Aims
  • To further enhance professionalism, accountability and the overall quality of service of the judicial system of Montenegro
  • To ensure functioning of the Judicial and Prosecutorial Councils, Centre for Training, as well as of the Center for Mediation on Montenegro in line with European best practices and standards
  • Focusing on ethics, liability and integrity, the Action will further strengthen, improve or in some cases assist to create the relevant ethical codes and mechanisms for monitoring the compliance among legal professions such as lawyers, bailiffs, notaries and court experts
Duration
The project will be over a period of 36 months (24/05/2019-23/05/2022)
Budget
  • The total budget of the Action is 800.000 EUR
  • The budget allocated to the overall Horizontal Facility programme amounts to ca. 41 Million EUR (85% funded by the European Union, 15% by the Council of Europe)
Beneficiaries
  • Citizens of Montenegro, who will benefit from modernised judicial administration and institutions, through user-centered approach, as well as professional and ethical judiciary and legal professionals
  • Judicial Council, Prosecutorial Council, Supreme Court of Montenegro, Office of the Supreme State Prosecutor, Center for Training in Judiciary and State Prosecution Service (JTC), Ministry of Justice of Montenegro, Bar Association, Chamber of Public Bailiffs, Chamber of Notaries, Association of Court Experts, Association of Court Interpreters and Center for Mediation of Montenegro
Publication

Code of Ethics for Notaries in Montenegro (Eng, Montenegrin)

How will the action work
  • Through capacity building of crucial judicial institutions in Montenegro
  • Through creation of ethical codes and mechanisms for monitoring the compliance
  • Through providing expertise to the relevant bodies in Montenegrin justice system
  • Through promotion of the judiciary, mediation and quality of mediation services and tools for their monitoring and improvement
  • The Action builds upon the results achieved by the Action “Accountability of the Judicial System” (HF14), implemented in the Horizontal Facility phase I (2016 – 2019)
Expected results
  • Judicial and Prosecutorial Councils, as well as Courts and Prosecutorial offices, improve the financial and administrative management of their institutions and the communication with court users.
  • Judges, prosecutors and other legal professionals improve their application of ethical and disciplinary procedures in line with European standards and best practices.
  • Judges and prosecutors are recruited, promoted and evaluated according to improved standards
  • Center for Training in Judiciary and State Prosecution Service is efficient, using confidently and applying new approaches and methods to plan, implement, evaluate and improve training programs for judges and prosecutors
  • The Centre for Mediation improves its effectiveness and functioning
How to get further information
Montenegrin website
Project news

Back “Notary: a professional at the service of all citizens”, the motto behind the workshop on the development of the new Code of Notary Ethics

Montenegro - Horizontal Facility: Accountability and professionalism of the judicial system
“Notary: a professional at the service of all citizens”, the motto behind the workshop on the development of the new Code of Notary Ethics

Notaries are an integral part of the legal order in 22 EU member states and exist in many Council of Europe members states as well. According to the European Commission for the Efficiency of Justice (CEPEJ) Specific Study on the Legal Professions conducted in 2019 in collaboration with the Council of the Notaries of the EU, the role of notaries is to limit disputes and enhance the preventive administration of justice. In doing so, notaries must carry out their duties in a manner that merits the confidence and the respect of citizens and other users of notarial services.

This has been further underlined during the Workshop for notaries held in Kolasin, on 19/20 November. Its purpose was to raise notaries' awareness on notarial ethics and to facilitate the development of the new Code of Notary Ethics. The Workshop was organised in collaboration with the Chamber of Notaries of Montenegro and attended by seven Chamber representatives, including the President and Secretary, as well as notaries from all regions of Montenegro. The Workshop was facilitated by two local Council of Europe consultants - authors of the new Draft Code of Notary Ethics.

During the Workshop, the participants discussed the new Code in its entirety, yet focusing on the most challenging aspects of notarial ethics, such as the promotion of notaries, relationships with third parties, including with banks and investors and (un)loyal competition among notaries. The structure and principles of the original Code adopted in 2011 was improved and aligned with the Deontology rules of the International Union of Notaries and of the Council of the Notariats of the European Union. The Guidelines of the Notaries in Germany (Bundesnotarordnung), as well as the codes of notary ethics from other countries in the region were also taken into account. Based on the participants' insightful comments, the draft of the Code was finalised during the Workshop and will be disseminated to other members of the Notary Chamber.

The Workshop was organised under the Action “Accountability and professionalism of the judicial system in Montenegro”, (also available on Montenegrin website) which is a part of the joint European Union and Council of Europe Programme “Horizontal Facility for the Western Balkans and Turkey 2019-2022”, implemented by the Council of Europe.

KOLASIN, Montenegro 19-20 November 2020
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