Justice, UNDP has developed a set of priority projects in line with the priorities of the Action Plan. More concretely, with appropriate donor support is ensured, UNDP plans to:

- continue to work on strengthening the capacities of the Ministry of Justice;
- work on introduction of Free Legal Aid system;
- increase judiciary efficiency through case backlog reduction;
- with generous support of the Norwegian Government continue to work on strengthening capacities of Judiciary to fight corruption and organized crime.

For more information on UNDP’s support to the Judicial Reform in Montenegro and to see the Action Plan for the reform, please click here...