Montenegro has made good progress in judicial reform, the fight against corruption, freedom of expression and the media, but its institutions are fragile and vulnerable to political crises and potential institutional blockages, the European Commission assessed in the draft report that will be adopted today.
It is said that the electoral framework requires a comprehensive review, although the conduct of elections is generally satisfactory.
"The legal framework requires comprehensive reform and alignment with EU legislation, including electoral legislation, restrictions on voting and candidacy rights, transparency, dispute resolution mechanisms and oversight of campaign finance and the media. Most of the remaining OSCE/ODIHR recommendations have not been addressed. "Montenegro should make an additional effort to harmonize its electoral processes with the highest democratic standards," the report says.
Parliament, as assessed, can perform its powers in a mostly satisfactory manner.
It is recalled that despite the constant fragmentation of the parliamentary landscape, a majority was formed in October 2023, ending a prolonged period of political instability.
Consensus on key reforms related to EU accession was extended to both ends of the political spectrum and EU-related legislation was adopted unanimously in parliament. However, tensions and inter-ethnic polarization have reappeared, which has a negative impact on political stability,'' the EC points out and adds that during the summer of 2024, the parliament had "some hasty legislative initiatives without applying the necessary transparency."
Disagreements in the Government threaten its cohesion
It was stated that the new negotiating structure, in charge of EU accession negotiations, led by the chief negotiator, adequately fulfills its role of coordinating accession negotiations.
The EC recommends that the coordination role of the Ministry of European Affairs should be strengthened, with additional resources and expertise.
"The government regularly holds sessions. However, the recurring internal disagreements between individual ministers and the prime minister threatened the cohesion of the Government and its overall efficiency,'' warns the EC.
Civil society organizations in Montenegro operate, as assessed, in a stimulating environment.
"The main legal and institutional framework for the free action of civil society is in place. The role of civil society in creating policies is formalized, but sometimes only symbolic. The Council for Cooperation between the Government and Non-Governmental Organizations (NGOs) did not continue its work. Further efforts are needed to ensure genuine and meaningful cooperation between the government and NGOs,'' the EC believes.
Public administration reform
Montenegro is, as stated, moderately prepared in this area. Overall, limited progress has been made.
Certain measures have been taken to improve the planning and management of capital investments, especially through the establishment of the Council for Public Investments, but "additional efforts are needed to improve the public framework for investment management".
"The number of requests for access to information of public importance and related complaints has further increased. The Commission's recommendations from last year have been partially implemented and remain in force,'' the report states.
It is indicated that in the coming year, Montenegro should especially:
- adopt and implement changes to the Law on Free Access to Information, in accordance with the principles of good public administration, and introduce measures to reduce the high number of requests for access to information and related complaints;
- amend and implement the Law on Civil Servants and Employees and the Law on Local Self-Government, in order to ensure that employment follows the principles of merit, competence and transparency;
- establish a unique, comprehensive and transparent system for planning and managing capital investments.
Judiciary and fundamental rights
Montenegro is moderately prepared for the application of EU acquis and European standards in this area and has made good progress overall.
"Good progress has been achieved in relation to judicial reform, the fight against corruption, freedom of expression and freedom of the media, with significant reforms of legislative and strategic frameworks implemented," it said.
It is recalled that in June 2024, the European Commission determined in the Assessment Report on the fulfillment of temporary criteria (IBAR) that Montenegro fulfilled the temporary criteria for chapter 23, which set the final criteria for this chapter.
Functioning of the judiciary
The EC assessed that the judicial system of Montenegro is moderately prepared and has made good progress in key judicial reforms and last year's recommendations.
As you can recall, a new strategic framework was established, and significant changes to the Law on the Judicial Council and Judges, the Law on the State Prosecutor's Office and the Law on the Special State Prosecutor's Office were adopted in order to harmonize them with the acquis of the EU and European standards, in accordance with the recommendations of the European and the Venice Commission.
"Additional alignment will be required to continue this process. Progress has been made in transparent and merit-based appointments to high judicial posts, after a long hiatus. The Assembly, by a qualified majority, appointed a new permanent Supreme State Prosecutor, three members of the Judicial Council and one judge of the Constitutional Court, and only the appointment of the permanent President of the Supreme Court remains.
The Commission's recommendations from the previous year have mostly been fulfilled.
For the next year, the EC recommends to Montenegro that:
- appoints the permanent president of the Supreme Court, as well as other high judicial positions, through a procedure based on merit and transparency, in order to ensure the proper functioning and accountability of the judicial system;
- ensure the full and effective implementation of the improved strategic and legal framework in order to solve the existing challenges and further align the legal framework, including the Constitution, especially in relation to the composition and decision-making process of the Judicial Council, with the EU acquis and European standards in terms of independence, accountability, impartiality , integrity, efficiency and professionalism of the judicial system, solving the remaining recommendations of the European Commission, the Venice Commission and GRECO, in order to resolutely restore stability, credibility and public trust in the judicial system.
- fully implement the Plan for the rationalization of the court network and the Strategy for the digitization of the judiciary, in order to improve the human, financial and physical infrastructure in the judiciary and the state prosecution.
The fight against corruption
The EC states that Montenegro is between a certain and a moderate level of preparedness in the fight against corruption.
"Good progress has been made in key reforms and recommendations from last year. The strategic framework was improved by the adoption of the new Strategy for the fight against corruption for the period 2024-2028, with the aim of harmonizing with European and international standards, through an approach to the prevention and repression of corruption, as well as international cooperation. Also, the legal framework was significantly improved by the adoption of the new Law on Prevention of Corruption and amendments to the Law on Confiscation of Assets, with the aim of harmonizing with European standards by solving existing deficiencies.
In addition, it is recalled that a new Law on Lobbying was adopted, in accordance with the acquis of the EU and European standards. New guidelines were adopted to enhance the use of plea agreements by prosecutors and judges in corruption cases, including high-level corruption, to ensure an effective and dissuasive criminal justice response.
The Commission's recommendations from the previous year have mostly been fulfilled.
For the next year, the recommendations are that Montenegro:
- ensure the full and effective implementation of improved strategic and legal frameworks in order to solve existing challenges and continue alignment with the EU acquis and European standards in the field of prevention and fight against corruption, addressing the remaining recommendations of the European Commission, the Venice Commission and the Council of Europe's Group of States against corruption ( GRECO) and mission to review work, including institutional setup and effective functioning;
- further improve results in the fight against corruption, including high-level corruption, by urgently strengthening the effective application of existing criminal legislation by the prosecution and courts, including the imposition of effective and dissuasive penalties;
- urgently amend the Law on the Financing of Political Entities and Election Campaigns in order to solve the existing shortcomings and fully harmonize it with European standards, which will significantly increase the transparency and control of the expenses of political parties, as well as prevent the abuse of state resources, including through deterrent sanctions.
Basic rights
The legislative and institutional framework for fundamental rights is mostly established, and Montenegro largely fulfills its international obligations in the field of human rights, the report says.
"However, more efforts are needed to fully implement this framework and ensure access to justice and enforcement of rights in administrative and judicial proceedings, especially for vulnerable groups. The most vulnerable groups in society (including Roma and Egyptians, people with disabilities, LGBTIQ people) are still exposed to discrimination, hate speech and hate crimes. More efforts are needed to effectively address all the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment''.
The Commission's recommendations from the previous year were, as stated, partially implemented, with significant progress in the drafting of the new law on the prohibition of discrimination and the revision of the relevant criminal legislation, and remain mostly valid.
In the next year, as it is added, Montenegro should especially:
- make significant progress in implementing all remaining recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment;
- make significant progress in implementing the Strategy for the Improvement of the Position of Roma and Egyptians in Montenegro, as well as the obligations from the Poznań Declaration;
- adopt a new law on the prohibition of discrimination and a new law on the protection of personal data, in accordance with the legal acquis of the EU, European and international standards.
Freedom of speech
The EC reminds that Montenegro has a pluralistic media environment and is between a certain and a moderate level of preparedness in the area of freedom of expression.
"Overall, good progress was made in the observed period, especially with the adoption of a package of media laws - the new Law on Media, the new Law on Audiovisual Media Services and the new Law on Public Service RTCG - in accordance with the acquis of the EU and European standards, which was key recommendation of last year's report''.
The Commission's recommendations from the previous year were mostly implemented. For the next year, the EC recommends Montenegro to:
- continue to provide timely and effective protection of journalists through the enforcement of laws and institutions against all forms of violence, while prioritizing investigating and legally resolving key old cases;
- ensure consistent application of all media-related laws and adhere to a zero-tolerance policy towards any form of pressure or harassment of journalists, including by public officials;
- to protect against any inappropriate influence on the editorial, institutional or financial independence of the RTCG public service, which should fully respect the law and the highest standards of professional integrity and responsibility.
Justice, freedom and security
In this chapter, according to the EC assessment, Montenegro is between a moderate and a good level of preparedness.
"Montenegro has made good progress in the fight against organized crime and in the management of migration and asylum. In June 2024, the European Commission determined in its interim assessment report that Montenegro met the interim benchmarks for chapter 24, and therefore the final benchmarks for this chapter were adopted.
The recommendations of the Commission from the previous year were partially implemented, and the recommendations for the next year are:
- increase the efficiency of the prosecution/court in cases of serious and organized crime, especially in cases of money laundering; solve the problem of lengthy trials and frequent delays in cases of organized crime; ensure the application of key legal concepts such as independent money laundering (independent of the underlying criminal offense) and the quality of evidence by the courts and prosecution; and ensure seizure and confiscation of criminal assets - through systematic monitoring of cash flows, effective use of special investigative measures and consistent application of extended confiscation;
- further strengthen border management capacities by addressing key gaps in border surveillance infrastructure and equipment; take the necessary steps to establish an advanced passenger information system and a system for the biometric registration of migrants;
- additionally harmonize the visa policy of Montenegro with the list of EU countries that require visas, in accordance with the obligations undertaken within the Reform Agenda, especially in relation to countries that pose a risk of irregular migration or security risks for the EU.
The fight against organized crime
"Montenegro is moderately prepared in the fight against organized crime. Good progress has been made with the adopted amendments to the legislation in the areas of money laundering and human trafficking,'' the EC assessed.
We know that its recommendations from the previous year have been partially implemented, and for the next year, Montenegro should especially:
- progress in filling vacant positions in the Special Police Unit (SPJ), the Special State Prosecutor's Office (STP) and the High Court in Podgorica; provide appropriate premises for SDT and SPJ and reorganize the department for special investigative measures (SIM);
- further amend the legislation on weapons in order to harmonize it with the EU acquis and international standards;
- address the risks of corruption and infiltration of organized crime into law enforcement agencies and the judiciary by implementing a strong prevention policy and providing a strong judicial response to detected cases; urgently carry out reorganization in the Ministry of Internal Affairs/Police in the area of corruption prevention and internal control.
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