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

1. Judicial reform in Montenegro in the scope of the European Union integration process The road forward and the steps taken Ms. Branka Lakočević Deputy Minister of Justice, Montenegro Member of the Commission for the European integrations of the Government of Montenegro Bratislava, UNDP Knowledge Fair, 17 June 2009

2. Montenegrin judiciary and the EU Country overview: • 700.000 inhabitants/capital: Podgorica -250.000 inhabitants • Recovered statehood in 2006 (before: State Union with Serbia) Country process with regard to EU accession: • 2006 – Regular political dialogue between the Government of Montenegro and the representatives of the EU institutions established` • Constitution along EU standards/with input from the Council of Europe through Venice Commission • 2007 – New European partnership with Montenegro established / Action plan for its implementation • Signing of Stabilization and Accession Agreement (SAA) • National plan for the integration of Montenegro in the EU (2008-2012) drafted • 2008 - Application for EU membership Next steps: * EU questionnaires procedure started and completed * Possible obtaining of the status of a candidate country

3. Montenegrin judiciary and the EU Facts and figures: • Background of the administration of justice in Montenegro: civil law / continental law system • The Montenegrin judiciary in numbers: - Number of judges in Montenegro: 264 • Number of courts in Montenegro: 22 • Number of prosecutors in Montenegro: 85 • Number of lawyers in Montenegro: 507 • Types of courts: administrative, civil, criminal and commercial • Number of courts: 15 basic courts, 2 high courts, 2 commercial courts, 1 Court of Appeal, 1 Administrative court, Supreme court , Constitutional court

4. Montenegrin judiciary and the EU General overview of judicial reforms in EU perspective I: 2000: 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: • Acceptance of new organizational, material and procedural laws as a normative background; • Implementation of newly accepted laws; • Professional development of the bearers of the judicial function; • Establishment of special institutions and development of the judicial information system. Results: • 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 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.; • Implementation of these laws by preparing unambiguous bylaws, regulations and rules of high quality, institutional mechanisms developed, and special attention paid to training and education of all stakeholders in judicial institutions; • 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 -> National Strategy for the Reform of the Judiciary in Montenegro drafted.

5. Montenegrin judiciary and the EU General overview of judicial reforms in EU perspective II: • 2006: Recovered statehood of Montenegro -> start of state building, judiciary reform process continued, Strategy for the reform of judiciary (2007-2012) drafted • Enhanced Permanent Dialogue with EU established • 2007: Government adopted Action Plan (and budget) to implement the Strategy for the reform of judiciary (2007-2012) • 2008: Action Plan implementation start & Commission established – organizing and harmonizing all state bodies’ actions with regard to the Action Plan

6. Montenegrin judiciary and the EU Reform of the Judiciary in Montenegro 2007-2012 National Action Plan: -> Aim: to bring Montenegro’s laws and legal system into compliance with EU membership criteria -> Four essential goals: • Enhancing the independence and autonomy of the judiciary • Enhancing the efficiency of the judiciary • Enhancing accessibility of judicial bodies: access to justice • Enhancing public trust in the judiciary

7. Montenegrin judiciary and the EU Reform of the Judiciary in Montenegro 2007-2012 National Action Plan Results I: • Approximation of national laws with EU acquis in progress • Judicial reform projects completed and in progress: • CARDS 2003 Regional judicial project completed • EC-funded Twinning Reform of the Judiciary and Juvenile justice reform in progress (in cooperation with the Federal Ministry of Justice of Austria and UNICEF) • Strengthening of the capacities of the Ministry of Justice in progress financed by Norway, implementation by UNDP) • Reform of the Legal Aid system: creating an effective and sustainable system of providing legal aid in progress(financed by the Netherlands and Norway, implementation by UNDP) • Strengthening the capacities of the Judiciary to fight corruption and organized crime in progress(financed by Norway, implementation by UNDP) • Support to the Judicial Council and Misdemeanour reform (financed by Norway, implementation by IMG) • Different activities of the Ministry of Justice in cooperation with the OSCE, Council of Europe, American Embassy

8. Montenegrin judiciary and the EU 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 established, clear criteria for the election, appointment, disciplinary proceedings, termination of office and dismissal of judges defined; Prosecutorial council formed • Enhancement of the Efficiency of the Judiciary: significant progress in reduction of backlogs, management (including monitoring) of courts and Prosecutor’s offices improved • Enhancing the Accessibility to Judiciary Bodies, access to justice: legal aid system establishment in process, security to court buildings improved • Enhancing Public Trust in Judiciary: inroads made in publishing of jurisprudence, introduction of PR officers in courts soon • Education in the Judiciary Bodies: annual training programs adopted and ongoing, institutional set up of Judicial Training Centre improved

9. Montenegrin judiciary and the EU • Enhancing International and Regional Cooperation: signing of different agreements on judicial cooperation • Alternative Ways of Dispute Settlement: mediations taking place in Podgorica Mediation Center, branch office opened in the North, opening of the office in the South in progress • Fight against Organised Crime and Corruption: two Special departments for organized crime, corruption, terrorism and war crimes opened within the High courts, the competences of the Special Prosecutor for organized crime broadened to the area of corruption, technical and human resources capacities of these institutions strengthened • Judicial Information System (PRIS): institutional preconditions created in order to realize planned measures by the establishment of the Council for the Realisation of PRIS and its Operational Team

10. Montenegrin judiciary and the EU Plans for the future: • Harmonization of all legislation with the acquis communaitaire and international standards • Further strengthening of the independence, autonomy and efficiency of the judiciary • Further enhancing of regional and international cooperation • Development of IT technologies and unique statistics