Summary of the project implemented by Human Rights Action, Montenegro
The project analyzes the sharp rise in extraordinary legal remedies in Montenegro’s criminal justice system, focusing on judicial decisions from 2024–2025 to identify unlawful practices and potential corruption. It aims to uncover patterns of misconduct, systemic causes and recommend reforms such as vetting. Targeting courts in Podgorica and beyond, the intervention will produce an expert-led report, engage judicial and international stakeholders, and promote transparency and accountability to strengthen the rule of law, judicial independence and anti-corruption efforts.
Project goals
This initiative aims to analyze the concerning rise in the acceptance of extraordinary legal remedies in criminal cases in Montenegro and to identify systemic weaknesses that have led to frequent and repeated violations of the law in favor of the accused. In addition to examining the root causes and patterns of unlawful conduct, particular attention will be given to potential signs of corruption, along with the development of recommendations for judicial reform — including stronger oversight mechanisms, targeted training, and possible vetting processes.
The goal is also to strengthen judicial accountability and professionalism, especially in criminal proceedings, and to rebuild public trust in the impartiality and integrity of the judiciary. Through concrete recommendations and institutional advocacy, the effort supports the broader fight against corruption and organized crime.
Beneficiaries
The project will benefit a wide range of stakeholders, both within the justice system and across Montenegrin society.
Direct beneficiaries include key judicial institutions — primarily the courts and state prosecutor’s offices — with a particular focus on judges and prosecutors who handle criminal cases. These actors will benefit from a detailed analysis of recurring legal errors and systemic weaknesses, as well as from concrete, evidence-based recommendations for professional development, improved oversight and possible vetting mechanisms. The Judicial Council and Prosecutorial Council, responsible for appointments and disciplinary procedures, will also benefit from the findings and recommendations aimed at strengthening accountability and integrity within their mandates.
The Ministry of Justice and the Centre for Training of Judicial Office Holders will receive actionable input to inform future reforms and tailor training programs to address identified gaps. The project also engages international partners, who will be briefed on the findings and involved in advocacy for reforms, thereby enhancing international support and pressure for institutional accountability.
Ultimately, the primary beneficiaries are the citizens of Montenegro. By promoting greater accountability and professionalism within the judiciary, the project contributes to increased public trust in the legal system, better access to justice and stronger protection of human rights. Citizens stand to gain from a judicial system that is more impartial, competent, and resistant to corruption — all essential elements for a fair and democratic society. The results of the project — particularly the analytical report, stakeholder consultations and reform recommendations — will support Montenegro’s broader efforts toward European integration, the rule of law, and the fight against organized crime and corruption.
Main activities
Collection and Analysis of Court Decisions – Obtaining decisions of the Supreme Court from 2024 and 2025 that confirm instances of unlawful conduct, followed by their legal and contextual analysis.
Identification of Patterns and Causes of Failures – Based on the analysis, recurring patterns and potential causes of unlawful conduct will be identified. Special attention will be given to distinguishing between professional mistakes, ignorance, and possible abuse of office, including corrupt influences or politically motivated actions.
Preparation of a Report with Recommendations – A report will be compiled containing findings, key trends, and specific recommendations for improving the judiciary’s work, particularly in the areas of accountability and transparency.
Translation and Graphic Design – The final version of the report will be translated into English, graphically designed, and prepared in a digital format tailored to different target groups. Distribution will include judicial institutions, international partners, and the broader public via mailing lists, the organization’s website, and social media. The report will be specifically sent to judiciary leaders with personalized cover letters and a direct call to respond and consider the recommendations.
Closed Meetings with Judicial Actors – Thematic meetings will be organized with representatives of the Higher, Appellate, and Supreme Courts, as well as with the Prosecutorial Council and the Ministry of Justice. The aim of these meetings is to present the findings directly to those who can influence changes in practice and to encourage constructive dialogue on reform steps.
Meeting with the Judicial Training Center – A meeting will be held with representatives of the state body responsible for legal education, to ensure that the report’s findings are incorporated into appropriate training programs – both for judicial candidates and for the continuous professional development of judges and prosecutors.
Consultations with International Organizations – To ensure international support and coordination of efforts, briefings are planned with the EU Delegation, ODIHR, the Council of Europe, embassies, and other relevant actors in the field of rule of law. During these meetings, the findings and recommendations of the report will be presented, with a particular emphasis on the need for a decisive response from Montenegrin institutions.
Participation in Public Discussions – Participation in public debates and media formats on the rule of law and judicial reform will aim to support public oversight and civic pressure. A press release will be issued to present the project’s results.
Analysis:
Analiza usvajanja zahtjeva za zaštitu zakonitosti (Montenegrin language)
Adoption of Requests for the Protection of Legality