HRA NEWSLETTER 12 – TOPIC 7

A year has passed since residents of the Bijelo Polje villages of Poda, Lozne, and Srđevac filed a lawsuit with the Administrative Court of Montenegro regarding the decision of the Secretariat for Rural and Sustainable Development of Bijelo Polje to allow the company Imperijal to build a quarry in their area. No decision has yet been issued, so on September 10, the residents protested in front of the court offices in Podgorica and warned that they would escalate their actions if a decision was not reached soon.

During the protest, residents stated that the local secretariat was not competent to grant Imperijal, owned by the brother of the Mayor of Bijelo Polje, Petar Smolović, permission to build the quarry.

A few days after the gathering, they requested that Prime Minister Milojko Spajić form an independent commission to examine “how a concession was granted without government approval and without the necessary legal obligations, participation, or consent of the Ministry of Agriculture, Forestry, and Water Management.” They also expect the Special State Prosecutor’s Office to investigate “whether abuses and criminal offenses of bribery or receiving and giving bribes to the detriment of citizens and their communities were committed,” according to a statement provided to the media.

The residents announced that they will return on October 7 to the Administrative Court for the first hearing in the case filed under their lawsuit.

Meanwhile, the Government of Montenegro recommended that the Administrative Court take all necessary measures to reduce the excessive duration of administrative proceedings, especially those repeatedly before the court. They emphasized that particular attention should be given to cases concerning restitution of property rights, compensation, and expropriation, ensuring they are resolved within a reasonable timeframe.

It should be recalled that in June, the Administrative Court reported that fourteen judges are handling over 30,000 cases, with each judge managing an average of 2,500 cases at a time.

The alarming situation at the Administrative Court of Montenegro was further highlighted in the 2022 report by the Council of Europe’s specialized body—the European Commission for the Efficiency of Justice (CEPEJ). The report pointed out a concerning state at the court, which recorded the largest decline in efficiency in Europe at 89%. Proceedings before the Administrative Court lasted on average 739 days, a situation comparable only to Serbia.

HRA NEWSLETTER 12

• N12.T1 – Constitutional Court at risk of blockade, authorities did not allow the election of Mirjana Vučinić as Constitutional Court judge
• N12.T2 – Minister of Justice Announces Consideration of UN Rapporteur’s Recommendations in Upcoming Legal Reforms
• N12.T3 – New Political Attacks on Constitutional Court Decisions Without Legal Grounds
• N12.T4 – Vesna Medenica Prohibited from Leaving Home Due to Court Absences, U.S. Places Her on Blacklist
• N12.T5 – Dragan Kovačević Acquitted by High Court – Judge’s Formulation Raises Concerns
• N12.T6 – Accountability of Saša Čađenović Under Review Over Statute of Limitations in ‘Telekom’ Case, Other Prosecutors Overlooked
• N12.T7 – Residents of Bijelo Polje Protest Over Delays at Administrative Court
• N12.T8 – Pre-Trial Detainees on Strike; Supreme Court President Calls for Amendments to the Criminal Procedure Code
• N12.T9 – Montenegro Loses Cases at the European Court of Human Rights; Government Issues Recommendations to Prevent New Applications
• N12.T10 – Four Convicted to 30 Years in Prison for the Murder of Inspector Slavoljub Šćekić
• N12.T11 – Prosecutorial Council Appeals to Parliament to Elect New Members; Special Prosecutor’s Office Strengthened
• N12.BN – BRIEF NEWS