In the drafts of the judicial reform strategy and the action plan for its implementation, one of the most pressing problems - the achievement of results in the cases of high corruption and organized crime that are pending before the High Court in Podgorica - was not treated at all.
This was assessed by a member of the Prosecutor's Council and a lawyer in the comments (remarks, proposals and suggestions) on those two documents submitted to the Ministry of Justice. Siniša Gazivoda.
Drafts of the strategy for the period from 2024 to 2027 and the action plan from 2024 to 2025 were prepared by the Ministry of Justice, and the Government published them on its website at the end of January. A public discussion on these documents is underway.
Gazivoda says in his commentary that, apart from the issue of results in cases of high crime and corruption being related to several temporary standards in the negotiations with the EU, it is a publicly known fact that before the Specialized Division of the High Court in Podgorica, an extremely small number of cases are resolved annually by verdict compared to the number of those in work.
"This problem is important enough that it should be singled out and treated," he added.
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He states that the reduction in the number of backlog cases was treated in the drafts only through the indicator of the percentage of overcoming the influx of cases. He explains that the indicator set in this way only shows how many cases are resolved during the year in relation to the number received in the year. However, he points out, there is a lack of an indicator that would measure the performance in solving old cases and actually monitor whether the activity on consistent application and monitoring of the program for solving old cases is effective.
"... It is worth noting that the previously valid Justice Reform Strategy 2019-2022. and the action plans for its implementation had better defined and measurable indicators (reduction in the number of backlog cases, respect for the right to a trial within a reasonable time). The aforementioned is especially important when we bear in mind that the operational goal of reducing the number of backlogged cases is not achieved only by solving a simple case received that year in one year, but by solving a dispute that has a duration of several years or decades", it is written in the comments. Gas pipelines.
The lawyer further assesses that the Draft Action Plan does not contain any indicator of performance, activity or results in relation to the issue of compliance with ethical codes by holders of judicial functions. It seems justified, he says, that, bearing in mind the importance of that issue, the document should provide for a comprehensive analysis of the existing ethical rules and their application.
"Also, bearing in mind that the draft strategy talks about the need for continuous training in respect of compliance with the provisions of ethical codes, then this issue should also be found in the draft action plan through a measurable indicator".
Speaking about the operational goal from the draft strategy regarding the improvement of procedural legislation, Gazivoda points out that in the European Commission's report from 2023, it was ordered that Montenegro should adopt changes to the Law on Confiscation of Property Gains from Criminal Activity. However, he says that there is no mention of the improvement of that act in either of the two documents.
He states that it is actually not possible to adequately comment and evaluate the planned activities and indicators in connection with this operational goal, "and it will not be possible to monitor the realization of the set indicators in the way that is foreseen."
"Percentages of changes in civil, criminal and administrative legislation are listed as performance indicators, and activities are set as general areas of law change without explaining what will be changed and why, and what will be fulfilled by 70 or 80 percent..."
Gazivoda points out that the drafts do not deal with the issue of the security of judicial facilities at all, nor, as he says, do they make it appear that the formation of special security services in the judiciary and prosecutor's office will finally be implemented or that this authority and responsibility will finally be given to the Police Directorate.
"The only thing these strategic documents deal with regarding the security of judicial facilities for the next four years is the increase in the number of judicial facilities that have security scanners. The way this issue is being treated is that by the end of the strategy, that is, for the next four years, two courts and two prosecutor's offices will each get a security scanner, and that's all," states the lawyer.
The Draft Strategy states that problems have been observed in the system of disciplinary responsibility of holders of judicial office - judges and prosecutors, which is why the plan, as stated, is to create an adequate normative framework for disciplinary responsibility through changes to the set of judicial laws and by-laws in accordance with the recommendations of the Venice commissions.
It was pointed out that it is necessary to bring to an end the work on the set of laws, but also to work on the further development of standardization and publication of judicial practice.
In the strategic document, the reconstruction of six court buildings is planned, and the obligation of preparatory works - defining the location, creating technical documentation for the new complex of judicial institutions in Podgorica - is also "outlined". It is not written anywhere in the Draft, but that part probably refers to the announced "judicial district", and for that purpose the Government proposed a location in Zabjelo at the end of last year.
The draft strategy is based on three special strategic goals - strengthening the independence, impartiality and responsibility of the judiciary, improving the expertise and efficiency of the judiciary, and improving access to justice, transparency and trust in the judiciary.
No mention is made of the urgency of moving SDT
Gazivoda assesses that the Draft Action Plan does not show the urgency to resolve the issue of moving the Special State Prosecutor's Office (STP) to the former Government building.
"Because the completion of the furnishing of the premises and the procurement of IT and security equipment for SDT has been relaxed for the fourth quarter of 2025".
Minister of Justice Andrej Milović said yesterday at a working breakfast with journalists that a working group was formed for the relocation of the SDT and the Special Police Department to the old government building. He said that the deadline is for the institutions that are now located there to move out of that building for two or three months, and then to adapt the building.
The judiciary will not change significantly
Gazivoda says that the accelerated work on the preparation of the most important strategic document in the field of justice should be welcomed, both due to the fact that the validity of the previous one expired in 2022 and that a new one has not been adopted since then, and also due to the fact that this document is closely related to the EU integrations.
However, he adds that the Draft Strategy does not show that there is a clear vision of what the judiciary should be like at the end of 2027, but also that the lack of ambition to implement the necessary serious reform intervention is worrying.
"Actually, the Draft reads that the judiciary will not be significantly different compared to today. This acts as a policy of continuity with earlier practices in which small and slow changes were presented as reform”.
Gazivoda states that the Draft Strategy does not give the prospect that it will be fulfilled in four years.
"We cannot pretend not to see the serious message contained in the European Commission's 2023 report on the deep infiltration of corruption and organized crime into state structures, including the judiciary. However, the Draft Strategy neither sees nor treats this problem directly. The totality of the measures offered in the draft strategy does not show that this problem will be solved, even if everything planned in that document is consistently and dedicatedly fulfilled".
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