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

Retour Marking International Human Rights Day - Moot Court competition for law students involved in the legal clinic

The simulation of a trial was organised on 8 December as part of the programme aimed at marking the International Human Rights Day.

The law students enrolled in the legal clinic participated in the moot court competition that was based on the simulated case in the field of human rights.

For over a month, the students have been practicing for the simulation under the supervision of the mentors, who are prominent practicing lawyers. Divided in two teams, the applicant and the state agent, students were tasked to draft the application and the response to the application, thus demonstrating the skills to present a legal argumentation and legal reasoning in writing.

During the simulation of the trial, the students have shown the ability to go beyond the university-based education and work in a more practical environment. A three-member panel of judges concluded that both teams have shown a strong command of human rights standards and strategic thinking. Still, the team of the respondent state won the competition, as they had prepared a strong argumentation and presented the legal arguments in a more coherent manner.

All the participants received appropriate awards for their efforts and expressed commitment throughout the competition process.

The Moot Court competition was organised through the action "Improved procedural safeguards in judicial proceedings in Montenegro", that is a part of the Joint European Union/Council of Europe Programme “Horizontal Facility for the Western Balkans and Turkey 2019-2022”.

MONTENEGRO 8 December 2022