N6.T6 – Ahead of the European Commission’s New Report on the Rule of Law
HRA NEWSLETTER 6 – TOPIC 6
On March 19, 2025, the Human Rights Action (HRA) participated in a meeting with representatives of the European Commission at the EU Delegation in Podgorica. Organized by the Directorate-General for Justice and Consumers (DG JUST), the meeting focused on the state of the judiciary in Montenegro in preparation for the new Rule of Law Report. Representatives from the civil society sector attended the discussion, highlighting key problems and challenges faced by judges and prosecutors.
HRA emphasized that, despite the election of the President of the Supreme Court in the interim, most of the issues identified in last year’s report still persist. While some progress has been noted, decisions regarding the election and promotion of judges and prosecutors remain inadequately justified. Additionally, disciplinary procedures are not yet effective in determining the accountability of judicial officials. The Judicial and Prosecutorial Councils are not fully constituted, and there remains a significant shortage of both judges and prosecutors. Furthermore, the final criteria for Chapter 23, which are essential for Montenegro’s EU accession negotiations, necessitate the establishment of adequate staffing and institutional capacities, as well as efficient mechanisms for holding the judiciary accountable.
Regarding the new Judicial Reform Strategy for 2024-2027, HRA expressed doubts about the feasibility of achieving the goal to fill 90% of judicial positions by the end of this year. The lengthy selection processes for judges, coupled with insufficient motivation for legal professionals to pursue a judicial career, raise concerns about the realization of this objective. Additionally, the planned adoption of a law on the rights of judges and prosecutors has been pushed back until the end of 2026, further disengaging the judicial workforce.
The HRA also noted a troubling trend in the increase of requests for the protection of legality in cases where the law has been violated in favor of the accused. In 2024 and 2025, 14 such requests were approved—more than in the previous four years combined. Discussions also encompassed criminal proceedings against certain judicial office holders, as well as former directors and high-ranking officials of the Police Administration. Both trends underscore the urgent need for a vetting process to ensure the integrity of the judiciary.
Other issues discussed included inadequate salaries for judges and prosecutors, court overload, a lack of administrative staff and advisors, and insufficient office space. Concerning efficiency, it was noted that the CEPEJ report for 2024 is not expected to improve upon the alarming situation highlighted in the 2022 report. Amendments to the Criminal Procedure Code (CPC), which are necessary to expedite judicial proceedings, have yet to be adopted. It was also mentioned that the European Commission’s comments on the draft amendments were primarily delivered at the end of January, with urgent amendments to the CPC anticipated.
Additionally, there was discussion about frequent political pressures, to which the Judicial and Prosecutorial Councils do not respond consistently.
The meeting with the representatives of the European Commission highlighted that the problems in Montenegro’s judiciary persist and that tangible results in line with the final criteria for Chapter 23 should be ensured as soon as possible.
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