Policy Brief: Independent and impartial judiciary in Montenegro
Publisher: Center for Democracy and Human Rights (CEDEM), Montenegro
Date: June 2012
Volume: 12 pages, pdf
Description
Establishing judicial independence and impartiality during the accession process is of the highest importance for Montenegro to effectively protect the rule of law and human rights as well as to apply Community rules and procedures. This important task is not to be exhausted in establishing formal legal mechanisms, but in constant efforts of the state to prevent and eliminate any illegal influence on the holders of judicial functions. However, like in the majority of post-transitional countries, judiciary in Montenegro faces numerous challenges on this path, like the ones of organized crime and corruption, backlog of court cases, inappropriate material-technical equipment and the inheritance of strong influence exerted by the executive power. On the other hand, it seems that these days, judiciary has been criticized by the general public openly more than ever before, especially in regards to sensitive cases where both courts and the media are obliged to protect the guarantees of judicial proceedings from any inappropriate external influences.