Satler: Parliament should act urgently to appoint missing members of the Prosecutorial and Judicial Councils

Montenegro faces a key challenge to demonstrate concrete results in judicial reform in the short term, maintain the current pace of reforms, and thereby confirm its readiness for membership in the European Union (EU), with progress on the European path depending solely on the achievement of results in this area.

The PR Center announced that this was stated during the introductory speeches at the annual conference "Independent and Professional Judiciary - a Key Prerequisite for EU Integration", organized by the Center for Monitoring and Research (CeMI).

The President of the CeMI Board of Directors, Zlatko Vujović, recalled that this organization has been monitoring the judicial system and reform processes in Montenegro for almost two decades, stating that through analytical reports and recommendations they strive to assist judicial institutions and the Ministry of Justice in improving the efficiency, effectiveness and integrity of the system.

"However, I must point out that the period after receiving the positive IBAR report was not used in the best way. Instead of continuing with the same pace of reforms, political tensions and institutional crises, such as the case regarding the mandate of a Constitutional Court judge at the end of last year, slowed down reforms and shifted the focus from the professional to the political arena," said Vujović.

He called on all key decision-makers to implement all activities envisaged in the Judicial Reform Strategy and meet the final benchmarks for Montenegro's membership in the European Union in Chapters 23 and 24 by the end of 2026.

"There is no time for hesitation — Montenegro has been given a chance that it must not miss," Vujović is clear.

According to him, the public talks almost daily about the need for vetting in the judiciary, "but without concrete steps."

"As an organization that has been monitoring judicial reforms for 20 years, we believe that a comprehensive vetting at this time would have incalculable negative consequences for the European integration process," Vujović assessed.

He believes that the concept of vetting is increasingly being abused and used in certain sectors of state administration as a cover for imposing party solutions, and on the other hand, as he stated, as a justification for violating procedures and illegal actions.

"Veting must not become an arbitrary instrument used to pursue the interests of any political party or current government. It must be a clearly, legally defined process based on the principles of independence, objectivity and merit," said Vujović.

He pointed out that, instead of improvised solutions, the existing Judicial and Prosecutorial Councils have sufficient legal mechanisms to conduct integrity checks on judicial office holders "immediately, without delay."

"Our analyses show that there is still no progress in rationalizing the judicial network, although today we hear new information from the Minister of Justice, the EU has been insisting for years on implementing the recommendations of the Ministry of Justice. We still have courts that formally exist, but practically do not function - as is the case with the Basic Court in Žabljak, which has not had a single judge for almost two years," said Vujović.

He believes that the state of infrastructure in courts and prosecutors' offices is still below a satisfactory level, stating that courtrooms are often too small, archive rooms are overcrowded, and spatial capacities require a systemic solution, "not partial adaptations."

Vujović pointed out that particularly worrying findings are recorded in the area of ​​detention.

“Detention in Montenegro has become the rule, not the exception — although, in accordance with international standards, it should be a measure of last resort, applied restrictively, because it infringes on one of the most valuable rights – the right to freedom,” said Vujović.

He said that the average duration of detention in our courts is around 150 days, and in more than half of the cases, detention lasts until the verdict is pronounced.

"This creates the impression that detention is becoming a punishment before a verdict, which undermines citizens' trust in the fairness of the system," warned Vujović.

According to him, even more devastating is the fact that unfounded deprivation of liberty costs citizens and the state dearly.

"According to data from the Ministry of Finance, from 2018 to 2024, Montenegro paid 2,56 million euros in compensation for unjustified deprivation of liberty. However, it should be noted that no amount of compensation for unjustified deprivation of liberty, no matter how large, can restore lost freedom, time spent behind bars, or moments lost with family and loved ones," said Vujović.

He appealed that in the future, detention be applied extremely restrictively and in accordance with international standards, only when necessary, and that the dignity of the person be taken into account during every deprivation of liberty.

"Not every person who is detained can be treated equally in terms of security measures during arrest and detention operations - there is no justification for a person who does not pose a security threat to be escorted in handcuffs through a pre-organized media column," Vujović pointed out.

Such a practice, he explained, creates the impression that the goal is to discredit individuals in advance, to cause harm to them – not only to them, but also to their families – regardless of how well-founded the suspicions or solid evidence against them are.

"It is equally important to respect the privacy of communications. What is not evidence, what does not serve to prove the existence of acts of committing a criminal offense, must not be misused by being made public. Therefore, all holders of judicial functions must demonstrate maximum responsibility in the application of their powers, in order to prevent abuses and protect citizens' trust in the impartiality of the judicial system," Vujović stated.

EU Ambassador to Montenegro, Johan Sattler, said that Montenegro must maintain the current pace of reforms and continue with concrete results in the area of ​​the rule of law if it wants to make progress in the process of accession to the European Union.

"This year we marked a significant success and agreement on the reform of electoral legislation. I would like to thank you for your efforts and joint work on this important part of the work," said Satler, adding that it is now crucial to "not put down our glass" and immediately move on to reform in the area of ​​the rule of law.

Sattler emphasized that Montenegro's progress on its European path depends solely on results in that area.

"Progress on the European path depends on the rule of law, or rather reforms in that area. That remains the main topic and the main message from our side until the job is done," Sattler emphasized.

He recalled that the ambitious goal of closing Chapters 23 and 24 by next year requires the full commitment of all institutions and a stable focus in key areas.

"The Assembly should act urgently to appoint the missing members of the Prosecutorial and Judicial Councils. These two councils bear the greatest responsibility for judicial reform and must function at full capacity," Satler said, adding that he had received assurances that these appointments would be made in the coming weeks.

He emphasized that the constitutional and legislative frameworks must be fully aligned with European standards and the recommendations of the Venice Commission.

"The functionality and organization of the judicial system must be further improved, and judicial efficiency must be improved, especially when it comes to cases of organized crime and high-level corruption," said Sattler.

He recalled that Chapters 23 and 24 will be closed only at the very end of the accession negotiations, when Montenegro shows measurable results.

Satler said that there must be no political influence on the judicial sector, and that the separation of powers must be clearly respected.

The President of the Supreme Court of Montenegro, Valentina Pavličić, emphasized that the independence of the court is not a privilege, but a guarantee for every citizen to be tried impartially, according to the law and the facts.

"The court must not be an instrument of power, but the foundation of the rule of law. It is our duty not only to dispense justice, but to live it in every procedure, decision and relationship with the citizen," emphasized Pavličić.

She emphasized that expertise, integrity and dignity transform judicial independence into public trust.

"The professionalism of a judge is not only knowledge of the law, but also the way we conduct the procedure, communicate with the parties and the public, and the relationship we have towards each case," said Pavličić, adding that accountability and transparency are natural allies of judicial independence.

Speaking about the report by the Center for Monitoring and Research (CeMI) on trial monitoring, Pavličić assessed that such documents contribute to bringing justice closer to citizens and represent an important tool for identifying weaknesses and progress in the system.

"Such reports offer a realistic insight into the state of the judiciary, pointing out weaknesses, but also confirming the positive steps taken during the previous year. However, they remind us that there are still systemic challenges that require a decisive institutional response," said Pavličić.

She particularly referred to the findings of the report, which indicate that more than a third of planned hearings do not take place, most often due to the failure of defendants and witnesses to appear due to improperly served summonses.

"This is a problem that can be attributed to the lack of promptness in the work of the courts and the untimely checking of procedural assumptions," said Pavličić, adding that this recommendation was repeated in relation to last year.

She emphasized that independence and professionalism are not the protection of judges, but of every citizen, so that "truth and law always find their home, and that home is the judicial system."

Pavličić also agreed with the report's statements about the need to encourage young lawyers to build a career in the judiciary.

"To achieve this, it is necessary for the state to provide competitive salaries, clear paths for professional advancement, quality mentoring programs, and professional development," said Pavličić.

She particularly pointed out the importance of analyzing practice when determining detention, emphasizing that it is "one of the most sensitive issues in the field of criminal justice."

"It most directly demonstrates the attitude of the judicial branch towards human rights and the principle of proportionality," said Pavličić, adding that the analysis in question points to several important tendencies and the need for decisions in this area to be made even more carefully and consistently.

She said that transparency is not a threat, but the best protection of independence, because "only those who have nothing to hide can be truly free in their work."

Minister of Justice Bojan Božović said that Montenegro faces the most important period in the next year when it comes to the European integration process, especially with regard to negotiation chapters 23 and 24.

"By September or October 2026, we are obliged to deliver results regarding chapters 23 and 24, as well as all other negotiation chapters, in order to, hopefully, successfully complete the technical level of negotiations with the European Union by the end of next year," said Božović.

Speaking about problems in the judicial system, the minister confirmed that overcrowding in the pre-trial detention center remains a significant problem.

Božović stated that the Government of Montenegro, in its latest budget revision, has earmarked more than 300.000 euros for the completion of a project being implemented with EU support, which will enable the construction of four new facilities at the UIK and thus improve the conditions of prisoners.

The minister also announced a plan to build a special remand prison in Spuž, assessing that it would be irrational to build a new prison complex in Mojkovac.

"When we complete these four facilities in Spuž, we will have a much more efficient, faster and more practical model for building new facilities within the existing institution, which has room for expansion and is located near key rule of law institutions," said Božović.

He also pointed to a recommendation from the report relating to the rationalization of the judicial network.

"The new Law on Courts already provides for a reduction in the number of courts, and in June the Government submitted a proposal for amendments to the Criminal Procedure Code, which should contribute to faster and more efficient conduct of criminal proceedings," said Božović.

Supreme State Prosecutor Milorad Marković emphasized that the CeMI report demonstrates a professional and scientific approach in assessing the situation, phenomena and practices on a large sample.

According to him, the functioning of the judiciary cannot be viewed solely through the work of institutions with special jurisdiction.

"This report provides a breadth that enables a comprehensive overview of the functioning of the judiciary through basic and higher instances, which is actually the largest segment of the system," said Marković.

He assessed that the report testifies to the openness and transparency of judicial institutions and emphasized that this segment will continue to be improved.

"The independence and professionalism of the judiciary, through standards of quality, expertise and commitment, represent the obligation and responsibility of the holders of judicial functions and institutions themselves," said Marković.

He warned that the perception of the autonomy and independence of the judiciary is built not only by the actions of judicial office holders, but also by the actions of other branches of government and public life entities.

"Just as justice is not justice if it is not visible, the autonomy and independence of the judiciary mean nothing if it is not visible - because this directly affects legal certainty and the perception of citizens," said Marković.

Speaking about the report itself, Marković pointed out that it is predominantly focused on the actions of the courts, but that it also includes certain segments of the work of the prosecutor's office.

He particularly highlighted the part relating to the efficiency of criminal proceedings, stating that state prosecutors "contribute to the smallest possible extent to the postponement of main hearings, and thus to the delay of proceedings."

However, he added that the report points to the need to improve the quality of reasoning for proposals for detention, in accordance with the practice of the European Court of Human Rights.

"This conclusion is of particular importance for the prosecution, in order to approach this issue in a strategic manner and harmonize the practice of state prosecutors' offices at all levels," Marković emphasized.

He recalled that in May last year he issued a binding instruction on urgent proceedings in detention cases, as well as an amendment to that instruction in the middle of last month, which pointed out the exceptional nature of detention as a measure of procedural coercion and the need for additional acceleration of proceedings in cases in which foreign nationals are the defendants.

Marković pointed out that the average duration of detention in cases of basic and higher prosecutors' offices is 40 days, which, as he said, "indicates efficient proceedings and confirms that the prosecutor's office does not contribute to long-term detention."

"When detention is a procedural coercive measure applied during the investigation, investigation or summary procedure phase, the efficient action of the prosecution is particularly important, because the duration of detention largely depends on it," concluded Marković.

The event was organized within the project "Support for EU integration of Montenegro - for an independent and professional judiciary as a key prerequisite!" implemented by the Center for Monitoring and Research (CeMI), in cooperation with the Center for Investigative Journalism of Montenegro (CIN-CG) and the Center for Civil Liberties (CEGAS), and funded by the European Union and co-financed by the Ministry of Public Administration of Montenegro.