HFII - Improved procedural safeguards in judicial proceedings

The main objective is to support the Montenegrin authorities to further align the legal framework with the EU acquis, thus ensuring that the rights of suspects, accused persons and victims in criminal proceedings are effectively protected. In the context of the EU negotiation process, the Action contributes to transposition of EU directives into national legislation and effective implementation of the judgments of the European Court of Human Rights (ECtHR) at the national level.

The main partners and beneficiaries of the Action are: the Constitutional Court, Supreme Court, Prosecution Offices, Ministry of justice, Ministry of Labour and Social Welfare, Minister for Human and Minority Rights, Judicial Training Centre, State Agent before the European Court of Human Rights, Police Directorate, Law Faculties, Bar Association, Free Legal Aid offices and Human Rights specialised NGOs.

The following results are expected:

Improved legal framework and practice concerning the procedural rights and victims’ rights in line with the EU directives and ECtHR case law
Enhanced free legal aid mechanisms at the national level for disadvantaged and marginalised groups
Reinforced inter-judicial dialogue in the field of human rights protection
Improved legal reasoning and implementation of the European Convention on Human Rights in judicial proceedings, specifically targeting Articles 2, 3, 5 and 8 of the Convention
Reinforced human rights education at the law faculties through the human rights clinical legal trainings

Project information

Duration: 36 months (24 May 2019 - 23 May 2022)
Place/ country: Montenegro
Budget: 900 000 EUR
Funding: European Union/Council of Europe Horizontal Facility for the Western Balkans and Turkey

Project documentation

Project summary

Useful links

Publications

Gender analysis and recommendations for strengthening the inclusion of gender perspective in the implementation of the Action - ENG
Handbook on caselaw of the European Court of Human Rights in relation to Right to Property (Article 1, Protocol 1) - MON
Manual on conducting effective investigations in the cases of ill-treatment - ENG - MON
Bulletin of the Administrative Court of Montenegro - MON
Toolkit on human rights protection in extraordinary circumstances- ENG - MON
Procedural rights of persons deprived of liberty in non-criminal proceedings -ENG- MON
Right to property in the context of Article 1 Protocol 1 to the ECHR - ENG - MON
Leaflet on Free Legal Aid Offices MON- ALB
Leaflet on the Work of Victim Support Services MON
Bulletin of the Constitutional Court of Montenegro MON
Protocol for support services for witness and victims of trafficking in human beings and domestic violence- ENG - MON

Back Revision of the Law on Free Legal Aid in Montenegro

@ Council of Europe

A round table on the Law on Free Legal Aid took place in Podgorica on 12 December. The round table was organised in a close co-operation with the Ministry of Justice in the context of the public debate on proposed amendments to the Law.

The Ministry of Justice has created the working groups tasked with revising the Law on Free Legal Aid and proposing the amendments to the Government and the Parliament of Montenegro. To facilitate the full alignment of the law with relevant international and European standards, the joint European Union and Council of Europe action “Improved procedural safeguards in judicial proceedings in Montenegro” has provided expert and technical support to the working group, which is chaired by the Ministry of Justice.

The proposed amendments were presented during the round table, thus ensuring extensive consultations with the relevant stakeholders, professional and wide public. The revision of the Law is aimed at enhancing the access to justice, particularly for vulnerable groups, such as the victims of torture, domestic violence and children.

The action "Improved procedural safeguards in judicial proceedings in Montenegro" is a part of the Joint European Union and Council of Europe Programme “Horizontal Facility for the Western Balkans and Turkey 2019-2022”.

PODGORICA 12 DECEMBER 2022