Rule of Law: Supranationalization from the Perspective of Central and Eastern European Countries – Montenegro
Rule of Law: Supranationalization from the Perspective of Central and Eastern European Countries – Montenegro

Summary/Abstract: This paper examines how Montenegro’s candidacy for membership of the European Union has affected the interpretation and implementation of the supranational rule of law principles by its authorities. Considering that the EU’s definition of the rule of law has largely relied on the Council of Europe’s standards, this paper initially presents the rule of law principles to which Montenegro has committed itself as a member of the latter. Furthermore, it explores the relevant constitutional provisions and the case-law of the Constitutional Court of Montenegro to illustrate the domestic standpoint to the supranational interpretation of the rule of law. The paper goes on to present the dynamic of Montenegro’s negotiations with the EU. Learning from previous enlargements and past mistakes, the EU has declared the new approach to enlargement as more rigorous and comprehensive, built on strict but fair conditionality. The EU candidates have been required to address the fundamental reforms first, particularly those related to rule of law. Montenegro was the first country to open negotiations under this new approach. Hence, this paper presents the rule of law requirements that Montenegro has had to meet, specifically focusing on judicial reform, including appointments, evaluation, and disciplinary liability of judges and prosecutors, as well as measures against corruption and organized crime, since these areas were underscored by the EU as essential for Montenegro’s progress in negotiations. In line with the aforementioned, the paper explores how the change in the EU’s approach to negotiations has affected the rule of law requirements it set for Montenegro and portrays the progress that the country achieved during the 12-year process.

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