EC Non-Paper: Montenegro needs more intensive work and political commitment for reforms

Montenegro needs more intensive work and political commitment to fully meet all the final benchmarks in negotiating chapters 23 and 24, especially in the areas of judiciary, fight against corruption and organized crime, visa policy, media freedom and fundamental rights.

This is stated in a new non-paper from the European Commission (EC) regarding Montenegro's progress in chapters 23 (judiciary and fundamental rights) and 24 (justice, freedom, security), which Vijesti has access to.

A year ago, Montenegro received a positive Interim Benchmark Assessment Report for Chapters 23 and 24 (IBAR).

"Montenegro has continued to implement the final benchmarks for chapters 23 and 24, with some initial results," the non-paper states, adding that the timeframe proposed by Montenegro for the provisional closure of these chapters by 2026 is ambitious.

In the area of ​​justice, some positive initial results are indicated, but also insufficient implementation of reforms - 22,1% of the activities from the Action Plan of the Judicial Reform Strategy 2024-2027 in 2024 were fully implemented, 58,4% partially, and 19,5% were not implemented.

It is stated that, after an intensive phase of reforms during 2024, the basic laws guaranteeing the independence and impartiality of the judicial system are now largely aligned with European standards.

"As a result of these changes, the Judicial and Prosecutorial Councils are developing a new system for the appointment, performance evaluation and promotion of judges and state prosecutors. The aim of this new system is to ensure a more consistent and merit-based evaluation in line with European standards. These developments largely correspond to the recommendations of the European Commission and the Venice Commission," the non-paper states.

It is also indicated that Montenegro has not yet implemented legal reforms that would further strengthen the independence of both councils (Judicial and Prosecutorial) and that it is particularly necessary to abolish the membership of the Minister of Justice as an ex officio member of the Judicial Council.

In addition, the Law on the Special State Prosecutor's Office (SSP) still needs to be aligned with the key recommendations of the Venice Commission regarding greater accountability, clearer operational frameworks, stronger protection of personal data, and a strategy to reduce the significant backlog of cases.

"Also, a specific law on the employment rights of judges is missing, and shortcomings in the existing rules on the evaluation of judges and court presidents have not yet been addressed. Montenegro must consistently ensure swift appointments to high judicial positions, based on merit and transparency."

It is recalled that currently, there is one vacant position in the Judicial Council, while the Prosecutorial Council has three vacant positions.

"The Assembly must urgently and decisively proceed with the appointment of new members to both Councils, without delay," the EC says.

It points to unaddressed recommendations of the Venice Commission: the Law on the Special State Prosecutor's Office is not aligned with recommendations on accountability and data protection, the lack of a law on the rights of judges (especially on work and retirement), and the outdated legal framework for the evaluation of judges and court presidents.

It also reminds us of the problem of poor working conditions and spatial capacities of the Judicial and Prosecutorial Councils.

Pressures and comments from high-ranking officials on the judiciary

The European Commission warns that pressure and comments from senior officials about the work of the judiciary, in high-profile cases, are fueling distrust in the judiciary. They also point to low salaries that are causing judges and prosecutors to remain unfilled, as well as the problem of insufficient resources and investment in ICT and court infrastructure, poor organization of the court network, and the lack of financial independence of the Judicial Training Center.

When it comes to the efficiency of the judiciary, the ''clearance rate'' is below 100% (more new cases than resolved), and there is a large number of old cases, especially in the Administrative Court (average 2.534 cases per judge).

It is also recalled the lack of judges in the Constitutional Court (4 out of 7), which reduces efficiency.

The reporting period, it is added, was marked by a deep institutional and political crisis following the Parliament's decision to unilaterally state that the Constitutional Court judge had attained the retirement age on December 17, 2024.

"This decision was not in accordance with the procedure provided for by the Constitution, which actually requires a plenary decision of the Constitutional Court. This decision caused a serious crisis in Parliament. Such events have raised serious concerns regarding respect for the independence of the Constitutional Court and the separation of powers enshrined in the Constitution," the document states.

The work of the parliament, as noted, continued in mid-March, when a political agreement was reached with EU mediation, including seeking the opinion of the Venice Commission on the parliament's decision.

It is added that it is additionally concerning that the parliamentary procedure for the election of a new judge of the Constitutional Court has continued and has not been stopped until the opinion of the Venice Commission is received.

"It will remain essential that the opinion of the Venice Commission is fully implemented and that the terms of the political agreement as agreed between the government (including the parliamentary majority) and the opposition are respected," the document states.

It was assessed that the work of the Agency for the Prevention of Corruption (APC) in verifying the reports on assets and income of judges and prosecutors had improved, but there were no convictions against them based on criminal proceedings in this area.

In addition, "the disciplinary practice of the Judicial and Prosecutorial Council continues to show shortcomings, which weakens the overall vetting process, due to an inconsistent approach in sanctioning judges and prosecutors who fail to submit reports on assets and income."

The non-paper states that thanks to the improved proactive approach of the prosecutorial authorities, Montenegro continues to build a credible and sustainable practice in the effective investigation, prosecution and trial of war crimes, including high-level cases, in accordance with international law and standards.

It is recalled that during the past year, the Special State Prosecutor's Office (SSO) initiated 8 new cases, while 11 cases from previous years are still being processed.

Backsliding in meeting final benchmarks in visa policy

With the decisions taken in December and February, Montenegro has failed to meet the final benchmarks in visa policy, the EC noted.

It is recalled that in December 2024, Montenegro amended its visa-free regime by adding Bahrain and Saudi Arabia (which were previously seasonally visa-free) to the list of countries with permanent visa exemption.

In February of this year, Montenegro adopted its annual decision on seasonal visa exemption, extending the exemption period from March 1 to November 1. It also re-included Uzbekistan on the seasonal exemption list, after the country was previously removed from the list in 2024.

"In addition, a seasonal visa exemption for a maximum of 10 days is in force for certain third-country nationals who hold a residence permit in the United Arab Emirates for at least three years," the EC reminds.

In February 2025, the EU changed its visa regime regarding the country of Vanuatu, adding it to the list of countries requiring a visa. Montenegro complied with this decision in the same month, removing Vanuatu from its list of countries with a visa-free regime.

"Currently, Montenegro has only one country left — Nauru — to fully align its visa-free regime with the list of EU countries that do not require a visa," the non-paper states.

Montenegro has a visa-free regime with 13 countries on the EU list of countries requiring a visa, of which 9 countries are permanently exempt from visas (Azerbaijan, Bahrain, Belarus, China, Kuwait, Qatar, Russia, Saudi Arabia, Turkey), and four countries have seasonal visa exemption for entry into Montenegro for tourist purposes in the period from March to October (Armenia, Egypt, Kazakhstan, Uzbekistan).

"Montenegro must fully align its visa policy with that of the EU," the EC said. "With the decisions taken in December and February, Montenegro has taken a step back in meeting the final benchmarks and thereby undermined its credibility in meeting these requirements. Montenegro must concretely demonstrate its commitment to aligning with the EU list of visa-required countries."

Montenegro has committed to further aligning itself with the EU visa-required list by removing at least one country from its visa-free list each year.