Upholding the highest standards of independence, ethics and integrity continues to be a key priority for the European Union and Council of Europe’s further support to the judiciary in Montenegro. One of the key objectives of judicial reform is to improve the overall quality of judicial services and to strengthen the independence of the judiciary, including through the development of high-quality judicial policies and their effective implementation in practice.
As stated in the recent Rule of Law Non-paper regarding Chapter 23 and 24 for Montenegro, “legislative changes that are essential for the success of reforms in the area of rule of law need to be prepared in line with European standards and best practices.”
In this context, the EU and Council of Europe joint action “Accountability and professionalism of the judicial system in Montenegro” is assisting the judiciary in Montenegro to align its judicial legislative framework and implementing mechanisms with relevant European standards. Thanks to the support provided under this action, the Ministry of Justice of the Government of Montenegro embarked in amending the Law on Judicial Council and Judges to move towards the legislative reform and address the recommendations of the European Commission and Council of Europe monitoring bodies.
The Working group established by the Ministry of Justice has prepared a working version of the amendments which have been reviewed by international Council of Europe consultants and discussed over a hybrid working meeting held in Podgorica, on 6 - 7 June. The amendments have been prepared through an inclusive process which has involved representatives of the Ministry, the Judicial Council, the Supreme Court, the Association of Judges of Montenegro and civil society.
The focus of the proposed legislative changes is on strengthening the system for merit-based recruitment, promotion and evaluation of judges, reinforcing the role of the Judicial Council which should take greater role in the reform process together with judges and courts, and also on enhancing the existing accountability mechanisms and provisions related to judicial ethics and discipline. Such legislative development will contribute to improving judicial independence, efficiency, transparency and accountability and bringing Montenegro closer to best European practices and standards, while facilitating progress in reaching interim EU accession benchmarks.
The support is being provided under the action “Accountability and professionalism of the judicial system in Montenegro” which is a part of the joint European Union/Council of Europe programme “Horizontal Facility for the Western Balkans and Turkey 2019 – 2022”.
