CEMI - Centar za monitoring i istraživanje

Judicial Independence in Montenegro – Myth or Reality

11. Sep. 2023. in publications

This policy paper provides a comprehensive analysis of the current state of judicial independence in Montenegro. It delves into the legal and institutional framework governing judicial independence, encompassing an examination of the constitution, laws, regulations, and the structure of the judicial system. It also encompasses a comprehensive review of the principal recommendations provided by the European Commission (EC) through its annual reports and non-papers on the rule of law. Additionally, it incorporates an analysis of the recommendations provided by monitoring and standard-setting bodies of the Council of Europe, namely the Venice Commission and GRECO. In addition, challenges in meeting interim benchmarks on judicial independence in Chapter 23 are presented. The paper provides recommendations on the direction in which reforms in the area of judicial independence should be implemented to unblock the EU accession process and bring the country closer to EU membership.