On the occasion of the International Anti-Corruption Day
As the famous legal maxim goes: where there is society, there is law (Ubi societas, ibi ius). And further, where there is law, there are those who enforce it. From the Roman praetors to modern judicial institutions, justice has been administered by individuals who hold lawbreakers accountable. International Anti-Corruption Day is an important reminder of that role.
Monitoring of organized crime and corruption cases
The OSCE Trial Monitoring Project is implemented in Montenegro and five other jurisdictions, monitoring cases of organized crime and corruption in the public and private sectors and assessing the judicial response to these cases.
One of the dimensions through which the Project assesses the judiciary's response to organized crime and corruption cases is the capacity of justice sector actors, including judicial accountability.
In Montenegro, judicial accountability is often perceived as strictly institutional and regulatory, due to the numerous assessment criteria against which judges are held accountable in the performance of their duties. However, it is through the unique, diagnostic perspective of trial monitoring that it is possible to see the essential nature of judicial accountability. More precisely, the accountability of judges is directly observed in the courtroom through their efforts to ensure an effective response to corruption cases – which is also the best means of preventing corruption.
The connection between judicial accountability and the prevention of corruption
Judicial accountability is based on ethics, while corruption seeks to undermine ethics. Ethics underscores the very purpose of fighting corruption: the moral obligation to act rightly and fairly. It is the ethical commitment of judges that makes the essential difference. Ethics is the inner drive that drives judges to come to court every day and protect the rule of law.
The Trial Monitoring Project aims to document acts of professional integrity in assessing responses to organized crime and corruption cases. For example, teams across the region, including Montenegro, have documented good practices by judges in overcoming normative gaps, institutional difficulties, and the different procedural demands of parties to proceedings. This sometimes requires strong commitment, such as holding hearings outside the seat of the competent court (in another court), scheduling multiple hearings in advance to ensure the presence of all parties, or providing emergency medical expertise when necessary. These are all individual steps that judges take to ensure that justice is served.
While work continues to improve the overall judicial response to corruption cases, trial monitoring has noted important developments that indicate progress. For example, when a judge's reasoning in sentencing reflects an understanding of the broader societal impact of corruption, this represents an effective judicial response to corruption.
Further steps in linking judicial accountability and the fight against corruption
A general shift in judicial accountability cannot be fully achieved solely through stricter regulations or more rigid disciplinary procedures. Judges are the key bearers of justice in society. They are the ones who hold corrupt perpetrators accountable for their actions. Without judges who hold themselves accountable for their work, existing or even improved accountability mechanisms will not lead to lasting change.
This is precisely what makes the fight against corruption and judicial accountability so strongly linked: an internal duty to act rightly, where such action is an end in itself, not the result of external recognition. A society that relies on judges with professional and personal integrity will consistently hold accountable those members of society who lack integrity and ethical principles.
By observing changes in the behavior of judges, the trial monitoring project contributes to the recognition that even seemingly small steps in behavior can lead to a better judicial response to corruption. Because, ultimately, corruption cannot take root in a soil that is nurtured by integrity and a strong commitment to accountability. It is precisely such an environment that allows society to progress.
The author is a National Trial Monitoring Officer, OSCE Mission to Montenegro.
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