Back EU and Council of Europe launch new programme of support to reforms in the areas of rule of law, democracy and human rights

EU and Council of Europe launch new programme of support to reforms in the areas of rule of law, democracy and human rights

On 24 November 2016, the European Union and the Council of Europe, through the joint programme “Horizontal Facility for the Western Balkans and Turkey” (Horizontal Facility), assisted the authorities of Albania, Bosnia and Herzegovina, Montenegro, Serbia, “the former Yugoslav Republic of Macedonia” and Kosovo* in achieving greater compliance with the European standards in three key areas: ensuring justice, fighting corruption, economic and organised crime, and in combatting discrimination and protecting the rights of vulnerable groups. As presented at the launching event, this three-year programme (May 2016 – May 2019) has a total budget of 25 million euros, of which 20 million euros has been provided by the European Union and 5 million euros by the Council of Europe.

EU Ambassador to Montenegro, Aivo Orav explained that through this initiative €3.1 million has been set aside to provide technical assistance to Montenegro to achieve greater compliance with European standards. He also pointed out that this programme is very timely, in light of the recently adopted European Commission’s 2016 Report on Montenegro, which states that its entire rule of law system needs to deliver more results, in particular to strengthen the track-record in the fight against corruption and organised crime, as well as on fundamental rights protection.  

 

The launch event focused on the six Actions under the Horizontal Facility programme to be implemented in Montenegro from May 2016 to April 2019:

  • Action against economic crime in Montenegro (AEC-MNE),
  • Fighting ill-treatment and impunity and enhancing the application of the ECtHR case-law on national level (FILL),
  • Enhancing human rights protection for detained and sentenced persons in Montenegro,
  • Fostering a Democratic School Culture,
  • Strengthening Integrity and Combat Corruption in the Higher Education,
  • Accountability of the Judicial System

 

“For results to be achieved, institutions need to be strengthened”, stressed Ambasador Orav, pointing in particular to the importance of strengthening the Anti-Corruption Agency and the Agency for Prevention of Money Laundering and Financing of Terrorism, including the capacity of the Police in conducting financial investigations. In addition, he reminded the audience that “Actions related to human rights protection will help Montenegro in addressing the issue of implementation of legislation, which remains weak as stated in the latest Report”.

Ms Pilar Morales Fernández-Shaw of the Office of the Directorate General of Programmes of the Council of Europe said that the Horizontal Facility relies on the Council of Europe’s unique working methods, whereby tailor-made technical co-operation activities are based on conclusions and recommendations of the Council of Europe’s monitoring bodies, which highlight areas where improvements are needed in legislation and policies of the beneficiaries to comply with the Organisation’s standards. She stressed that the results of the programme would depend on the involvement of the national institutions and encouraged the authorities of Montenegro to make best use of the provided assistance. 

The opening session included the interventions of the representatives of the State institutions that would benefit from the forthcoming Actions, who highlighted the importance of the programme and confirmed their institution’s commitment to its successful implementation: the President of the Constitutional Court, Desanka Lopicic, the President of the Supreme Court, Vesna Medenica, the Chief State Prosecutor, Ivica Stankovic, the Minister of Education, Predrag Boskovic, the Deputy Minister of Justice, Marijana Lakovic Draskovic and the Director of the Agency for Anti-Corruption, Sreten Radonjic.


Press release

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* This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence.

Podgorica 28 November 2016
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Action summary

As part of the European Union and Council of Europe programmatic framework “Horizontal Facility for the Western Balkans and Turkey”, the Council of Europe is implementing the Action “Accountability of the Judicial System” in Montenegro. The Action foresees a series of activities addressed to the Judicial and Prosecutorial Councils of Montenegro, as well as to its Judicial Training Centre.

The focus of the Action will be on strengthening the overall capacities of Judicial and Prosecutorial Councils, and of the Judicial Training Centre, bringing them in line with European standards. This will be achieved through a series of training and outreach events targeting judges, prosecutors, staff of the Judicial and Prosecutorial Councils and of the Judicial Training Centre, and the general public, as well as through revision of relevant legislation and support to its implementation.

Overall objective

The Action will contribute to strengthening the capacity of the Judicial and Prosecutorial Councils and the accountability of the whole judicial system in Montenegro.

Outcomes and expected results

Objective 1: The Judicial and Prosecutorial Councils have strengthened the capacities to recruit, assess and promote judges and prosecutors on transparent, merit-based and non-discriminatory criteria. .

Expected outputs:

  • Secondary legislation is drafted to improve recruitment, transfer, promotion and assessment of judges;
  • Judicial Council’s capacities are strengthened through transmitting knowledge and skills to enhance recruitment, assessment and promotion.

Objective 2: Enhanced accountability of the judicial system through support to the implementation of the Code of Ethics for judges and prosecutors.

Expected outputs:

  • Mechanisms for strengthening the implementation of the code of ethics for judges and prosecutors are identified;
  • Judges, prosecutors and the public are aware of new ethical standards through capacity building activities and awareness raising campaign.

Objective 3: Enhanced accountability of the judicial system through support of the implementation of disciplinary procedures for judges and prosecutors.

Expected outputs:

  • Mechanisms for ensuring objective and transparent implementation of disciplinary procedures are identified;
  • Capacitates of judges and prosecutors to apply disciplinary procedures have improved

Objective 4: Strengthened institutional capacity of the Judicial and the Prosecutorial Councils.

Expected outputs:

  • Judicial and Prosecutorial Councils rules, procedures, tools and working methods have improved and are more transparent;
  • Professional capacities of the secretariats and members of the Councils, including for monitoring and evaluation of national justice strategies and strategic budgetary and human resources planning, are enhanced

Objective 5: Judicial Training Centre empowered to implement the 2015 Law on the Centre of Training of Judiciary.

Expected outputs:

  • A strategy for implementation of the 2015 Law is drawn up and introduced by the Judicial Training Centre (JTC);
  • Training programme of the JTC is based on the actual needs of the judges and prosecutors.

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.

  • Duration: 24 months (from 1 November 2016 to 23 May 2019)
  • Beneficiaries/Partners: Judicial Council, Prosecutorial Council, the Supreme Court, Ministry of Justice, Office of the Supreme State Prosecutor, the Bar Association of Montenegro, the  Judicial Training Centre
  • Funding: The European Union and the Council of Europe
  • Budget: 787.163EUR