INDEPENDENT AND IMPARTIAL JUDICIARY IN MONTENEGRO – Challenges and Obstacles –
INDEPENDENT AND IMPARTIAL JUDICIARY IN MONTENEGRO – Challenges and Obstacles –

Author(s): Siniša Bjeković, Marija Vuksanović, Andrej Popović
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Administrative Law
Published by: CEDEM Centar za Demokratiju i Ljudska Prava
Keywords: judiciary reform;
Summary/Abstract: The reform of Montenegrin judiciary, initiated in 2000, was intensified after the renewal of the state independence in 2006. The Constitution from the year 2007 strengthened the independent position of judiciary and state prosecution. The Strategy for the Reform of Judiciary was adopted for the period 2007-2012 with the Action Plan for the implementation of the same. The strengthening of the independence and the autonomy of judiciary was proclaimed as one of the principal objectives of the Strategy. Numerous legislative changes were enacted regulating the organization and the functioning of judiciary, but also societal relationships which judiciary deals with in substantive sense. The institutional framework was improved, primarily through the establishment of special bodies, like the Judicial and Prosecutorial Council, which should contribute to the independence of judiciary. The aim of this publication is to consider the issue of the independence and impartiality of judiciary in the context of European integrations and international standards of human rights, to identify key challenges in the implementation of the judicial reform and to define the recommendations for the improvement of the same, in a form of policy paper.

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