Back A new Manual on protection of the right to trial within a reasonable time is made available to Montenegrin judges

A new Manual on protection of the right to trial within a reasonable time is made available to Montenegrin judges

The handbook on application of reasonable time standards in the context of Article 6 § 1of the European Convention was developed and published under the Action's auspices.

 

The handbook is intended to be a simple, yet comprehensive, tool for legal professionals, providing practical guidance in ensuring that the right to trial within a reasonable time is fully and properly implemented. The handbook offers an overview of the issues stemming from the obligation to guarantee speedy proceedings, which can also affect the enjoyment of other rights guaranteed by the Convention and developed in the case-law of the European Court of Human Rights. Its aim is to become a quick and solid reference companion for the magistrates, providing practical guidelines on the issues linked to the obligations arising from Article 6 § 1 ECHR.

 

The handbook is composed of seven sections. They explore issues related to the reasonable time requirement under Article 6 ECHR using the typical structured approach adopted by the Court when examining cases. A list of the judgments rendered by the ECtHR against Montenegro and a bibliography complete this work.

 

The Manual is developed and published within the framework of the Council of Europe Action entitled “Fighting ill treatment and impunity and enhancing the application of the European human rights case law on national level” which is being implemented in Montenegro under the joint Council of Europe and the European Union programme “Horizontal Facility for Western Balkans and Turkey”.

Podgorica, Montenegro 18 October 2018
  • Diminuer la taille du texte
  • Augmenter la taille du texte
  • Imprimer la page

Action summary

Within the theme “Ensuring justice”, the Council of Europe and the European Union are jointly financing the Action “Fighting ill-treatment and impunity and enhancing the application of the European Court of Human Rights case-law on national level – “FILL” in Montenegro.

The activities will focus on raising the capacities of judges, prosecutors and lawyers to better apply human right standards in their daily work. The training will be designed and implemented in close cooperation with the Judicial Training Centre, thus strengthening its capacities to facilitate human rights trainings for legal professionals, with a specific focus on protection and application of the Right to a Fair Trial (Article 6 of the European Convention on Human Rights) and Prohibition of torture and ill-treatment (Article 3 of the European Convention on Human Rights). In addition, the public dialog on prevention of torture and ill-treatment in places of deprivation of liberty shall be enhanced.

This Action is part of the Council of Europe/European Union Horizontal Facility for Western Balkans and Turkey.

Overall objective

The main aim of the Action is to contribute to the efforts in Montenegro to strengthen the judicial institutions and rule of law, thus ensuring that human rights of the people / population under the jurisdiction of Montenegro are better respected.

Outcomes and expected outputs

Outcome 1: The capacity of the judiciary to apply the ECtHR case-law on national level is improved

Expected outputs:

  • Strengthened capacity of the Judicial Training Centre to facilitate human rights trainings for legal professionals
  • Enhanced capacities of judges and legal advisors of the national courts to apply European human rights standards in their daily work
  • Enhanced institutional capacity of the Constitutional Court towards better application of the ECtHR case law
  • Identified shortcomings concerning length of proceedings and legislative solutions proposed
  • Strengthened capacities of the national authorities to execute ECtHR decisions

Outcome 2: Legal professionals are able to more effectively combat ill-treatment and impunity

Expected outputs:

  • Strengthened capacity of the Judicial Training Centre to train legal professionals on fighting ill-treatment and impunity
  • Strengthened capacities of legal professionals (judges, prosecutors and lawyers) and certain civil society organisations to effectively address issues of ill-treatment and impunity in line with the ECHR and the ECtHR case-law
  • Public dialogue on prevention of torture and ill-treatment in places of deprivation of liberty is enhanced through increased engagement of the CSO sector

  Outcome 3: Cooperation between the judiciary and legal professionals towards harmonised implementation of the Convention standards at the national level is reinforced

Expected outputs:

  • Strengthened capacities of the legal professionals toward coherent application of ECHR and ECtHR case law at the national level

This webpage has been produced using funds of a joint project between the European Union and the Council of Europe. The views expressed herein can in no way be taken to reflect the official opinion of the European Union.


 

Film

 

FILM

FILM
Film

 

Project at a glance
  • Duration: 32 months and 23 days - from 1 September 2016 to 23 May 2019
  • Beneficiaries/Partners: Ministry of Justice, Supreme Court, Constitutional Court, Appellate Court, High Courts, Administrative Court, Basic Courts, Judicial Training Center, Prosecutor General's Office, Judicial Council, Bar Association, National Agent before the ECtHR, Universities of Montenegro / Law Faculties
  • Funding: The European Union and the Council of Europe
  • Budget: 1.090.000 EUR
Type of action
  • Provision of expertise
  • Technical co-operation
  • Training/workshops
  • Study visits
  • Awareness raising