kom (2024) 0800 - Ingen titel

Europaudvalget 2024
KOM (2024) 0800
Offentligt

EUROPEAN

COMMISSION

Brussels, 24.7.2024

SWD(2024) 829 final

COMMISSION STAFF WORKING DOCUMENT

2024 Rule of Law Report

Country Chapter on the rule of law situation in Montenegro

Accompanying the document

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN

PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL

COMMITTEE AND THE COMMITTEE OF THE REGIONS

2024 Rule of Law Report

The rule of law situation in the European Union

{COM(2024) 800 final} - {SWD(2024) 801 final} - {SWD(2024) 802 final} -

{SWD(2024) 803 final} - {SWD(2024) 804 final} - {SWD(2024) 805 final} -

{SWD(2024) 806 final} - {SWD(2024) 807 final} - {SWD(2024) 808 final} -

{SWD(2024) 809 final} - {SWD(2024) 810 final} - {SWD(2024) 811 final} -

{SWD(2024) 812 final} - {SWD(2024) 813 final} - {SWD(2024) 814 final} -

{SWD(2024) 815 final} - {SWD(2024) 816 final} - {SWD(2024) 817 final} -

{SWD(2024) 818 final} - {SWD(2024) 819 final} - {SWD(2024) 820 final} -

{SWD(2024) 821 final} - {SWD(2024) 822 final} - {SWD(2024) 823 final} -

{SWD(2024) 824 final} - {SWD(2024) 825 final} - {SWD(2024) 826 final} -

{SWD(2024) 827 final} - {SWD(2024) 828 final} - {SWD(2024) 830 final} -

{SWD(2024) 831 final}

kom (2024) 0800 - Ingen titel

BSTRACT

The justice system of Montenegro is undergoing an intensive phase of reforms, involving the

adoption and revision of a comprehensive package of laws, aimed at addressing systemic

issues of independence, accountability and impartiality in the judiciary and the prosecution,

and at further alignment with European and international standards. In May, Montenegro

adopted a new judicial reform strategy 2024-2027. Significant delays in high-level judicial

appointments have had an impact on the judicial system, however, by now only a new

President of the Supreme Court remains to be appointed. The promotion and enforcement of

ethics and professional standards among judges and prosecutors remains a challenge. The

effectiveness of the judiciary is hampered by the lack of strategic investment in human

resources, ICT and infrastructure. Serious challenges exist regarding the efficiency of justice,

where the length of proceedings for administrative cases has further increased.

A new 2024-2028 strategy for the fight against corruption was adopted in June 2024, along

with its 2024-2025 Action Plan

Montenegro criminalises most forms of corruption. The track

record of investigations and prosecutions in cases of high-level corruption is stable, but the

lack of trials and final decisions contributes to a perception of impunity. The Special

Prosecution Office (SPO) has significantly improved its performance over the past years,

although its human resources are insufficient to cope with its workload. While numerous

institutions have specific codes of conduct, the Government’s Code of Conduct is ineffective,

pending the adoption of the Law on Government with disciplinary penalties. The new

legislation on lobbying was adopted on 6 June. The legal framework regulating political

parties’ funding is hampered by shortcomings in its scope, clarity and implementation.

Montenegro adopted in June a comprehensive legislative package on media pluralism and

media freedom, consisting of amendments to the Law on the National Public Broadcaster

(RTCG), a new Audiovisual Media Services Law, and a new Media Law. It introduces

improvements on transparency of media ownership and other systemic areas, aiming to align

it with the EU

acquis.

The new legislation grants new powers to the Agency for Audiovisual

Media Services (AAVMS) addressing the long-standing challenge of its effectiveness to

enforce the regulatory framework by granting it with comprehensive sanctioning instruments,

including the power to impose fines in case of violations of the law. Information on all public

sector payments made to media outlets, including institutional advertising, is limited. The

appointment of the Director-General of the RTCG by the RTCG Council has been challenged

in court. While access to information and public documents is legally guaranteed in

Montenegro, it has limitations in practice. The authorities generally provide effective law

enforcement and institutional responses to new cases of violence against journalists, but there

was no effective judicial follow-up of emblematic past cases.

While the Ombudsperson’s Office has enhanced its capacity to handle complaints and

improve the quality of decisions, the absence of systematic follow-up to its recommendations

undermines the efficiency of its work. Despite an established framework for inclusive

legislative processes, challenges remain concerning inadequate public consultations. The

implementation of the Strategy for Cooperation of State Administration Bodies and Non-

Governmental Organisations 2022-2026 has not yet led to improvement in respect of civil

society.

kom (2024) 0800 - Ingen titel

USTICE

YSTEM

The judicial system of Montenegro consists of twenty-five courts of both general and

specialised jurisdiction and is organised in a three-tiered system

. The first instance courts of

general jurisdiction comprise 15 basic courts dealing with civil, labour, and criminal cases.

Two high courts adjudicate appeals against decisions of basic courts but also have

competences as first instance courts

. There are two courts of specialised jurisdiction, the

Commercial Court and the Administrative Court. The Appellate Court decides on appeals

against first-instance decisions of high courts, as well as on appeals against decisions of the

Commercial Court. Montenegro has a two-tiered misdemeanour court system comprised of

three basic misdemeanour courts and one high misdemeanour court. The Supreme Court is

the highest court and deals with all types of litigation. The Constitutional Court is responsible

for protecting the constitutional order, and human rights and freedoms

. The independence of

the judiciary and the autonomy of the prosecution service are enshrined in the Constitution

The Judicial and Prosecutorial Councils are responsible for ensuring the independence of the

courts and the autonomy of the prosecution service and are competent for the appointment

and careers of judges and prosecutors

. The Prosecutorial Council is a self-governance body,

whose members are appointed by Parliament. Procedural safeguards aimed at preserving the

autonomy and independence of State Prosecutors are regulated by law, including the

procedures for giving instructions to prosecutors from the prosecution service and

withdrawing cases from them

.Working arrangements with the European Public Prosecutor’s

Input from Montenegro for the 2024 Rule of Law Report, p. 1.

This concerns criminal proceedings punishable by law by imprisonment over 10 years, organised crime,

high-level corruption, money laundering, terrorism and war crimes. Article 16 of the Law on courts of

Montenegro, 2015.

The Constitutional Court has seven judges, elected by the Parliament of Montenegro with qualified majority;

two judges are nominated by the President of Montenegro and five by the relevant parliamentary body. The

President of the Constitutional Court is elected for amongst the judges for the period of three years.

Constitution of Montenegro, Article 153.

Constitution of Montenegro, Article 118, Article 135.

The Constitution of Montenegro, the Law on the Judicial Council and Judges and the Law on the State

Prosecution Service regulate the Judicial and Prosecutorial Councils. As laid out in Article 127 of the

Constitution, the Judicial Council is composed of a president and nine members, which include (i) the

President of the Supreme Court; (ii) four judges to be elected and released from duty by the Conference of

Judges, taking into account equal representation of courts and judges; (iii) four lay members from reputable

lawyers elected and released from duty by the Parliament at proposal of the competent working body of the

Parliament upon announced public invitation; (iv) Minister in charge of judicial affairs. The Prosecutorial

Council secures the independence of the State Prosecutor’s Office. It is composed of 11 members: (i) the

President (the Supreme State Prosecutor

ex officio);

(ii) five prosecutorial members (prosecutors elected by

their peers according to the quotas of representation of different levels and types of prosecution offices); (iii)

four lay members, including two eminent lawyers, one experienced attorney proposed by the Bar

Association, and one distinguished lawyer nominated by NGOs, elected by Parliament by a simple majority

of votes; and (iv) one member delegated by the Ministry of Justice. Law on State Prosecution Service,

Article 18.

The Law on State Prosecution Service prescribes that, for the uniform application of the law, mandatory

instructions for work may be issued. Mandatory instructions for work include general instructions and

instructions for handling individual cases. General instructions are issued by the Supreme State Prosecutor,

and the head of the state prosecution can initiate their adoption. General instructions are given in written

form. Instructions for handling individual cases are given by: 1) the Supreme State Prosecutor for state

prosecutors from the Supreme State Prosecution Office, for the Chief Special Prosecutor, for heads of higher

and basic state prosecutions; 2) the Chief Special Prosecutor for special prosecutors from the Special

kom (2024) 0800 - Ingen titel

Office (EPPO) are in place

. The Montenegrin Bar Association is an autonomous and self-

regulating professional body responsible for overseeing the registration of lawyers and

regulating their professional conduct, including handling disciplinary proceedings

Independence

The level of perceived judicial independence in Montenegro is low among the general

public and very low among companies.

Overall, 35% of the general population and 28% of

companies perceive the level of independence of courts and judges to be ‘fairly or very good’

in 2024

. The main reason cited by companies for the perceived lack of independence of

courts and judges is the perception of interference or pressure from the Government and

politicians

The legal framework guaranteeing the independence and impartiality of the judicial

system has been revised.

The European Commission and the Venice Commission

highlighted that the previously applicable laws, namely the Law on the Judicial Council and

Judges, and the Law on the State Prosecution Service, had to be brought in line with

European standards on the composition, appointment, promotion, and professional evaluation

of judges

. In April 2024, as part of the work to meet the interim benchmarks

, Montenegro

submitted draft amendments to the Law on Judicial Council and Judges to the Venice

Commission for an urgent opinion, which was delivered in May

. These amendments were

adopted by Parliament in June 2024. Both, the Law on Judicial Council and Judges, and the

Law on State Prosecution Service are now broadly in line with European standards

. At

present, one of the key issues to be remedied is the role of the Minister of Justice as an

Prosecution Office; 3) the head of the higher state prosecution for state prosecutors from that prosecution

and heads of basic state prosecution offices within their area of jurisdiction; 4) heads of basic state

prosecutions for state prosecutors from those prosecution offices.

A cooperation agreement between the EPPO and the Supreme State Prosecutor Office was signed in 2022.

EPPO (2022), Press Release 22.09.2022, – EPPO signs working arrangement with Supreme State

Prosecutor’s Office of Montenegro.

Input from Montenegro for the 2024 Rule of Law Report, p. 5.

Eurobarometer survey FL540, conducted among the general public between 14 February and 27 February

2024, and Eurobarometer survey FL541, conducted among companies between 14 February and 5 March

2024. The level of perceived judicial independence is categorised as follows: very low (below 30% of

respondents perceive judicial independence as fairly good and very good); low (between 30-39%), average

(between 40-59%), high (between 60-75%), very high (above 75%).

Eurobarometer survey FL541, conducted among companies between 14 February and 5 March 2024.

In its previous Opinions, the Venice Commission outlined several elements for Montenegro to address in

order to bring the current rules in line with European standards. The issues concerned the manner of

regulating the work-related rights of the judges, including the retirement age and pension rights; limiting the

use of the temporary anti-deadlock mechanisms for key appointments to specific exceptional events;

bringing the evaluation and disciplinary proceedings of judges in line with European Standards and

reinforcing the independence of the Judicial Council and the legal guarantees to avoid undue political

influence. Venice Commission Opinion CDL-AD(2023)011; CDL-REF(2023)016; CDL-AD(2022)050. This

was also part of the 2023 Communication on enlargement policy, Montenegro report, p. 22-23.

Interim benchmarks were set out in the EU common position to open accession negotiations for Montenegro

by the EU Member States. In line with the revised methodology, Chapters 23 and 24 are part of the

fundamentals. It is only after these interim benchmarks are met, that Montenegro can start closing other

negotiating chapters and move forward in the accession process.

Venice Commission Opinion CDL-PI(2024)007.

European Commission (2024) Interim benchmark assessment Report on Montenegro.

kom (2024) 0800 - Ingen titel

officio

member of the Judicial Council with comprehensive voting rights, save for

“disciplinary proceedings related to accountability of judges”

, which would require a

constitutional amendment

. Another relevant standard regarding the composition of the

Judicial Council is that judges chosen by their peers must make up at least half of its

members. Since

ex-officio

judge members do not count in this regard, in the present

composition of the Judicial Council, the number of judges selected by their peers are still less

than half

. Draft amendments to the Law on the State Prosecution Service were prepared to

strengthen the independence of the Prosecutorial Council and they were sent to the Venice

Commission, in April 2024, for an opinion

. These amendments, which were adopted by

Parliament in June 2024, concern in particular the procedure for appointing the non-judge

members of the Prosecutorial Council, in order to mitigate the risks of politicisation of the

Prosecutorial Council resulting from the current simple majority mode of election in

Parliament

. The Constitution does not prescribe the composition of the Prosecutorial

Council and the method of election of its members. In the view of the Venice Commission,

such an explicit indication would be a more sustainable solution

Significant delays in high-level judicial appointments have ultimately had an impact on

the judicial system, although by now only a new President of the Supreme Court

remains to be appointed.

Following a long period of political standstill

, during which a

Constitution of Montenegro, Article 128 (3). See also Venice Commission Opinion CDL-AD(2022)050 with

further references. Moreover, GRECO recommended that the Minister of Justice should not feature in the

composition of the Judicial Council, or at least that his/her right to take part in voting on career related issues

(transfer, appointment, dismissal, appraisal) should be limited. In its 2020 4

Evaluation Round on

Corruption prevention in respect of members of parliament, judges and prosecutors, GRECO recommended

(i) taking additional measures to strengthen the Judicial Council’s independence – both real and perceived –

against undue political influence, including by abolishing the ex-officio participation of the Minister of

Justice in the Council, by providing for no less than half of the Council’s membership to be composed of

judges who are elected by their peers and by ensuring that the presiding function is given to one of those

judicial members, p. 4.

Montenegro has committed to withdraw the presence of the Minister of Justice from the Council. The

Minister is no longer taking part in the meetings of the Judicial Council since 9 February 2024 and has

issued on 24 May 2024 a formal Decision by which he recuses himself from participating in the work of the

Judicial Council, to offer the necessary legal guarantees pending the outstanding legislative and

constitutional changes to bring the Constitution in line with European Standards including Venice

Commission and GRECO recommendations with regard to the composition of the Council. Finally, the

Prime Minister informed in a letter to the European Commission of the Government’s support to this

decision, which was recorded in the official minutes of the Government’s session on 24 May 2024, and

which counts with cross-party consensus.

Not less than half the members of such councils should be judges chosen by their peers from all levels of the

judiciary and with respect for pluralism inside the judiciary. Council of Europe (2010), Recommendation

CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe on judges: independence,

efficiency and responsibilities, paragraph 27; The ex officio judges do not count as peer elected judges.

Venice Commission opinion (CDL-AD(2020)035), paragraph 44. For composition of the Judicial Council,

see footnote 5 above.

Venice Commission Opinion CDL-REF(2024)011.

Venice Commission Opinion CDL-AD(2021)0302021; CDL-AD(2021)030; CDL-PI(2021)008; CDL-

AD(2021)012. 2023 Communication on EU Enlargement policy, Montenegro Report, pp. 22-23.

Venice Commission Opinion CDL-PI(2024)012, paragraph 23.

Until October 31, 2023, when Prime Minister Spajić’s new Government assumed office, Montenegro

endured a prolonged period of political stagnation and profound polarisation. During this time, a caretaker

Government governed, as the Parliament struggled to muster a stable majority. 2023 Communication on EU

Enlargement policy, Montenegro Report, pp. 3.

kom (2024) 0800 - Ingen titel

number of high-level posts were vacant or occupied

ad interim

beyond the legal time limit

on 27 February 2023 Parliament appointed three judges to the Constitutional Court,

reinstating the Court’s decision-making quorum of four judges. The absence of quorum since

September 2022, had not only undermined the Court’s efficiency and ability to function

properly, but had also led to delays in confirming election results, raising concerns about its

role within the country’s fundamental democratic structures

. In November 2023, Parliament

appointed the seventh judge to the Constitutional Court, restoring its full composition. In

addition, in December 2023, three lay members (i.e. non-judges) to the Judicial Council were

appointed by Parliament

, replacing those whose mandate expired in 2018, including the

Council’s acting president

. Since 2018, the Judicial Council had been operating despite the

expiration of the mandate of part of its members based on a temporary anti-deadlock

mechanism. The Judicial Council appointed its new President in December 2023. In January

2024, the Parliament appointed a new Supreme State Prosecutor. The only remaining high-

level judicial appointment is a new full-time President of the Supreme Court, whose

appointment by the Judicial Council is pending since December 2020. In addition, many

judicial and prosecutorial vacant positions still need to be filled

. Currently, there are 58

vacant judicial positions and 56 vacant prosecutorial positions (out of 329 positions for

judges and 141 positions for prosecutors)

. Furthermore, stakeholders reported instances of

undue influence and public attacks on the legal profession caused by derogatory public

comments by Government officials, and targeting individual lawyers and the State

Prosecutor’s Office, which may contribute to undermining the public trust in the judiciary

The promotion and enforcement of ethics and professional standards among judges and

prosecutors remains a challenge.

Montenegro is expected to amend the disciplinary and

ethical legal framework for judges and prosecutors and to strengthen the accountability of

judges and prosecutors

. Since August 2022, the Ethical Commission of the Judicial Council

has not fulfilled its duties by refraining from issuing decisions on any of the 19 pending

These extended mandates reflected adversely on the independence, legitimacy, accountability,

professionalism and stability of the judiciary. 2023 Communication on EU Enlargement policy, Montenegro

Report, pp. 21-27. OHCHR (2023), Press release 26.09.2023, Montenegro: Failure to ensure judicial

independence hindering access to justice, says UN expert

Prior to the restoration of the quorum, the Constitutional Court was unable to adjudicate appeals regarding

the local election results held on 23 October 2022. This hindered the establishment of local governments in

specific municipalities and compromised the full and effective legal protection of voting rights. 2023

Communication on EU Enlargement policy, Montenegro Report, p. 10.

These three members were elected as members of the Judicial Council from the group of lawyers, at the

session of the Parliament on 21 December 2023.

The President of the Judicial Council and the deputy were elected at the constituent session of the Judicial

Council of Montenegro on 29 December 2023.

Mina News (2024), Press release 10.03.2024, Korać: I expect that we will receive a proposal for a candidate

for the president of the Supreme Court

Judicial Court of Montenegro (2023), Annual work report on the Judicial Council and total statement in the

Court for 2023; 2023 Annual Report of the Prosecutorial Council (2024); Information received in context of

the country visit to Montenegro from the Ministry of Justice.

Successive press releases by the Bar Association from 6 July 2023, 17 July 2023, 24 January 2024 and 2

February 2024, claiming undue influence, attacks on the legal profession and targeting of individual lawyers

and the State Prosecutor’s Office as a whole, including in response to statements made by the Minister of

Internal Affairs and Minister of Justice. Information received in context of the country visit to Montenegro

from the Montenegro Bar Association.

2023 Communication on EU Enlargement policy, Montenegro Report, pp. 27-28.

kom (2024) 0800 - Ingen titel

cases

. While the decisions of the Ethical Commission are grounded on violations of the

Ethical Code and require comprehensive justification, there is still no legal recourse available

for judges to challenge its decisions, as required by law

. The Ethical Commission of the

Prosecutorial Council resumed its operations in September 2022, addressing several pending

cases

. It currently has four cases under review. The disciplinary practice of the Judicial and

Prosecutorial Councils in sanctioning judges and prosecutors for not submitting reports on

assets and incomes to the Agency for the Prevention of Corruption (ACA) has proven

effective at the level of misdemeanours proceedings, however, there have been no convictions

of judges and prosecutors based on criminal proceedings arising from checks of asset

declarations. There is scope to continue improving the verification of asset declarations of

judges and prosecutors by providing for substantive checks of such declarations by the

Agency, as well as the effective disciplinary practice of the Judicial and Prosecutorial

Councils for failure to submit assets and income declaration reports to the Agency

. As for

the enforcement of the judicial inspection system

, incorporating more thorough and surprise

inspections, presents a challenge

. Progress in implementing new ethical codes for notaries,

public bailiffs, and court interpreters has been modest

and the proposed Draft Code of

Ethics for Lawyers is pending adoption by the Bar Association

Situation on pending cases as of 14 March 2024.

Judicial Court of Montenegro (2023), Annual work report on the Judicial Council and total statement in the

Court for 2023.

2023 Communication on EU Enlargement policy, Montenegro Report, p. 27.

European Commission (2024) Interim benchmark assessment Report on Montenegro. According to the Law

on Prevention of Corruption, judges and prosecutors have the obligation to declare their assets and income

each year and to report on possible conflicts of interest. These declarations are checked by the Anti-

Corruption Agency, which performs three levels of checks for these declarations from public officials:

fulfilment of the obligation to submit declarations; accuracy and completeness; and in-depth verification for

declarations of high-ranking public officials each year based on the degree of risk. In December 2023, the

Agency adopted a step-by-step methodology for the in-depth verification of assets and income declarations

based on European best practice, which introduces a risk-based approach for initiating cases ex officio, thus

improving the accuracy, quality, efficiency, and impartiality of the Agency’s work in this area. However, the

Agency for the Prevention of Corruption (ACA) limits its verification of these asset declarations to the

fulfilment of the legal obligation to submit asset declarations, and a failure to do so only results in

administrative and misdemeanor proceedings. Law on Prevention of Corruption (OG, 53/2014 and 42/2017).

The Ministry of Justice has its own inspection system, which conducts both announced and unannounced

inspections. In December 2023, the Ministry of Justice established a new Directorate for Judicial

Supervision, expanding its staff to include a general director and eight inspectors. European Commission

(2024) Interim benchmark assessment Report on Montenegro.

In the first half of 2023, Ministry of Justice judicial inspectors conducted inspections in 10 courts and six

prosecution offices, detecting no irregularities. In 2022, similar inspections were carried out in 20 courts and

16 prosecution offices. Furthermore, an extraordinary inspection was conducted at the High Court in

Podgorica at the acting President of the Supreme Court’s request. These inspections revealed a total of 15

irregularities, with 8 found in court operations and 7 in prosecution offices. 2023 Communication on EU

Enlargement policy, Montenegro Report, p. 28.

The Assembly of Chamber of Notaries of Montenegro adopted the Code of Notary Ethics on 28 December

2020. The Assembly of Chamber of Public Bailiffs of Montenegro adopted the Code of Ethics for Public

Bailiffs on 27 November 2019. The Montenegrin Association of Interpreters adopted the Code of Interpreters

on 28 January 2021.

The Bar Association still uses the Code of Professional Ethics of Lawyers adopted on 16 January 1999 by

the Yugoslav Bar Association.

kom (2024) 0800 - Ingen titel

Quality

The judicial system of Montenegro is undergoing an intensive phase of reforms,

involving the revision of several laws, aimed at further alignment with European and

international standards.

The Judicial Reform Strategy 2024-2027

, along with an

accompanying action plan for the period 2024-2025, prepared by the Ministry of Justice, was

adopted in May 2024

. The Strategy aims, in particular, to strengthen the quality, efficiency

and independence of the judicial system, to improve access to justice and to increase trust in

the judicial system

. The Government has established a new Council for monitoring its

implementation, which includes representatives of the main stakeholders of the executive,

judiciary and state prosecution service. The action plan for the period 2024-2025 foresees

amendments to the Law on Judicial Council and Judges, the Law on State Prosecution

Service, Law on the Special State Prosecutor’s Office, Law on Amendments to the Law on

Courts and to the Criminal Procedure Code; which were adopted in June 2024. In addition,

the preparatory work within the Government on amendments to the Criminal Code is

ongoing

The effectiveness of the judiciary is hampered by the lack of strategic investment in

human resources, ICT and infrastructure.

A new Plan for the Rationalisation of the

Judicial network has been adopted by the Government on 17 May 2024

. The Judicial

Council has adopted a plan to upgrade the court information system (PRIS), which is used for

case allocation, tracking, management, and communication with parties. This upgrade, which

will be rolled out in the coming period, aims to revise the existing random case allocation

procedure, further improving the efficiency of case allocation and the use of judicial statistics.

Additionally, it plans to expand the use of PRIS to misdemeanour courts. The upgrade is

scheduled for completion in the first quarter of 2025

. Moreover, the collection of statistical

data across courts in compliance with the European Commission for Efficiency of Justice

(CEPEJ) remains a challenge

. Furthermore, the lack of specialised judges and prosecutors,

the lack of expertise in certain areas

, and the shortage of judges in courts, negatively impact

the effectiveness of the random allocation of cases envisaged by PRIS

. The lack of specific

Government of Montenegro (2024), Justice Reform Strategy 2024-2027.

Information received in context of the country visit to Montenegro from the Ministry of Justice; Input from

Montenegro for the 2024 Rule of Law Report, p. 3.

It also underwent a 20-day public consultation during January, after which a round table was organised on 24

January. Input from Montenegro for the 2024 Rule of Law Report, p. 3.

The Action Plan also includes future adoption of amendments to the Law on regulating financial position of

judges and public prosecutors, Law on Bailiffs, Law on Court Experts, Law of Civil Code of Procedure, Law

on Execution and Security of Claims, Law on Administrative Procedure, Law on Alternative Dispute

Resolution, Law on International Mutual Assistance, Law on Amendments to the Law on Judicial

Cooperation in Criminal Matters Law on Free Legal Aid, Law on Treatment of Juveniles in Criminal

Proceedings, and Law on Family violence. Government of Montenegro (2024), Justice Reform Strategy

2024-2027; information received in context of the country visit to Montenegro from the Ministry of Justice.

Information received in the context of the country visit to Montenegro from the Ministry of Justice.

European Commission (2024) Interim benchmark assessment Report on Montenegro.

2023 Communication on EU Enlargement policy, Montenegro Report, p. 30.

Information received in the context of the country visit to Montenegro from the Special State Prosecutor’ s

Office.

2022 Communication on EU Enlargement policy, Montenegro Report, p. 22.

kom (2024) 0800 - Ingen titel

skills also poses a challenge to recruitment

, which is further undermined by uncompetitive

salaries

. The 2023 annual budget for the judiciary was EUR 30.6 million

, which

stakeholders considered insufficient

. Furthermore, at all levels of the judiciary, the allocated

working spaces and working conditions including equipment, are considered inadequate

This is notably the case of the Special State Prosecution Office

. Against this background,

challenges exist on strategic investment in physical infrastructure

, ICT, and human

resources

Reflections are underway to improve the communication and transparency of the

Judicial and Prosecutorial Councils.

While sessions of the Judicial and Prosecutorial

Councils are open to the public and both Councils are developing strategic documents to

enhance public communication

, neither of them fully publishes reasoned decisions on

promotions, appointments, and disciplinary cases.

Efficiency

Serious challenges exist regarding the efficiency of justice, where the length of

proceedings for administrative cases has further increased.

In 2022, the clearance rates

for civil, commercial, administrative, and criminal cases were below 90% for both first and

second instance courts

. Especially for first instance administrative cases, the clearance rate

was very low at 40%, and with a very high disposition time of 1 180 days. According to the

authorities, these developments are caused by a rise of complaints about applying the Law on

Free Access to Information and the related increase of administrative cases in 2022. A

significant decrease in terms of clearance rates and increase of disposition times was recorded

between 2021 to 2022 across all case categories and for both first and second instance

cases

. The Constitutional Court has to address a considerable backlog of constitutional

There is often only a little pool of candidates fulfilling the specific profile sought. Information received in

the context of the country visit to Montenegro from the Special State Prosecutor’s Office.

Stakeholders emphasised the necessity of enhancing the appeal of judicial careers, including through a raise

in current salaries. Information received in the context of the country visit to Montenegro from the

Ombudsperson’ s Office, Special State Prosecutor’s Office and civil society organisations.

Judicial Court of Montenegro (2023), Annual work report on the Judicial Council and total statement in the

Court for 2023.

Information received in the context of the country visit to Montenegro from the Special State Prosecutor’s

Office.

Information received in the context of the country visit to Montenegro from the Special State Prosecutor’s

Office.

Information received in the context of the country visit to Montenegro from the Special State Prosecutor’s

Office.

The spatial capacity of courts is limited, and their facilities are inadequate, with certain areas lacking

elevator access, thereby impeding individuals’ ability to exercise their right to access the courts. Information

provided in context of the country visit to Montenegro by the Ombudsperson’s Office.

2023 Communication on EU Enlargement policy, Montenegro Report, p. 30.

2023 Communication on EU Enlargement policy, Montenegro Report, p. 24. Information on public

communication documents will be mentioned in this year’s annual report. Information was received from

Judicial and Prosecutorial Councils.

CEPEJ (2022), Dashboard Western Balkans. Beneficiary Profile Montenegro – 2022 Date Collection, p. 16.

Clearance rate in 2022 was 86%, and 89% for civil and commercial cases, 40% and 91% for administrative

cases, and 81% and 83% for criminal cases respectively for first and second instance.

For first instance cases, the clearance rate for civil and commercial cases declined by 6 percent points, and

the disposition time increased by 16.1%. For criminal cases, the clearance rate declined by 20 percent points,

kom (2024) 0800 - Ingen titel

complaints and requests for reviewing the constitutionality of laws and other legal acts that

have accumulated since February, as a result of its incomplete composition between

September 2022 and February 2023

II.

NTI

-C

ORRUPTION

RAMEWORK

The independent Agency for Prevention of Corruption is the key institution for promoting

integrity and preventing corruption

. The main investigative anti-corruption bodies are the

Department for the Fight Against Organised Crime and Corruption within the Criminal Police

Sector of the Police Directorate

, and the Special State Prosecutor`s Office within the State

Prosecution Service that has the jurisdiction for prosecution of perpetrators of corruption-

related criminal offences

. Other institutions that contribute to the fight against corruption

include the Financial Investigations Unit (FIU) and the Administration for Prevention of

and disposition time increased by 19.5%. For second instance, the clearance rate decreased by 14, 0.9 and

9.9 percent points for civil and commercial, administrative and criminal cases respectively. The disposition

time increased by 68% for civil and commercial cases, by 28,4% for administrative cases, and 194,9% for

criminal cases.

In February 2023, after the Parliament appointed three judges, the Constitutional Court resumed its work on

a backlog of over 3 000 constitutional complaints and over 250 initiatives for reviewing the constitutionality

of laws and other legal acts. 2023 Communication on EU Enlargement policy, Montenegro Report, p. 22;

information received in the context of the country visit to Montenegro from the Constitutional Court.

The legislative framework for prevention of corruption in Montenegro consists of the Law on Prevention of

Corruption (OG 53/14, 42/17, 73/23), the Law on Financing of Political Entities and Election Campaigns

(OG 3/20, 38/20) and the Law on Lobbying (OG 52/14) which regulate the work of the Anti-Corruption

Agency (ACA). ACA was established in January 2016 and took over the responsibilities of the Directorate

for Anti-Corruption Initiative and the Commission for Prevention of Conflict of Interest which then ceased

to exist. The ACA’s managing bodies are the ACA Council and the Director. At the proposal of the Anti-

Corruption Committee of the Parliament of Montenegro, the Parliament elects the members of the ACA

Council which then appoints the Director. ACA is responsible for implementing measures to prevent conflict

of public and private interest (Article 9 of the Law on prevention of corruption), restrictions in the exercise

of public functions (Article 11 of the Law on prevention of corruption), collecting and checking the reports

on assets and income of public officials (Article 25 of the Law on prevention of corruption), receiving and

acting upon whistleblower reports (Articles 48-64 of the Law on prevention of corruption), and protecting

whistle-blowers (Articles 65-72 of the Law on prevention of corruption). The Agency also has

responsibilities to implement the Law on financing of political entities and election campaigns (Article 4)

and the Law on Lobbying (Article 47).

The Department carries out activities related to: monitoring and analysing the situation and trends of

organised crime; monitoring and analysing international criminal groups related to Montenegrin perpetrators

of criminal activity; defining centres of organised crime; identifying, monitoring and studying organised

crime; carrying out risk assessments and damage caused by organised crime; implementing operational

activities in relation to groups and individuals; initiating at the Special Prosecutor’s Office the application of

special investigative techniques; directly participating in identifying of assets gained through crime and their

seizure; proposing preventive measures within the competence of criminal police, in relation to organized

crime; implementing international police cooperation in specific cases and in that sense, the law enforcement

agencies of countries from the region and beyond, establishing a network of contacts to ensure timely

exchange of operational and other data about Montenegrin citizens, etc.

High-level corruption: a) if a public official committed the following criminal offences: abuse of office,

fraud in the conduct of an official duty, trading in influence, inciting to engage in trading in influence,

passive and active bribery; b) if the proceeds of crime exceeding the amount of EUR 40 000 have been

obtained by committing the following criminal offences: abuse of position in business undertakings; abuse of

authority in economy. Law on the Special State Prosecutor’s Office (OG 10/15, 53/16).

kom (2024) 0800 - Ingen titel

Money Laundering and Terrorism Financing, as well as the Tax Administration. In addition,

there is an Anti-Corruption Committee in the Parliament.

The perception among experts and business executives is that the level of corruption in

the public sector is high.

In the 2023 Corruption Perceptions Index by Transparency

International, Montenegro scores 46/100 and ranks 63

globally

. This perception remained

relatively stable

over the past five years.

A new 2024-2028 strategy for the fight against corruption was adopted on 4 June 2024,

along with its 2024-2025 Action Plan.

A new National Council for the Fight against

Corruption was established in February 2024. The Deputy Prime Minister

will chair the

Council

. Its main task has been the preparation of the new strategy, adopted on 4 June,

along with its 2024-2025 action plan Following the strategy’s adoption, the Council monitors

and reports on its implementation.

Montenegro criminalises most forms of corruption.

The Criminal Code provides for active

and passive bribery concerning public officials

, and also covers bribery committed by a

foreign public official

. Montenegro has a broad legal and regulatory framework in place

covering most corruption crimes of the UN Convention against Corruption (UNCAC), to

which Montenegro is a Party. Montenegro is not a signatory party to the OECD Anti-Bribery

Convention

. Montenegro criminalises embezzlement and unauthorised use (also in the

private sector) as well as trading in influence and offences of abuse of office

The track record of investigations and prosecutions in cases of high-level corruption is

stable, but the lack of trials and final decisions contributes to a perception of impunity.

Transparency International (2024), Corruption Perceptions Index 2023. The level of perceived corruption is

categorised as follows: low (the perception among experts and business executives of public sector

corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-50),

high (scores below 50).

In 2019, the score was 45, while in 2023, the score was 46. The score significantly increases/decreases when

it changes more than five points; improves/deteriorates (changes between 4-5 points) is relatively stable

(changes from 1-3 points) in the last five years.

Besides the Deputy Prime Minister, the National Council includes 8 Ministers, heads of the Anti-Corruption

Agency (ASK), National Security Agency (ANB), Customs Administration, Tax Administration, Supreme

State Prosecutor, Chief Special Prosecutor, Supreme Court President, representatives of the Chamber of

Commerce, Montenegro’s Academy of Sciences and Arts (CANU), the Union of Municipalities, and NGO

representatives.

The Council has the following mandate: monitor and analyze the work of state entities, institutions,

organisations and bodies in the fight against corruption and organized crime; consider issues and problems in

the implementation of laws related to the fight against corruption and organized crime; propose additional

measures to improve strategies, action plans and other documents related to the fight against corruption and

organised crime. Parliament of Montenegro (2024), Anti-Corruption Committee.

Articles 423 and 424 of the Montenegro’s Criminal Code.

Article 142(3) point 5a includes a foreign public official into the definition of “public official”. Bribery in

the private sector is not covered.

OECD (2018), Convention on Combating Bribery of Foreign Public Officials in International Business

Transactions, Ratification Status as of May 2018.

Embezzlement (Article 420 Criminal Code) and unauthorised use (Article 421 Criminal Code), also in the

private sector (Article 421a Criminal Code), trading in influence (Article 422 & 422a Criminal Code) and

abuse of office and related offences (Article 416-419 Criminal Code).

kom (2024) 0800 - Ingen titel

Over the last two years, the Special Prosecution Office acted promptly in several high-profile

cases that appear to point to a deep infiltration of corruption and organised criminality within

State structures, including at the top level of the judiciary and law enforcement. The track

record of investigations and prosecutions in cases of high-level corruption is stable. By

contrast, the track record of trials and final decisions is almost non-existent, contributing to a

perception of impunity, which in turn hampers deterrence

The human resources of the Special Prosecution Office (SPO) are insufficient to cope

with its workload.

As of 8 March 2024, the Chief Special Prosecutor, nine special

prosecutors and five state prosecutors seconded to Special State Prosecutor’s Office carry out

the prosecutorial function within the SPO. The SPO’s human resources are, however, deemed

insufficient to cope with a workload of up to 100 cases per special prosecutor

. Given the

complexity of the investigations to be carried out, the level of specialisation within the SPO

office is also a limiting factor to the overall efficiency. The very large spectrum of

competence foreseen in Law on the SPO, has been recently reduced through the adoption of

an amendment limiting the competence of the SPO on acts of organised crime, corruption

committed by high-ranking public officials and money laundering

. This revision should

allow keeping the SPO’s focus on particularly serious crimes. Refurbishment is planned for

2024 to accommodate the SPO and the Special Police Unit Department (SPU)

in the same

premises.

The Agency for prevention of corruption has experienced a surge in the number of

income and assets declarations and issued a large number of opinions on incompatibility

of functions and conflict of interests.

In 2023, the Agency for prevention of corruption

(ACA) received the highest number of income and assets declarations compared to previous

years, reaching 13 141 (11 784 in 2022)

. The increase is due to the heightened turnover rate

of officials, with declarations to be submitted both at appointment and at termination of

In 2023, SPO issued orders to conduct investigations into criminal offences of high-level corruption in 11

cases against 20 individuals (2022: 11 cases against 76 individuals and five legal entities). Based on the

government`s data, in the same year, 14 indictments were raised by the SPO in cases of high-level corruption

against 34 individuals (2022: 17 indictments against 81 individuals and five legal entities). Financial

investigations were launched in eight cases of high-level corruption, against 40 individuals and one legal

entity (2022: five cases, against 43 individuals and four legal entities). 2023 Communication on EU

Enlargement policy, Montenegro Report, p. 38. The Government reported that in 2020, there were 8 first

instance judgments involving 19 individuals or legal entities, resulting in 2 final convictions. In 2021, the

number of first instance judgments increased to 21, involving 41 individuals or legal entities, and led to 3

final convictions. In 2022, there were 22 first instance judgments involving 65 individuals or legal entities,

with 2 final convictions. In 2023, the number of first instance judgments rose to 25, involving 72 individuals

or legal entities, but there was only 1 final conviction. Written input by Montenegro to the 2024

Communication on enlargement policy, Montenegro report.

Information received in context of the country visit to Montenegro from the Chief Special Prosecutor’s

Office.

The Law on Amendments to the Law on Special State Prosecutor's Office has been adopted as of 6 June

2024.

The Ministry of Justice has formed a new Directorate for planning, design, improvement and construction of

judicial infrastructure. The Ministry has established a working group to support relocation of both SPO and

SPU.

Agency for Prevention of Corruption of Montenegro (2023), Summary of the results of ASK’s work in the

first nine months if 2023.

kom (2024) 0800 - Ingen titel

office

. Further to its work in verifying the accuracy and completeness of data in asset

declarations, the ACA carried out an additional, in-depth verification of the reports of 20

high-ranking public officials, chosen in accordance with the degree of vulnerability of the

area/function. In 2023, ACA initiated 54 administrative proceedings and 1 722 misdemeanour

proceedings in the area of income and asset reporting (1 057 in 2022). In the same year, ACA

completed 1 123 misdemeanour proceedings, imposed sanctions in 87.5% of cases and fines

up to EUR 84 955. In December 2023, ACA introduced a new step-by-step methodology to

verify income and assets reports and a risk-based approach to initiating

ex officio

cases, thus

contributing to the impartiality of its action. In parallel, ACA procured a new interconnected

digital information system. Both tools could improve ACA’s effectiveness and capacities

when carrying out in-depth verification of income and assets declarations. With regard to

incompatibility of functions and on conflict of interest, in 2023, ACA issued 227 opinions,

the highest number on an annual basis since its establishment in 2016. Twenty public officials

resigned from positions or duties incompatible with public office as a result of ACA’s

opinions

. The ACA developed a prior-to-appointment integrity checklist to be applied to top

executive functions and to the Agency’s future employees

. By December 2023, the

Government introduced this mandatory integrity check in the employment procedure for top

executive functions (head and deputy head of Cabinet of the Prime Minister, advisors to the

President and Vice President of the Government), accordingly amending the Regulation on

the Government of Montenegro

While numerous institutions have specific codes of conduct, the Government’s Code of

Conduct is ineffective pending the adoption of the Law on Government with

disciplinary penalties.

The Code of Ethics for Members of Parliament, in force since July

2019, includes a requirement for

ad hoc

disclosure in cases of a conflict of interest between

the private interest of Members of Parliament and issues under consideration and decision-

making process in the parliamentary procedure

. The Government adopted a Code of Ethics

for top executive officials in 2018 in the form of non-binding guidelines

. According to

GRECO, this code remains ineffective

as no disciplinary penalties can be imposed until the

new Law on Government is finalised and adopted

. The Code of Police Ethics (2021),

Agency for Prevention of Corruption of Montenegro (2023), Summary of the results of ASK’s work in the

first nine months if 2023.

In 2022, ACA issued 213 opinions leading to 24 resignations. Following the ACA opinions, three transfers of

management rights in a company and one termination of a service contract due to a conflict of interest were

effected, and one termination of employment.

GRECO (2020), Fifth Evaluation Round – Preventing corruption and promoting integrity in central

governments (tops executive functions) and law enforcement agencies. The ACA has developed an integrity

checklist which is yet to be applied.

The latest amendments to the Regulation of the Government, Article 16a.

Parliament of Montenegro, Code of Ethics for MPs, August 2019.

Code of ethics for state officials was adopted by the government on 6 July 2018 pending to the Article 74 of

the Law on state officials amended on 31 March 2021.

GRECO (2020), Fifth Evaluation Round – Preventing corruption and promoting integrity in central

governments (tops executive functions) and law enforcement agencies.

A first draft of the Law on Government was already prepared under the previous government, and is

currently being consolidated and finalized under the lead of the Ministry of Public Administration. Two

articles of the draft Law on Government will set, once the Law adopted, the legal basis for the preparation

and adoption of the Code of Conduct for top executive functions. The existing Guidelines, developed with

the support of the EU-CoE Horizontal Facility, are expected to streamline the process for the drafting of the

Code of Conduct.

kom (2024) 0800 - Ingen titel

implementation of which is monitored by the Ethics Committee, has not been complemented

with further provisions and guidance for its implementation

. The Agency for prevention of

corruption (ACA) also has a Code of Ethics in place

. The Local Self-Government Law

requires local civil servants and employees to adhere to the Code of Ethics for local civil

servants and employees

. Local councillors and officials must also follow the Code of

Ethics. Out of 26 municipalities, 17 have adopted these codes. The 2014 Law on Prevention

of Corruption introduced the concept of integrity plans, mandating their adoption by

municipalities

. ACA’s 2022 report indicates that all municipalities adopted integrity plans.

The new legislation on lobbying was adopted on 6 June.

The Law on lobbying, adopted on

6 June, will be complemented by nine by-laws, covering specific sectors, already drafted by

the Working Group at the end of 2022. Registration of lobbyists in the register of lobbyists is

mandatory and it is carried out on the day of issuance of the authorisation to carry out

lobbying activities. In 2023, the lobbying register included thirteen individuals and one legal

entity

The Law on Prevention of Corruption, as recently amended, reduces the post-

employment restrictions to a one-year period, instead of two years as it was in the previous

Law

The legal framework regulating political parties’ funding is hampered by shortcomings

in its scope, clarity and implementation.

The Agency for prevention of corruption (ACA) is

implementing the Law on financing of political entities and election campaigns

. The State

Election Commission supervises its overall implementation together with the Parliamentary

Committee for the political system, judiciary, and administration. In 2023, ACA checked

47 485 reports out of the 47 663 reports submitted by political subjects, authorities, and

media advertising service providers. ACA imposed 10 measures on political entities related to

suspension/transfer of funds, and initiated misdemeanour proceedings for violation of the

Law on financing of political entities and election campaigns in 197 cases, while it completed

312 proceedings (also from previous years). ACA imposed measures on political entities in

almost 90% of cases

. Despite ACA’s track record, the scope – and therefore the impact – of

these checks remain limited due to the unclear or deficient provisions of the Law on

financing of political entities and election campaigns, which exempts some categories of

GRECO pointed out that this should be done with the participation of representatives of the Police. GRECO

(2020) Fifth Evaluation Round – Preventing corruption and promoting integrity in central governments (tops

executive functions) and law enforcement agencies, paragraph 5.

Pending to the Article 97 of the Law on prevention of corruption, the Council of the Anti-Corruption Agency

adopted the Code of ethics for employees of the Anti-Corruption Agency on 22 April 2016.

Article 94 of the Law on local self-government obliges local civil servants to adhere to codes of ethics

adopted by local self-government units.

Article 77 of the Law on prevention of corruption obliges authorities to submit annual reports on integrity

plans by 15 April.

Written contribution received from the Agency for prevention of corruption in the framework of the country

visit to Montenegro.

The Law on Prevention of Corruption, Article 17.

The Agency for prevention of corruption checks the reports submitted by political subjects, authorities and

media advertising service providers, and can impose measures to suspend the transfer of budget funds for the

financing of regular work of political subjects, as well as impose a permanent measure blocking the transfer

of funds.

Agency for Prevention of Corruption of Montenegro (2023), Summary of the results of ASK’s work in the

first nine months if 2023.

kom (2024) 0800 - Ingen titel

political subjects from the scrutiny of the ACA

. To complete the institutional set up, the

State Audit Institution (SAI) performs the audit of annual consolidated financial statements of

political entities with parliamentary status at the national and local level for the previous

fiscal year, over a four-year period. In case the audit process identifies irregularities, SAI

submits the file to both the competent State Prosecutor’s Office and the Parliamentary

Committee for political system, judiciary, and administration. However, even if SAI

expresses adverse opinions on the financial statements of political entities and requires

consultative hearings, the competent Committee has no obligation to act. The different

shortcomings in the existing legal framework on political parties and election campaigns’

financing are identified in subsequent recommendations of the Office for Democratic

Institutions and Human Rights of the Organization for Security and Co-operation in Europe

(OSCE-ODIHR)

. In particular, the current legal framework does not provide for effective

safeguards against and penalties for circumvention of the rules, which limits the effectiveness

of the oversight

. Also, the Law on election of Councillors and Members of Parliament is not

aligned with the Law on financing of political entities and election campaigns; as a result, this

inconsistency prevents a correct and efficient control on electoral campaign financing

Provisions on the protection of whistleblowers in the Law on Prevention of Corruption

have been amended with the aim to align with the EU acquis.

While Montenegro does not

have a specific law on whistleblowing, the 2021 peer review mission and the 5

GRECO

evaluation round widely recognised that it already had strong provisions related to the

protection of whistleblowers in the Law on Prevention of Corruption

. In March 2024, the

Ministry of Justice decided to maintain the whistleblower protection in the Law on

For example, the coalitions and group of voters are exempted from the sanctioning mechanism applied by

ACA as they are not recognised as legal entities in the Misdemeanour Law, which exempts them form the

scrutiny of ACA. Coalitions refer to political party coalitions. Only political parties (constituents of the

coalition) are legal entities, that is why the coalitions are exempted from the sanctioning mechanisms by

ACA. Group of voters are individuals who decided to create a joint electoral ticket and to run elections, i.e.

random citizens who collected support signatures and who created an independent list (but not a new

political party) that will participate on elections.

OSCE (2023) Montenegro presidential election 19 March and 2 April 2023 ODIHR Election Observation

Mission Final Report, as well as previous OSCE/ODHIR recommendations. Among others, some procedural

issues hamper the effectiveness of the LFPEEC, e.g.: ACA verifies whether registered voters made reported

donations, and verifies that a donation is not from a person convicted for corruption. However, ACA verifies

whether donors are directors of public contractors but not owners of or shareholders in public contractors,

because the database on public procurement of the Ministry of Finance contains only the names of the

directors of public contractors.

The Horizontal Facility of the Council of Europe has provided 46 recommendations, out of which 39 for the

improvement of the Law on political entities and electoral campaigns. In the two latest amendments to the

Law, the legislator incorporated 11 recommendations, while 5 remained partially implemented and 23 were

not implemented. Out of 23 not implemented the most important ones concern the need to define all political

entities as legal entities, including coalitions and groups of voters for the reasons stated above, the need to

define in-kind donations, as well as the need to align the Law with the Law on Councilors and MPs in terms

of the duration of the electoral campaign.

The legal inconsistencies exist regarding the duration of the electoral campaign i.e. the Law on election of

Councilors and MPs prescribes the duration of the electoral campaign from 60 to 100 days, however

according to the Law on Financing of Political Entities and Electoral Campaigns, the campaign lasts from

the day the elections are called until the day the final election results are announced (once the campaign for

the election of councilors in 14 municipalities lasted longer than nine months and this imposed the

obligations on the state authorities throughout all this period).

Articles 48-64 of the Law on prevention of corruption.

kom (2024) 0800 - Ingen titel

Prevention of Corruption and incorporate stronger protection mechanisms

. Under the

current law, ACA has the mandate to check public procurement procedures based on

whistleblower reports related to Government bodies, local self-government and

administration units, and public companies, public institutions, and other legal entities whose

majority owner or founder is the state or a municipality

. The aforementioned amendment

expands the material scope to cover, at least, all areas falling within the material scope of the

EU whistleblower protection acquis

Montenegro has identified and implemented measures to reduce corruption in

vulnerable areas.

The new 2024-2028 Anticorruption Strategy identifies the following areas

as the most vulnerable to corruption: the judiciary, the police and customs administration,

environment, urban planning, public procurement, local self-government, and state-owned

enterprises. The strategy contains specific measures to address the risks in those areas. In

addition, the ACA currently applies a methodology for assessing the application of anti-

corruption measures to the judiciary and to state authorities in the social and child welfare

areas. Reports on the application of this methodology are published or currently under

preparation. In 2023, the Government amended its Rules of Procedure to oblige the conduct

of assessments of potential corruption risks for legislative initiatives

The ACA is mandated to check public procurement procedures, even though the high

number of small contracting authorities remains a risk.

An electronic public procurement

system (CEJN) is fully operational and connected with the criminal records of the Ministry of

Justice, records on tax obligations and on mandatory social security contributions of the

Revenue and Customs Administration and records of the Agency for the Prevention of

Corruption. However, the high number of small contracting authorities remains a risk. A

regulatory and institutional framework is in place on integrity and conflict of interest in

public procurement. Training sessions on public procurement rules for procurement officers

are systematically organised by the public procurement authority, and technical instructions

and expert guidance on procurement rules are published. Contracting authorities have a legal

obligation to submit annual reports on violation of anti-corruption rules and, in cases where

violations are established, formal notification is ensured. The ACA is mandated to check

public procurement procedures based on whistleblower reports related to government bodies,

local self-government and administration units, public companies, public institutions, and

other legal entities whose majority owner or founder is the state or a municipality

100

Articles 65-72 of the Law on prevention of corruption.

In the first nine months of 2023, ACA received 147 whistleblower reports (in comparison to 127 for the

same period in 2022). Out of this total number, 66 were submitted anonymously, while ACA initiated one

procedure ex officio. During the same period, ACA concluded one procedure initiated ex officio from the

previous period, which determined the existence of a threat to the public interest. In the same period, ACA

forwarded 12 whistleblower reports to the competent prosecutor's offices, one resulting in rejection. ACA

forwarded 15 reports to other competent institutions, one resulting in irregularities found. In the same period,

ACA submitted six requests to the competent misdemeanour courts for initiation of misdemeanour

proceedings for violation of the provisions of the Law on Prevention of Corruption in this area. Summary of

results of the ACA work in the first nine months of 2023. Agency for Prevention of Corruption.

European Commission (2024) Interim benchmark assessment Report on Montenegro.

Ibidem.

kom (2024) 0800 - Ingen titel

III.

EDIA

LURALISM AND

EDIA

REEDOM

The Montenegrin legal framework on media freedom and pluralism is based on the

Constitution

101

and sectoral legislation

102

made up of the Law on Electronic Media, the Law

on the National Public Broadcaster (RTCG) and the Media Law, the latter being the basic

regulatory framework for all media, as amended in June 2024. The legal framework

guarantees the basic right to information and the access to public documents

103

. The Agency

for Audiovisual Media Services (AAVMS) – formerly the Agency for Electronic Media – is

the independent regulator for audiovisual media services

104

. Furthermore, it shares

supervision powers with the Ministry of Culture and Media, which is the state administration

body responsible for media affairs under the Media Law

105

. In October 2023, the Government

adopted the 2023-2027 Media Strategy, along with the Action Plan for 2023-2024

106

. This is

the first Government strategy in the field of media policy, which seeks to advance freedom of

expression and promote an environment conducive to free and professional journalism

107

The new Law on Audiovisual Media Services grants new powers to the Agency for

Audiovisual Media Services (AAVMS) addressing the long-standing challenge of its

effectiveness to enforce the regulatory framework by granting it with comprehensive

sanctioning instruments, including the power to impose fines in case of violations of the

law.

The Montenegrin legal framework on media freedom and pluralism has recently gone

through a comprehensive reform process. Montenegro adopted in June 2024 a “media

legislative package” consisting of amendments to the Law on the National Public Broadcaster

(RTCG), a new Audiovisual Media Services Law, and a new Media Law. This “media

legislative package” aims at improving the core legal framework and at aligning it with the

acquis,

including the EU Directive on Audiovisual Media Services. The legal framework

guarantees the regulatory authority’s operational and financial independence

108

. The new law

has broadened the competencies of the AAVMS and improved its status

109

, providing a basis

to address horizontal and vertical media concentration, including broadcasters and cable

operators

110

Transparency of media ownership information is limited to registered media providers

only.

According to the Law on Media, all media, including online media, must be registered

101

102

103

104

105

106

107

108

109

110

Article 49 on freedom of press, Article 50 on prohibition of censorship and Article 51 on access to

information.

Law on the Public Broadcasting Services of Montenegro, (OG 80/202), Law on Media, (OG 80/202), Law

on Electronic Media (OG 46/10, 40/11, 53/11, 6/13, 55/16, 92/17 and 82/20).

Law on Free Access to Information (OG 44/2012,30/2017).

Law on Audiovisual Media Services, OG 54/2024 of 11.06.2024, Article 139.

Law on Media, OG 80/202, Article 9.

Government of Montenegro (2023), Montenegro adopts first Media strategy for 2023-2027.

Montenegro ranks 40

in the 2024 Reporters without Borders World Press Freedom Index compared to 39

in the previous year.

The Agency for Audiovisual Media Services (AAVMS) – formerly the Agency for Electronic Media –is

functionally independent of any state body as well as of all legal and natural persons performing activities of

production and broadcasting of radio and TV programs or providing other audiovisual media services Law

on Electronic Media, OG 82/20, Article 42. AAVMS’s main source of finance are the fees charged to the

providers of audio-visual media services.

Information received from the Agency for Electronic Media in the context of the country visit.

Ibidem.

kom (2024) 0800 - Ingen titel

and disclose information in their imprint about entities holding more than 5% ownership

share in media companies, and the public sector cannot advertise in media that have not

published this information. The Ministry of Culture and Media keeps a media register, which

includes certain information on each media

111

but not on information on ownership

112

. The

new Law on Audiovisual Media Services obliges providers of audiovisual services to provide

ownership information to the AAVMS

113

. The 2024 Media Pluralism Monitor indicates a

medium risk (44%) for the transparency of media ownership

114

Information on all public sector payments made to media outlets, including institutional

advertising, is limited.

The Montenegrin media market is very small, pluralistic and

perceived to be highly politicised

115

. Advertising revenues are not sufficient to finance all

media

116

. The main mechanism of state support to the media is the Fund for Encouraging

Media Pluralism and Diversity, established in 2020, to which the state allocates 0.2% of the

annual budget

117

. Public sector bodies have to publish a record of payments made to the

media on the basis of advertising and other contracted services on their websites, and media

founders are required to keep records of such payments through a form published on the

Ministry’s website

118

. Only 62% of registered media and only 28% of public sector entities

submitted data on funding transparency, up from 37% and 9% respectively in 2022

119

Overall, the limited advertising market affects the economic sustainability of media outlets,

leaving them particularly exposed to political and corporate interests

120

. Media self-regulation

is fragmented and generally deemed ineffective by stakeholders

121

, mostly limited to in-house

ombudsmen in only a handful of media

122

The appointment of the Director-General of the Radio Television of Montenegro

(RTCG) by the RTCG Council has been challenged in court.

RTCG is the national public

111

112

113

114

115

116

117

118

119

120

121

122

Such as name of the media outlet, the name of the founder and the editor-in-chief, the authorisation number

to provide an audio-visual media service, the language in which the media service is provided, an e-mail

address or the business name and registered office. Law on Media, Article 10.

Impact Assessment of the draft law on media, p. 2.

Law on Audiovisual Media Services, OG 54/2024, Article 132.

The indicator is 6 percentage points lower than in 2023. 2024 Media Pluralism Monitor, p. 15.

Media Pluralism Monitor, 2024, page 19: The indicator of Editorial autonomy kept the highest risk score of

97%. In Montenegro, there is no legal protection to ensure freedom from political influence on the election

of the editor-in-chief, such influence is not seen as conflict, and it depends primarily on media owners'

closeness to certain political parties or organizations.

Information received in the context of the country visit to Montenegro from the former Agency for

Electronic Media; Media Pluralism Monitor, 2024, page 16: There are only three daily newspapers, and in

the audiovisual sector, the four biggest companies make 75% of total revenues.

Law on Media, OG 54/2024, Article 26.

Law on Media, OG 80/202, Articles 14 and 16.

Impact Assessment of the draft law on media, p. 1; 2024 Media Pluralism Monitor, country report for

Montenegro, p. 21.

This statement reflects the assessment from the 2023 enlargement report on Montenegro, p. 45. Some

external references: Sindikat Medija (2023), Montenegro indicators on the level of media freedom on

journalists’ safety 2022; Media Ownership Monitor Montenegro 2023 (2023), Montenegrin Media needs

State help to provide pluralism; Media Ownership Monitor Montenegro 2023 (2023), Individual owners;

Media Ownership Monitor Montenegro 2023 (2023), Adria TV; Centar za demokratsku Tranziciju (2022),

Who are “our” televisions?; SEENPM (2023), Weak mechanisms and outdated code of ethics, media self-

regulation in Montenegro.

SEENPM (2023), Weak mechanisms and outdated code of ethics, media self-regulation in Montenegro.

2024 Media Pluralism Monitor, country report for Montenegro, p. 20.

kom (2024) 0800 - Ingen titel

broadcaster which is state owned and funded through a fixed allocation of 1.34% of the

current national budget

123

. The public broadcast system accounts for more than half of the

media market and consists of national PBS with four TV and two radio channels, six local

public TV stations and 15 local public radio broadcasters

124

. The public broadcaster has a

largely balanced editorial policy, providing a broad range of political stakeholders with

opportunities to present diverse political views

125

. The RTCG Council is its highest governing

body, and its members are elected by the Parliament. In January 2023, the Podgorica basic

court invalidated the appointment of the RTCG Director-General, a decision upheld by the

Podgorica High Court in May 2023. However, in June 2023, the RTCG Council reappointed

the same individual, prompting strong public criticism and a subsequent criminal

investigation into potential misconduct. In April 2024, the Podgorica Basic Court overturned,

once again, the RTCG Council’s decision, a ruling that the Council appealed before the

Podgorica High Court. Local public broadcasters are particularly exposed to the risk of

political and economic pressure, as many local public broadcasters remain directly politically

influenced and financially controlled by local authorities

126

While access to information and public documents is legally guaranteed in Montenegro,

it has limitations in practice.

Approximately one quarter of all requests for access to

information are being fully or partially rejected

127

and certain institutions are reported to

invoke confidentiality grounds to refuse requests for information of public interest

128

. The

number of appeals filed against refusals to requests for information is rising each year

129

. The

Agency for Personal Data Protection and Free Access to Information claims that the existing

appeal mechanism is being abused to claim compensation and is pushing for legal limitations

to the right to free access to information

130

. In December 2023, the Government adopted

amendments to the Law on Free Access to Information, which are pending in Parliament. The

2024 Media Pluralism Monitor indicator on the protection of the right to information

increased from medium to high risk (54 to 73%)

131

The authorities generally provide effective law enforcement and institutional responses

to new cases of violence against journalists and media workers, but there was no

effective judicial follow-up of emblematic past cases.

In 2022, the authorities registered 22

cases of violence against journalists, involving threats, intimidation, harassment and, in

several instances, physical violence. In 13 of these cases, the prosecution authorities opened

123

124

125

126

127

128

129

130

131

Law on the National Public Broadcaster RTCG (OG 80/2020 and 125/2023).

2024 Media Pluralism Monitor, country report for Montenegro, p. 6.

Freedom House (2022), Freedom in the World report 2022 – Montenegro.

Council of Europe and European Union (2017), Montenegro media sector inquiry with recommendations for

harmonisation with the Council of Europe and European Union standards; Council of Europe (2023),

Observations of the early parliamentary elections in Montenegro (11 June 2023). Information received in the

context of the country visit to Montenegro from NGOs dealing with media.

2024 Media Pluralism Monitor, country report for Montenegro, p. 13.

Information received in the context of the country visit to Montenegro from NGOs dealing with media:

Trade Union of Media of Montenegro; Media Centre; Media Self-Regulation Council.

Agency for Protection of Personal Data and Free Access to Information, 2023 Communication on

enlargement policy, Montenegro report.

The administration is often unable to follow the legal deadline of 15 days for responding to submitted

requests, as they are in the consequential appeal procedure, which results in a high number of administrative

court cases and related costs. 2024 Media Pluralism Monitor, country report for Montenegro, p. 13.

Media Pluralism Monitor 2024, p.13.

kom (2024) 0800 - Ingen titel

criminal proceedings; nevertheless, there is concern that emblematic past cases have never

been effectively followed up

132

. From 1 January to 31 May 2023, the police registered five

cases of violence against journalists, one of which the prosecution authorities classified as a

criminal offence prosecutable

ex officio

133

. Since 2014, a commission, including

representatives of the media, civil society organisations, Government, law enforcement and

prosecution services has been monitoring the authorities’ responsiveness to cases of violence

against journalists

134

. The Council of Europe’s Platform to Promote the Protection of

Journalism and Safety of Journalists

135

registers nine active alerts relating to harassment and

intimidation of journalists, attacks on physical safety and integrity of journalists and

impunity. Montenegro replied to six of these alerts. The Mapping Media Freedom project

registered three alerts in Montenegro in 2023, all referring to intimidation and threatening

136

Defamation is no longer a criminal offence in Montenegro since 2011. Since 2021, the legal

framework on the protection of journalists and other media workers provides for stringent

penalties in cases of violence against journalists. Journalists are granted the status of persons

who perform duties of public interest, while several criminal offences, including murder,

infliction of serious bodily injuries, coercion by using force or threat and endangering of

safety, carry longer prison sentences when committed against journalists. Montenegro has no

specific legislation in force addressing strategic lawsuits against public participation

(SLAPP). There have been no notable cases of SLAPP against media outlets or journalists in

the last years.

IV.

THER

NSTITUTIONAL

SSUES RELATED TO

HECKS AND

ALANCES

Montenegro operates as a unicameral parliamentary democracy, characterised by a single

legislative chamber

137

. Any member of the Parliament or the Government can table draft

laws

138

. The Government’s authority is limited by the Constitution and by the laws enacted

by the Parliament. The Government is headed by the Prime Minister, who is accountable to

the Parliament. The President, as the Head of State, is elected directly by absolute majority in

a popular vote for a five-year term

139

. The Constitutional Court decides, among others, on

conformity with the Constitution of laws, regulations and general acts

140

. The

Ombudsperson’s Office is an independent body responsible for the promotion and protection

132

133

134

135

136

137

138

139

140

The murder of the editor and newspaper owner Dusko Jovanovic in May 2004 and the shooting of

investigative journalist Olivera Lakić in May 2018.

Input from Montenegro to the EU Annual Report on Montenegro 2023.

Information received in the context of the country visit to Montenegro from NGOs dealing with media:

Trade Union of Media of Montenegro; Media Centre; Media Self-Regulation Council.

Council of Europe’s Platform to Promote the Protection of Journalism and Safety of Journalists.

Media Freedom Rapid Response (2024), Monitor.

Constitution, 2007, Articles 1, 11.

Constitution, 2007, Article 93.

The President is eligible for a second term.

Constitution of Montenegro, 2007, Articles 149-150.

kom (2024) 0800 - Ingen titel

of human rights and freedoms

141

, which also has the role of the National Human Rights

Institution

142

and a multi-mandate equality body

143

Despite an established framework for inclusive legislative processes, challenges exist in

terms of effectiveness of public consultations.

The Ministry of Justice is mandated to

conduct public consultations during the preparation of laws and strategies based on a

procedure determined by a government decree

144

. Namely, public discussions on drafting

laws and public policies involve consulting the public in the initial phase of the preparation

and organising public debates on draft texts, with representation from NGOs and the judiciary

in the working groups

145

. Although the framework for an inclusive legislative process is

established, stakeholders have reported persistent challenges in its implementation

146

. This

includes legislation being passed without sufficient consultation with stakeholders, including

the judiciary, despite efforts to involve representatives from diverse sectors through dedicated

working groups

147

. Laws can be passed under urgent procedures in exceptional

circumstances, particularly for unforeseen circumstances or the need for harmonisation with

European legislation, with specific criteria outlined in the Rules of Procedure of the

Parliament of Montenegro

148

. In 2023 and the first quarter of 2024, the Government

identified 76 draft laws, 31 of which were proposed for urgent adoption. The law regulates

141

142

143

144

145

146

147

148

The law requires only an absolute majority for the election, deviating from the Venice Principles which set

out that the Ombudsman should preferably be elected by an appropriate qualified majority. Venice

Commission, Principles on the protection and promotion of the Ombudsman institution, CDL-AD(2019)005,

paragraph 6; CDL-AD(2011)034, paragraph 16

The Ombudsperson Office is formally entitled “the Protector of Human Rights and Freedoms (PHRF)”. The

Office is also the institutional mechanism for protection against all forms of discrimination and the National

Preventive Mechanism for the protection and prevention of persons deprived of liberty against torture and

other forms of cruel, inhuman or degrading treatment or punishment. Law on the Protector of Human Rights

and Freedoms of Montenegro (OG 42/2011, 32/2014), Law on Prohibition of Discrimination, (OG 46/2010,

18/2014) and the Law on Prohibition of Discrimination of Persons with Disabilities OG 35/2015). The latest

amendments of the Law on Gender Equality (OG 35/2015) established full competence of the

Ombudsperson’s Office in acting upon complaints against violation of the principle of gender equality.

Article 27 of the Law on the Protector of Human Rights and Freedoms of Montenegro, Official Gazette of

Montenegro No.42/2011, 32/2014; Article 21 of the Law on Prohibition of Discrimination, Official Gazette

of Montenegro” No.46/2010, 18/2014 and Article 1 of the Law on Prohibition of Discrimination of Persons

with Disabilities, Official Gazette of Montenegro” No.35/2015); the Law on Gender Equality, Official

Gazette of Montenegro, no.46/2007, 35/2015.

Input from Montenegro to the 2024 Rule of Law Report, p. 83. The decree on the selection of representatives

of non-governmental organisations to the working bodies of state administration authorities and the

implementation of public consultations in the preparation of laws and strategies (Official Gazette of

Montenegro, no. 41/18) from 2018] does not stipulate the scope of laws or policy areas covered. However,

the Law on State Administration (Official Gazette of Montenegro, no. 78/18, 70/21 and 52/22) stipulates in

Article 52 that conducting public consultations is not mandatory when the law or strategy regulates issues

related to security, defense, or the annual budget.

Input from Montenegro to the 2024 Rule of Law Report, p. 80-83.

Information received in the context of the country visit to Montenegro from the Ombudsperson’s Office and

civil society organisations in the area of justice.

Information received in the context of the country visit to Montenegro from the Ombudsperson’s Office.

Article 151 of the Rules of Procedure of the Parliament of Montenegro allows for laws to be passed by

urgent procedure, especially for unforeseen circumstances or harmonisation with European legislation.

Article 152 outlines the procedures for proposing laws under urgent procedures, including the timeframe for

submission to Parliament. Article 153 specifies the parliamentary process for considering urgent laws,

allowing for immediate debate if necessary.

kom (2024) 0800 - Ingen titel

the Ombudsperson’s ability to make proposals on legislation for alignment with international

human rights standards

149

While the Ombudsperson’s Office has improved its capacity to handle complaints and

improve the quality of decisions, the absence of systematic follow-up to its

recommendations undermines the efficiency of its work.

The capacity to handle

complaints by the Ombudsperson’s Office increased

150

, as did the quality of its decisions

151

However, the lack of follow-up of the Ombudsperson’s decisions and recommendations

across all public institutions has proven challenging for the Office in practice

152

. Namely, the

cooperation of national bodies with the Office remains limited despite an open channel of

communication and, recommendations of the Office does not result in any formal follow-

153

. The Office is formally invited to working groups tasked with drafting legislation, but

meaningful participation remains difficult due to lack of formal status and resources

154

. In

2023, the Ombudsperson’s Office received a total of 1 107 complaints, addressing issues such

as the rights of persons deprived of liberty, children’s rights, the right to good governance and

legal protection, prohibition of discrimination, and labour rights. Of these, the Office made

decisions on 958 cases and issued 455 recommendations to various authorities, with only 127

(19.3%) being implemented

155

. The obstacles to implementing these recommendations often

include financial constraints, lack of political will, and administrative changes leading to a

lack of accountability

156

. In its role as the national human rights organisation

157

, the

Ombudsperson is presently accredited with B-Status.

On 1 January 2024, Montenegro had three leading judgments of the European Court of

Human Rights pending implementation

158

At that time, Montenegro’s rate of leading

judgments from the past ten years that remained pending was at 14%, and the average time

that the judgments had been pending implementation was 4 years and 10 months

159

. The

moderately high average implementation time of Montenegrin cases results from the fact that

the country’s three leading judgments had been pending implementation for 2, 5 and 8 years

respectively. The oldest leading judgment pending implementation concerns the applicant’s

149

150

151

152

153

154

155

156

157

158

159

Input from Montenegro to the 2024 Rule of Law Report, p. 83. Written contribution received from the

Ombudsperson's Office in the framework of the country visit to Montenegro.

2023 Communication on EU Enlargement policy, Montenegro Report, p. 40.

Ibidem.

Information received in the context of the country visit to Montenegro from the Ombudsperson’s Office.

The Office reported not having sufficient resources to operate. Information received in the context of the

country visit to Montenegro from the Ombudsperson’s Office.

Montenegro Protector of Human Rights and Freedoms (2024), Work report for the year 2023.

Written contribution received from the Ombudsperson’s Office in the framework of the country visit to

Montenegro.

Accreditation by the by the Global Alliance of National Human Rights Institutions (GANHRI).

The adoption of necessary execution measures for a judgment by the European Court of Human Rights is

supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group

cases against a State requiring similar execution measures, particularly general measures, and examine them

jointly. The first case in the group is designated as the leading case as regards the supervision of the general

measures and repetitive cases within the group can be closed when it is assessed that all possible individual

measures needed to provide redress to the applicant have been taken.

All figures are calculated by the European Implementation Network and are based on the number of cases

that are considered pending at the annual cut-off date of 1 January 2024. See the Contribution from the

European Implementation Network on Enlargement Countries for the 2024 Rule of Law Report, p. 1.

kom (2024) 0800 - Ingen titel

ill-treatment in police detention and the lack of an effective investigation into his

complaints

160

. As regards the respect of payment deadlines, on 31 December 2023 there was

one case in total awaiting confirmation of payments (the same as in 2022)

161

. On1 July 2024,

the number of leading judgments pending implementation had increased to five

162

The implementation of the Strategy for Cooperation of State Administration Bodies and

Non-Governmental Organisations 2022-2026 has not yet led to improvement in respect

of civil society.

Montenegro is considered to have a narrowed civil society landscape

163

Financial support to civil society organisations is regulated by the Law of Non-Governmental

Organisations and relevant by-laws, establishing a combined model of financing. This

includes centralised programming by the Ministry of Public Administration and decentralised

publication of public calls by line Ministries and attribution of funds through annual

Government decisions

164

. While the Strategy for Cooperation of State Administration Bodies

and Non-Governmental Organisations 2022-2026, adopted in July 2022, acknowledges civil

society as a partner in state public policy-making, its practical application remains inadequate

both in terms of public funding as well as its involvement in public consultations

165

. The task

of supervising the strategy is vested in the Council for Co-operation of State Bodies and

NGOs, which is composed by equal representation from state officials and NGO

representatives

166

. Yet, despite six public calls, the Council is not yet operational

167

. A

Government report on conducting public consultations during the legislative process,

published in December 2022, revealed that a significant number of laws were adopted in

2021 without prior consultation with civil society

168

. As a major improvement, since May

2022

169

, in line with the Law on State Administration, all ministries have integrated civil

160

161

162

163

164

165

166

167

168

169

Judgment of the European Court of Human Rights of 24 November 2015,

Sinistaj and Others v. Montenegro,

1451/10, pending implementation since 2016.

Council of Europe (2024), Supervision of the execution of judgments decisions of the European Court of

Human Rights – 17

Annual Report of the Committee of Ministers – 2023, p. 138.

Data according to the online database of the Council of Europe (HUDOC).

The civic space of Montenegro was ‘narrowed’ in 2023 according to the rating by CIVICUS. Ratings are on

a five-category scale defined as: open, narrowed, obstructed, repressed and closed.

A mandatory minimum percentage of the state budget, with specific allocations, is designated for civil

society organisations, including co-financing of projects supported by EU funds. Funds are distributed

through public calls, with independent assessors evaluating project proposals for national projects, and

criteria set for co-financed projects. However, support from the state budget, donation systems, and taxation

are not covered by this legislation. Input from Montenegro for the 2024 Rule of Law Report, pp. 76-77.

In 2022, there were fewer calls for NGO participation in working groups and fewer elected NGO

representatives compared to the previous year. Furthermore, ministries often omit to publish the list of NGOs

that meet the required conditions, thereby hindering the transparency of the process. Government of

Montenegro (2023), 2022 Report on the Implementation of the Decree on the Selection of Representatives of

NGOs in Working Groups of State Administration Authorities and Implementing Public Consultations in

Preparing Laws and Strategies; Government of Montenegro (2023), Report on the implementation of public

tenders and approved projects in accordance with the Law on Non-Governmental Organizations in 2022.

Government of Montenegro (2022), Report from the 13

Government session.

Membership of NGOs has so far not been secured and the Council for Cooperation between the Government

and NGOs has not resumed work. Government of Montenegro (2022), Report from the 13

government

session.

Government of Montenegro (2021), Report on the application of the Regulation on the election of

representatives of non-governmental organisations to the working bodies of state administration bodies and

the implementation of public hearings in the preparation of laws and strategies for 2021.

Government of Montenegro (2023), Report on the implementation of public tenders and approved projects in

accordance with the Law on Non-Governmental Organizations in 2022. Law on State Administration (OG

kom (2024) 0800 - Ingen titel

society organisation representatives into working groups to draft laws and national strategies

in their respective areas

170

. Furthermore, even though the rules for public funding of civil

society organisations oblige ministries to conduct consultations with them on their annual

funding priorities, not all ministries launched calls for proposals to finance civil society

organisations’ projects

171

. This demonstrates the need for coordination, strategic planning,

monitoring and evaluation of the support they provide to civil society organisations.

According to the Law on local self-government, civil society organisations can also access

funds at local level. In 2022, 18 municipalities (out of 23) launched calls for proposals

172

170

171

172

78/2018, 70/2021, 52/2022), Article 79: State administration bodies cooperate with non-governmental

organisations by enabling the participation of non-governmental organisations in: the procedure for

conducting a public discussion in the preparation of laws and strategies; the work of working groups and

other working bodies formed by state administration bodies for the purpose of examining issues of common

interest or for the normative regulation of relevant issues.

Law on State Administration (OG 78/2018, 70/2021, 52/2022), Article 79: State administration bodies

cooperate with non-governmental organisations by enabling the participation of non-governmental

organisations in: the procedure for conducting a public discussion in the preparation of laws and strategies;

the work of working groups and other working bodies formed by state administration bodies for the purpose

of examining issues of common interest or for the normative regulation of relevant issues. Government of

Montenegro (2023), 2022 Report on the Implementation of the Decree on the Selection of Representatives of

NGOs in Working Groups of State Administration Authorities and Implementing Public Consultations in

Preparing Laws and Strategies.

2023 Communication on EU Enlargement policy, Montenegro Report, p. 17.

Report on the implementation of public tenders and approved projects in accordance with the Law on Non-

Governmental Organisations in 2022. Government of Montenegro (2023), Report on the implementation of

public tenders and approved projects in accordance with the Law on Non-Governmental Organisations in

2022.

kom (2024) 0800 - Ingen titel

Annex I: List of sources in alphabetical order*

* The list of contributions received in the context of the consultation for the 2024 Rule of Law report

can be found at

https://commission.europa.eu/publications/2024-rule-law-report-targeted-

stakeholder-consultation_en.

Agency for Prevention of Corruption of Montenegro,

All Documents (antikorupcija.me).

Agency for Prevention of Corruption of Montenegro (2023),

Summary of the results of ASK’s work in

the first nine months if 2023

(Rezime

rezultata rada ASK u prvih devet mjeseci 2023. Godine),

https://www.antikorupcija.me/media/documents/Rezime_devetomjese%C4%8Dnih_rezultata_rada_A

SK_2023__-_ENG.pdf.

Agencija za elektronske medije Crne Gore,

Emiteri i distributeri – Agencija za elektronske medije

Crne Gore (aemcg.org).

Anti-Corruption Committee of Montenegro,

https://www.skupstina.me/en/working-bodies/anti-

corruption-committee.

CeMI (2023),

Countering high-level corruption in Montenegro – Study on the special state

Prosecutors Office’s performance in high-level corruption cases (2020-2023).

Centar za Demokratsku Tranziciju (2022),

Who are "our" televisions?

(Čije

su “naše” televizije?),

https://www.cdtmn.org/2022/01/23/cije-su-nase-televizije/.

Centre for Media Pluralism and Freedom (2024), Media Pluralism Monitor, Country report for

Montenegro.

CEPEJ (2022), Towards a better evaluation of the results of judicial reform efforts in the Western

Balkans “Dashboard Western Balkans”, Par 2 (A) – Beneficiary profile – Montenegro.

Civicus, Monitor tracking civic space – Montenegro,

https://monitor.civicus.org/country/montenegro/.

Council of Europe and European Union (2017), Montenegro media sector inquiry with

recommendations for harmonisation with the Council of Europe and European Union Standards.

Council of Europe: Committee of Ministers (2010), Recommendation CM/Rec (2010)12 of the

Committee of Ministers of the Council of Europe on Judges: independence, efficiency and

responsibilities.

Council of Europe: Committee of Ministers (2024), Supervision of the execution of judgments and

decisions of the European Court of Human Rights – 17

Annual Report of the Committee of Ministers

– 2023.

Council of Europe: Parliamentary Assembly (2023), Observation of the early parliamentary elections

in Montenegro (11 June 2023).

Council of Europe’s Platform to Promote the Protection of Journalism and Safety of Journalists,

https://fom.coe.int/en/alerte.

Council of Europe: Venice Commission (2011), Joint opinion on the law of the Protector of Human

Rights and Freedoms of Montenegro (CDL-AD(201)034).

Council of Europe: Venice Commission (2019), Principles on the protection and promotion of the

Ombudsman institution (CDL-AD(2019)005).

Council of Europe: Venice Commission (2020), Bulgaria – Urgent interim opinion on the draft new

Constitution (CDL-AD(2020)035).

kom (2024) 0800 - Ingen titel

Council of Europe: Venice Commission (2021), Montenegro – Urgent opinion on the revised draft

amendments to the law on the State Prosecution Service (CDL-AD (2021)008).

Council of Europe: Venice Commission (2021), Montenegro – Opinion on the draft amendments to

the law on the State Prosecution Service and the draft law on the Prosecutor’s Office for Organised

Crime and Corruption (CDL-AD (2021)012).

Council of Europe: Venice Commission (2021), Montenegro – Urgent opinion on the revised draft

amendments to the law on the State Prosecution Service (CDL-AD (2021)030).

Council of Europe: Venice Commission (2022), Montenegro – Opinion on the draft amendments to

the law on the Judicial Council and Judges (CDL-AD(2022)050).

Council of Europe: Venice Commission (2023), Montenegro – Follow-up opinion to the opinion on

the draft amendments to the law on the Judicial Council and Judges (CDL-AD(2023)011).

Council of Europe: Venice Commission (2023), Montenegro – Law on the Judicial Council and

Judges with revised draft amendments (CDL-REF(2023)016).

Council of Europe: Venice Commission (2024), Montenegro – Urgent Follow-up Opinion on the

revised draft amendments to the Law on the Judicial Council and Judges (CDL-PI(2024)007).

Council of Europe: Venice Commission (2024), Montenegro – Urgent follow-up opinion to the

opinions on the Law on the special state prosecutor’s office (CDL-PI(2024)011).

Council of Europe: Venice Commission (2024), Montenegro – Urgent Follow-up Opinion to the

Opinions on the Law on the State Prosecution Service (CDL-PI(2024)012)

EPPO (2022), Press Release 22.09.2022, EPPO sings working arrangement with Supreme State

Prosecutor’s Office of Montenegro,

https://www.eppo.europa.eu/en/media/news/eppo-signs-working-

arrangement-supreme-state-prosecutors-office-montenegro.

European Commission (2023), Country report Montenegro, SWD(2023) 694 final.

European Commission (2024), Communication from the Commission to the European Parliament, the

European Council and the Council on pre-enlargement reforms and policy reviews, COM(2024)146

final.

European Commission (2024) Interim benchmark assessment Report on Montenegro.

European Court of Human Rights (2015), Judgement of the European Court of Human Rights of 24

November 2015, Sinistaj and others v. Montenegro, 1451/10.

SINIŠTAJ AND OTHERS v.

MONTENEGRO (coe.int).

Freedom

House

(2022),

Freedom

the

world

https://freedomhouse.org/country/montenegro/freedom-world/2022.

2022

–

Montenegro,

Government of Montenegro (2021), Report on the application of the Regulation on the election of

representatives of non-governmental organizations to the working bodies of state administration

bodies and the implementation of public hearings in the preparation of laws and strategies, for the

year 2021 (Izvještaj

o primjeni Uredbe o izboru predstavnika nevladinih organizacija u radna tijela

organa državne uprave i sprovođenju javne rasprave u pripremi zakona i strategija, za 2021.

Godinu),

https://www.gov.me/dokumenta/6f757c50-4549-4073-91ec-6ca771ef287c.

Government of Montenegro (2022), Report from the 13

Government session (Saopštenje

sa 13.

sjednice Vlade Crne Gore),

https://www.gov.me/clanak/saopstenje-sa-13-sjednice-vlade-crne-gore-2.

kom (2024) 0800 - Ingen titel

Government of Montenegro (2023), Report on the implementation of public tenders and approved

projects in accordance with the Law on Non-Governmental Organizations in 2022 (Izvještaj

realizaciji javnih konkursa i odobrenih projekata u skladu sa Zakonom o nevladinim organizacijama u

2022.

Godini),

https://wapi.gov.me/download-preview/86ccb03c-e7bb-48dd-b0b1-

c55c6aa9d7df?version=1.0.

Government of Montenegro (2023), Archive, Montenegro adopts first Media Strategy for 2023-2027

enhance

the

environment

for

free

and

professional

journalism,

https://www.gov.me/en/article/montenegro-adopts-first-media-strategy-for-2023-2027-to-enhance-the-

environment-for-free-and-professional-journalism.

Government of Montenegro (2023), 2022 Report on the Implementation of the Decree on the

Selection of Representatives of NGOs in Working Groups of State Administration Authorities and

Implementing

Public

Consultations

Preparing

Laws

and

Strategies,

https://www.gov.me/dokumenta/4fcf1033-42cc-47fc-85b9-07238dd8534d.

Government of Montenegro (2024), Draft strategy for judicial reform 2024-2027 (Nacrt

strategije

reforme pravosuđa 2024-2027).

GRECO (2015), Fourth Evaluation Round – Corruption prevention in respect of members of

parliament, judges and prosecutors, Second Addendum to the Second Compliance Report

https://rm.coe.int/fourth-evaluation-round-corruption-prevention-in-respect-of-members-

of/1680aec93a.

GRECO (2020), Fifth Evaluation Round – Preventing corruption and promoting integrity in central

governments (top executive functions) and law enforcement agencies, Second Compliance Report,

https://rm.coe.int/fifth-evaluation-round-second-compliance-report-north-macedonia-/1680acf53f

Judicial Court of Montenegro (2023), Annual work report on the Judicial Council and total statement

in the Court for 2023 (Godišnji

izvještaj o radu Sudskog Savjeta I ukupnom stanju u Sudstvu za 2023.

Godinu).

Media Freedom Rapid Response (2024), Monitor,

https://www.mfrr.eu/monitor/.

Media Ownership Monitor Montenegro 2023 (2023), Adria TV,

http://montenegro.mom-

gmr.org/en/media/detail/outlet/adria-tv/.

Media Ownership Monitor Montenegro 2023 (2023), Individual owners,

http://montenegro.mom-

gmr.org/en/owner/individual-owners/.

Media Ownership Monitor Montenegro 2023 (2023), Montenegrin Media needs State help to provide

pluralism,

http://montenegro.mom-gmr.org/en/findings/media-regulation/.

Mina News (2024), Press release 10.03.2024, Korać: I expect that we will receive a proposal for a

candidate for the president of the Supreme Court (Korać:

Očekujem da ćemo dobiti predlog kandidata

za predsjednika Vrhovnog suda),

https://mina.news/vijesti-iz-crne-gore/drustvo/korac-ocekujem-da-

cemo-dobiti-predlog-kandidata-za-predsjednika-vrhovnog-suda/.

Montenegro Bar Association (Advokatska Komora),

https://www.advokatskakomora.me/index.html.

Montenegro Protector of Human Rights and Freedoms (2024), Work report for the year 2023.

OECD (2018), Convention on Combating Bribery of Foreign Public Officials in International

Business Transactions, Ratification Status as of May 2018,

https://www.oecd.org/daf/anti-

bribery/WGBRatificationStatus.pdf.

OHCHR (2023), Press release 26.09.2023, Montenegro: Failure to ensure judicial independence

hindering

access

justice,

says

expert,

https://www.ohchr.org/en/press-

releases/2023/09/montenegro-failure-ensure-judicial-independence-hindering-access-justice.

kom (2024) 0800 - Ingen titel

OSCE

(2018),

Draft

law

media

https://www.osce.org/files/f/documents/1/b/403652.pdf.

legal

opinion

and

comments,

OSCE (2023), Montenegro presidential election 19 March and 2 April 2023 ODIHR Election

Obeservation Mission Final Report.

Parliament of Montenegro (2024), Anti-corruption Committee,

https://www.skupstina.me/en/working-

bodies/anti-corruption-committee.

Reporters without borders (2024), Map – 2024 world press freedom index,

https://rsf.org/en/map-

2024-world-press-freedom-index.

SEENPM (2023), Weak mechanisms and outdated code of ethics, media self regulation in

Montenegro,

https://www.mminstitute.org/wp-content/uploads/2023/11/Ourmedia_MNE-ENG_23-

11-21.pdf.

Sindikat Medija (2023), Montenegro indicators on the level of media freedom on journalists’ safety

2022,

https://sindikatmedija.me/en/publications/montenegro-indicators-on-the-level-of-media-

freedom-and-journalists-safety-2022/.

TAIEX (2022), Case-based Peer Review Mission on Countering organised crime and corruption,

Peer-Review-Mission-on-Countering-organised-crime-and-corruption_2022 (1).pdf.

Transparency

International

(2024),

https://www.transparency.org/en/cpi/2023.

Corruption

perceptions

Index

2023,

kom (2024) 0800 - Ingen titel

Annex II: Country visit to Montenegro

The Commission services held hybrid meetings in March 2024 with:

•

Administrative Court

Agency for Electronic Media

Agency for Prevention of Corruption

Association of judges

Association of Professional Journalists

Association of Prosecutors

CDT, Centre for Democratic Transition

CEDEM

CEMI (Centre for Monitoring and Research)

Centre for Civic Education (CGO)

Civic Alliance

Constitutional Court

High Court of Podgorica

Human Rights Action (HRA)

Institut Alternativa

Judicial Council

MANS

Media Centre

Media Institute

Media Self-Regulation Council

Ministry of Culture and Media

Ministry of European Affairs

Ministry of Interior

Ministry of Justice

Montenegrin Bar Association

Office of Montenegro’s Representative before ECtHR

Office of the Deputy Prime Minister for Judiciary and anticorruption

Ombudsperson’s Office

Parliament (Secretariat; Committee on Political System, Judiciary and

Administration; Committee on Human Rights and Freedoms; Anti-corruption

Committee)

Police Directorate

Police specialised department for corruption

Police unit for financial investigation

Prosecutorial Council

Special State Prosecutor’s Office

State Audit Institution

State Prosecutor’s Office

Supreme Court

Trade Union of Media of Montenegro