The Round table dedicated to strengthening the application of human rights standards in the practices of the Constitutional and regular courts in Montenegro, took place on 9 July 2024 in Podgorica. This event is a part of the overall efforts aimed at achieving two interrelated goals: strengthening the legal certainty through the harmonisation of judicial practices, and creation of harmonised approach in application of the European Convention at a national level.
Judges of the Constitutional, Supreme, Appellate and Higher Courts were discussing the application of standards related to deprivation of liberty in the context of Article 5 of the European Convention, that is defining the right to liberty and security, not only with the colleagues from the region, but also with representatives of the European Court of Human Rights and the Council of Europe.
Continuous judicial dialogue is one of the mechanisms for ensuring higher legal certainty. “What burdens the relationship between the Constitutional and regular courts, is the perception of the public on the existence of parallel jurisdiction in the events when the Constitutional Court finds the violations concerning the detention cases”. This was underlined by Snežana Armenko, President of the Constitutional Court of Montenegro, indicating that “it contributes to the further misunderstanding of the role of Constitutional Court, particularly when it comes to legal effects of its decisions and obligation for respect of its legal standing”.
Acting President of the Supreme Court of Montenegro, Vesna Vučković, said that the relationship between the Supreme and Constitutional Courts is not “rivalry” because they are united towards the same goal which is the protection of the rights and values of one society. “Precisely because of these values we have an obligation to provide citizens with high quality protection of human rights and fundamental freedoms in the shortest possible time, particularly when we discuss the right to freedom and security under the Convention“.
In the given context, the activities on strengthening the harmonised approach in application of the relevant standards at a national level will continue, taking into account jurisprudence of the European Court of Human Rights.
This round-table was organised with the support of the action "Strengthening accountability of the judicial system and enhancing protection of victims' rights in Montenegro", which is part of the joint European Union and Council of Europe programme “Horizontal Facility for the Western Balkans and Türkiye”.
