Even though Montenegro has in great part implemented relevant standards relating to the length of proceedings, a concern persists in relation to administrative proceedings and administrative disputes. In several judgments against Montenegro, the European Court of Human Rights found that there is no effective remedy in administrative proceedings and that Montenegro has a problem with frequent return of cases by second instance or administrative courts to lower-level bodies. The new Law on Administrative Procedure, so far, has not offered sufficient elements to establish effective remedy for duration of proceedings. Therefore, it is of essential importance to propose relevant measures for protection of the reasonable time standards in this area.

With the aim to address the problem of duration of administrative proceedings and administrative disputes in the Montenegrin legal system, the Action is developing the Analysis on existing legislative practices concerning the administrative proceedings and administrative dispute. The first draft Analysis was presented during a two-day event that took place on 12 and 13 December 2018 organised in close cooperation with the Administrative Court of Montenegro and Judicial Training Centre.

The event brought together the representatives of the Administrative Court of Montenegro, administrative courts from regions, Supreme Court, European Court of Human Rights and National Representative before the European Court of Human Rights, with the aim to provide forum for discussion on issues related to application of Article 6(1) in the context of recently adopted Law on Administrative dispute in Montenegro. The inputs provided valuable contribution for the formulation of the findings and recommendations.

The conference was organised in the framework of the Action “Fighting ill-treatment and impunity and enhancing the application of the ECtHR case-law on national level (FILL)”, jointly funded by the European Union and the Council of Europe.