Judicial reform in Montenegro in the scope of the European Union integration process

Judicial reform in Montenegro in the Judicial reform in Montenegro in the scope of the European Union integration scope of the European Union integration

processprocess

The road forward and the steps takenThe road forward and the steps taken

Ms. Branka LakoMs. Branka LakoččevieviććDeputy Minister of Justice, MontenegroDeputy Minister of Justice, Montenegro

Member of the Commission for the European integrations of the Member of the Commission for the European integrations of the Government of MontenegroGovernment of Montenegro

Bratislava, UNDP Knowledge Fair, 17 June 2009Bratislava, UNDP Knowledge Fair, 17 June 2009

Montenegrin judiciary and the EUMontenegrin judiciary and the EU

Country overview:Country overview:

700.000 inhabitants/capital: Podgorica -700.000 inhabitants/capital: Podgorica - 250.000 inhabitants250.000 inhabitants

Recovered statehood in 2006 (before: State Union with Serbia)Recovered statehood in 2006 (before: State Union with Serbia)

Country process with regard to EU accession:Country process with regard to EU accession:

2006 – Regular political dialogue between the Government of Montenegro and the 2006 – Regular political dialogue between the Government of Montenegro and the representatives of the EU institutions established` representatives of the EU institutions established`

Constitution along EU standards/with input from the Council of Europe through Constitution along EU standards/with input from the Council of Europe through Venice CommissionVenice Commission

2007 – New European partnership with Montenegro established / Action plan for its 2007 – New European partnership with Montenegro established / Action plan for its implementation implementation

Signing of Stabilization and Accession Agreement (SAA)Signing of Stabilization and Accession Agreement (SAA) National plan for the integration of Montenegro in the EU (2008-2012) draftedNational plan for the integration of Montenegro in the EU (2008-2012) drafted 20082008 - - Application for EU membership Application for EU membership

Next steps:Next steps: * EU questionnaires procedure started and completed* EU questionnaires procedure started and completed * Possible obtaining of the status of a candidate country * Possible obtaining of the status of a candidate country

Montenegrin judiciary and the Montenegrin judiciary and the EUEU

Facts and figures:Facts and figures:

Background of the administration of justice in MontenegroBackground of the administration of justice in Montenegro:: civil law / continental law systemcivil law / continental law system

The Montenegrin judiciary in numbers:The Montenegrin judiciary in numbers:

- - Number of judges in Montenegro: 264 Number of judges in Montenegro: 264 - Number of courts in Montenegro: 22 Number of courts in Montenegro: 22 - Number of prosecutors in Montenegro: 85Number of prosecutors in Montenegro: 85- Number of lawyers in Montenegro: 507Number of lawyers in Montenegro: 507 Types of courts: Types of courts: administrative, civil, criminal and commercialadministrative, civil, criminal and commercial

Number of courts: Number of courts: 15 basic courts, 2 high courts, 2 commercial courts, 1 Court of 15 basic courts, 2 high courts, 2 commercial courts, 1 Court of Appeal, 1 Administrative court, Supreme court , Constitutional court Appeal, 1 Administrative court, Supreme court , Constitutional court

Montenegrin judiciary and the EUMontenegrin judiciary and the EUGeneral overview of judicial reforms in EU perspective I:General overview of judicial reforms in EU perspective I:

20002000: Project Reform of the Judicial System, by Government of the Republic of Montenegro -: Project Reform of the Judicial System, by Government of the Republic of Montenegro -> reforms in the judicial area for the period 2000 to 2005 with 4 main goals: > reforms in the judicial area for the period 2000 to 2005 with 4 main goals:

1.1. Acceptance of new organizational, material and procedural laws as a normative Acceptance of new organizational, material and procedural laws as a normative background;background;

2.2. Implementation of newly accepted laws;Implementation of newly accepted laws;3.3. Professional development of the bearers of the judicial function;Professional development of the bearers of the judicial function;4.4. Establishment of special institutions and development of the judicial information system.Establishment of special institutions and development of the judicial information system.

Results:Results: More than twenty laws from the judicial area adopted: Law on Courts, Law on State More than twenty laws from the judicial area adopted: Law on Courts, Law on State

Prosecutor, Criminal Code, Criminal Procedure Code, Law on Civil Procedure, Law on Prosecutor, Criminal Code, Criminal Procedure Code, Law on Civil Procedure, Law on Executive Procedure, Amendments to the Law on Execution of Penal Sanctions, Law on Executive Procedure, Amendments to the Law on Execution of Penal Sanctions, Law on Witness Protection, Law on Court Experts, Law on Notaries, Law on Mediation, etc.;Witness Protection, Law on Court Experts, Law on Notaries, Law on Mediation, etc.;

Implementation of these laws by preparing unambiguous bylaws, regulations and rules of Implementation of these laws by preparing unambiguous bylaws, regulations and rules of high quality, institutional mechanisms developed, and special attention paid to training high quality, institutional mechanisms developed, and special attention paid to training and education of all stakeholders in judicial institutions;and education of all stakeholders in judicial institutions;

Follow up at the end of this reform period by Strategic Document in this area, to Follow up at the end of this reform period by Strategic Document in this area, to determine further directions and goals for the reform of the judiciary in the future -> determine further directions and goals for the reform of the judiciary in the future -> National Strategy for the Reform of the Judiciary in Montenegro drafted.National Strategy for the Reform of the Judiciary in Montenegro drafted.


General overview of judicial reforms in EU perspective II:General overview of judicial reforms in EU perspective II:

20062006: Recovered statehood of Montenegro -> start of state building, judiciary reform : Recovered statehood of Montenegro -> start of state building, judiciary reform process continued, Strategy for the reform of judiciary (2007-2012) draftedprocess continued, Strategy for the reform of judiciary (2007-2012) drafted

Enhanced Permanent Dialogue with EU establishedEnhanced Permanent Dialogue with EU established

20072007: Government adopted Action Plan (and budget) to implement the Strategy for : Government adopted Action Plan (and budget) to implement the Strategy for the reform of judiciary (2007-2012) the reform of judiciary (2007-2012)

20082008: Action Plan implementation start & Commission established – organizing and : Action Plan implementation start & Commission established – organizing and harmonizing all state bodies’ actions with regard to the Action Planharmonizing all state bodies’ actions with regard to the Action Plan


Reform of the Judiciary in Montenegro 2007-2012 Reform of the Judiciary in Montenegro 2007-2012

National Action Plan:National Action Plan:

-> Aim: -> Aim: to bring Montenegro’s laws and legal system into compliance with EU to bring Montenegro’s laws and legal system into compliance with EU membership criteriamembership criteria

-> Four essential goals:-> Four essential goals:

1.1. Enhancing the independence and autonomy of the judiciary Enhancing the independence and autonomy of the judiciary

2.2. Enhancing the efficiency of the judiciary Enhancing the efficiency of the judiciary

3.3. Enhancing accessibility of judicial bodies: access to justice Enhancing accessibility of judicial bodies: access to justice

4.4. Enhancing public trust in the judiciaryEnhancing public trust in the judiciary


Reform of the Judiciary in Montenegro 2007-2012 National Action Plan Results I:Reform of the Judiciary in Montenegro 2007-2012 National Action Plan Results I:

1.1. Approximation of national laws with EU acquis in progressApproximation of national laws with EU acquis in progress

2.2. Judicial reform projects completed and in progress:Judicial reform projects completed and in progress:

CARDS 2003 Regional judicial project completedCARDS 2003 Regional judicial project completed EC-funded TwinningEC-funded Twinning Reform of the Judiciary Reform of the Judiciary and and Juvenile justice reformJuvenile justice reform in in

progress (in cooperation with the Federal Ministry of Justice of Austria and progress (in cooperation with the Federal Ministry of Justice of Austria and UNICEF)UNICEF)

Strengthening of the capacities of the Ministry of Justice Strengthening of the capacities of the Ministry of Justice in progress financed by in progress financed by Norway, implementation by UNDP)Norway, implementation by UNDP)

Reform of the Legal Aid system: creating an effective and sustainable system of Reform of the Legal Aid system: creating an effective and sustainable system of providing legal aid providing legal aid in progressin progress (financed by the Netherlands and Norway, (financed by the Netherlands and Norway, implementation by UNDP)implementation by UNDP)

Strengthening the capacities of the Judiciary to fight corruption and organized Strengthening the capacities of the Judiciary to fight corruption and organized crime crime in progressin progress (financed by Norway, implementation by UNDP)(financed by Norway, implementation by UNDP)

Support to the Judicial Council Support to the Judicial Council andand Misdemeanour reform ( Misdemeanour reform (financed by Norway, financed by Norway, implementation by IMG)implementation by IMG)

Different activities of the Ministry of Justice in cooperation with the OSCE, Council Different activities of the Ministry of Justice in cooperation with the OSCE, Council of Europe, American Embassyof Europe, American Embassy


Reform of the Judiciary in Montenegro 2007-2012 National Action Plan Results II:Reform of the Judiciary in Montenegro 2007-2012 National Action Plan Results II:

Enhancing the Independence and Autonomy of the Judiciary: e.g. Judicial Council Enhancing the Independence and Autonomy of the Judiciary: e.g. Judicial Council established, clear criteria for the election, appointment, disciplinary proceedings, established, clear criteria for the election, appointment, disciplinary proceedings, termination of office and dismissal of judges defined; Prosecutorial council formedtermination of office and dismissal of judges defined; Prosecutorial council formed

Enhancement of the Efficiency of the Judiciary: significant progress in reduction of Enhancement of the Efficiency of the Judiciary: significant progress in reduction of backlogs, management (including monitoring) of courts and Prosecutor’s offices backlogs, management (including monitoring) of courts and Prosecutor’s offices improvedimproved

Enhancing the Accessibility to Judiciary Bodies, access to justice: legal aid system Enhancing the Accessibility to Judiciary Bodies, access to justice: legal aid system establishment in process, security to court buildings improvedestablishment in process, security to court buildings improved

Enhancing Public Trust in Judiciary: inroads made in publishing of jurisprudence, Enhancing Public Trust in Judiciary: inroads made in publishing of jurisprudence, introduction of PR officers in courts soon introduction of PR officers in courts soon

Education in the Judiciary Bodies: annual training programs adopted and ongoing, Education in the Judiciary Bodies: annual training programs adopted and ongoing, institutional set up of Judicial Training Centre improvedinstitutional set up of Judicial Training Centre improved


Enhancing International and Regional Cooperation: signing of different agreements Enhancing International and Regional Cooperation: signing of different agreements on judicial cooperationon judicial cooperation

Alternative Ways of Dispute Settlement: mediations taking place in Podgorica Alternative Ways of Dispute Settlement: mediations taking place in Podgorica Mediation Center, branch office opened in the North, opening of the office in the Mediation Center, branch office opened in the North, opening of the office in the South in progressSouth in progress

Fight against Organised Crime and Corruption: two Special departments for Fight against Organised Crime and Corruption: two Special departments for organized crime, corruption, terrorism and war crimes opened within the High courts, organized crime, corruption, terrorism and war crimes opened within the High courts, the competences of the Special Prosecutor for organized crime broadened to the the competences of the Special Prosecutor for organized crime broadened to the area of corruption, technical and human resources capacities of these institutions area of corruption, technical and human resources capacities of these institutions strengthened strengthened

Judicial Information System (PRIS): institutional preconditions created in order to Judicial Information System (PRIS): institutional preconditions created in order to realize planned measures by the establishment of the Council for the Realisation of realize planned measures by the establishment of the Council for the Realisation of PRIS and its Operational Team PRIS and its Operational Team


Plans for the future: Plans for the future:

Harmonization of all legislation with the acquis communaitaire and international Harmonization of all legislation with the acquis communaitaire and international standardsstandards

Further strengthening of the independence, autonomy and efficiency of the Further strengthening of the independence, autonomy and efficiency of the judiciaryjudiciary

Further enhancing of regional and international cooperation Further enhancing of regional and international cooperation

Development of IT technologies and unique statisticsDevelopment of IT technologies and unique statistics

Judicial reform in Montenegro in the scope of the European Union integration process

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