Back Working meeting with advisors of the Constitutional Court of Montenegro on property rights

Working meeting with advisors of the Constitutional Court of Montenegro on property rights

A working meeting with the advisers of the Constitutional Court of Montenegro took place on 10-11 June, to further strengthen their capacities to apply human rights standards in their daily work.

A specific focus was given to the areas of priority, such as the issue of protection of property under Article 1 Protocol 1 to the European Convention on Human Rights. The recent case-law of the Court in Strasbourg against Montenegro indicates that violations of the property rights do occur.

Moreover, the Analysis on “Protection of the right to property in the context of Article 1 Protocol 1 of the ECHR” developed under the joint European Union and Council of Europe's action "Improved procedural safeguards in judicial proceedings in Montenegro" has shown inconsistences in the practices of the two superior courts when it comes to protection of the right to peaceful enjoyment of the property, specifically concerning the legitimate expectations of the parties in the cases of expropriation.

With the aim to address this important topic, the action has organised a working meeting that brought together the advisers of the Constitutional Court, the lawyer of the Registry in the European Court of Human Rights, the National Agent before the Court in Strasbourg and Council of Europe’s consultants, to discuss the recommendations on application of the relevant standards at the national level provided in the noted Analysis.

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

Budva, Montenegro 10-11 June 2021
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