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Round table on disciplinary and ethical liability of judges in Montenegro

Achievements made so far in the implementation of the system of disciplinary and ethical liability of judges, including challenges and solutions for its further improvement were presented at the round table “Disciplinary and ethical liability of judges in Montenegro” which took place in Podgorica on 13 June 2018.

The event, jointly organised by the Council of Europe, the Judicial Council and the Supreme Court of Montenegro provided an opportunity for assessing results attained by supervisory judicial bodies and committees of the Judicial Council and discuss experiences in the initial period of implementation of the new disciplinary and ethical framework.

Ms Medenica, President of the Supreme Court, Mr Vukcevic, President of the Judicial Council, Ms Lakovic Draskovic, Director General of the Directorate for Organisation of Judiciary in the Ministry of Justice, Mr Spitz, Head of the co-operation section at the Delegation of the European Union to Montenegro and Ms Gelashvili, Head of the Justice sector reform unit at the Council of Europe welcomed presidents of the courts of Montenegro, members and representatives of the Judicial Council, of the Center for training in judiciary and state prosecution, of the Bar association and of international and civil society organisation.

The discussion emphasized that the role of court presidents in the procedure of establishing a disciplinary liability of judges is of the utmost importance while the role and the position of the disciplinary prosecutor should be further strengthened. Amendment for the revision of the Law on Judicial Council and Judges related to the grounds for disciplinary liability of judges were presented.

Participants had the opportunity to hear about challenges from the Council of Europe member states in the implementation of their disciplinary and ethical framework. Representatives of civil society organisations had a chance to present their views and to assess the work of the ethical and disciplinary committees of the Judicial Council.

The European Union and the Council of Europe confirmed their committment to encourage and support judiciary in Montenegro in the process to strengthen its independence and accountability. The importance of the judiciary being perceived by the public as impartial and independent was also emphasized, as it leads to building the public trust.

The Action “Accountability of the Judicial System” is jointly funded by the European Union and the Council of Europe within the “Horizontal Facility for Western Balkans and Turkey” and implemented by the Council of Europe.

 Press clipping from the daily Dnevne novine, page 12

 Press clipping from the daily Dnevne Pobjeda, page 8

  Press clipping from the online portal Antena M

Podgorica, Montenegro 25 June 2018
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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