EC: Perception of judicial independence in Montenegro remains low, frequent criticism and attacks on prosecutorial bodies

The perception of judicial independence in Montenegro remains very low among citizens, and the main reason for this is the influence or pressure from the Government and politicians.

This was assessed by the European Commission (EC) in its annual Rule of Law Report published today, which, in addition to the countries of the European Union (EU), also includes countries in the enlargement process.

The section of the report on Montenegro states that the level of perception of judicial independence in Montenegro remains very low among the general public, and is now average among businesses.

According to the report, a total of 26 percent of the general population and 52 percent of businesses perceive the level of independence of courts and judges as "fairly or very good" in 2026.

The perceived independence of the judiciary among the general public remained the same as in 2025 (26 percent), while it increased significantly among businesses compared to 2025 (35 percent).

"The main reason cited by the general public for the perceived lack of independence of courts and judges is the perception of interference or pressure from the Government and politicians," the EC stated.

Concerns about undue influence on the prosecution

It is emphasized that although the Judicial and Prosecutorial Councils have an established mechanism for reporting cases of undue influence, criticism and attacks on prosecutorial bodies and their decisions have continued, which is a cause for concern.

"Public criticism by political actors of ongoing criminal investigations and decisions by judicial and prosecutorial authorities has become more frequent in the reporting period. Such practices raise concerns about undue influence on the prosecution," the EC pointed out.

It states that according to European standards, all state bodies - executive, legislative and judicial - should apply mutual respect in order to ensure the proper functioning of constitutional institutions and protect public trust in them.

The report recalls that during parliamentary debates in October 2025, including on the annual report of the Prosecutorial Council and the State Prosecutor's Office, several MPs and the leadership of the Parliament openly criticized the prosecution, including personal attacks on the Supreme State Prosecutor Milorad Marković.

When it comes to safeguards, both the Judicial and Prosecutorial Councils have established mechanisms for reporting cases of undue influence.

"Specifically, the Prosecutorial Council has established a special committee to review complaints submitted by heads of state prosecution offices and state prosecutors through the reporting mechanism, which relate to perceived threats to their independence. So far, state prosecutors have filed five complaints. On 29 December 2025, the Prosecutorial Council issued an opinion finding that four complaints were well-founded. The Judicial Council did not receive any requests for protection in 2025," the report states.

It is recalled that the Government adopted constitutional amendments aimed at strengthening the independence of the Judicial and Prosecutorial Councils (which the Parliament should adopt in September), a temporary increase in the salaries of judges and prosecutors for 2025 and 2026 was adopted, while a special law on labor rights is being prepared.

"The regulatory framework for the promotion and enforcement of ethical and professional standards among judges and prosecutors has been further improved and its implementation continues," the report says.

Challenges with civil and commercial cases remain

The EC states that some improvements have been made in terms of efficiency, while challenges with civil and commercial cases remain. According to data from the European Commission for the Efficiency of Justice (CEPEJ) for 2024, the resolution rate for first-instance administrative cases increased to 109 percent, but fell sharply to 48 percent in second-instance cases.

The time to resolve cases in 2024 remained very high at both levels, at 879 and 907 days respectively. For criminal cases in 2024 at first instance, the resolution rate was 110 percent and the resolution time improved slightly to 249 days; at second instance, the resolution rate was 103 percent and the resolution time was 86 days, the report said.

When it comes to civil and commercial cases in 2024, the resolution rate fell and the resolution time increased. For 2025, a total of 93.430 cases were resolved, representing a resolution rate of 102,33 percent (92,32 percent in 2024), of which 14.036 cases were older than three years.

Constitutional Court continues to reduce backlog

The EC points out that in 2025, the Constitutional Court continued to reduce its backlog and maintained the trend of efficient handling of constitutional appeals, receiving 1.115 and resolving 1.462 cases.

By January 2026, the number of unresolved cases before the Constitutional Court was 1.656.

The level of corruption in the public sector remains high.

According to the report, the perception of experts, citizens, and businesspeople is that the level of corruption in the public sector remains high.

According to Transparency International's Corruption Perceptions Index for 2025, Montenegro has a score of 46/100 and ranks 65th in the world.

"This perception has been stable over the last five years. The 2026 Special Eurobarometer on Corruption shows that 81 percent of respondents believe that corruption is widespread in their country (EU average 71 percent), and 28 percent of respondents feel personally affected by corruption in their daily lives (EU average 30 percent)," the EC states.

When it comes to the economy, 76 percent of companies believe that corruption is widespread (EU average 65 percent), and 68 percent believe that corruption is a problem in business (EU average 37 percent). It is added that 25 percent of respondents believe that there are enough successful criminal prosecutions to deter people from corrupt practices (EU average 38 percent), while 36 percent of companies believe that individuals and companies caught bribing a high-ranking official are adequately punished (EU average 31 percent).

It is recalled that the implementation of the Anti-Corruption Strategy 2024-2028 and its Action Plan for 2024-2027 is underway, with a quarter of previously planned activities yet to be fully implemented.

"The effectiveness and coordination of law enforcement agencies in the area of ​​corruption have improved, and the number of final judgments and convictions in high-level corruption cases has increased."

Human resources and capacities in the fight against corruption have been increased, it added, but the Special State Prosecutor's Office needs additional resources.

"A new director of the Agency for the Prevention of Corruption (ASK) has been appointed with a full mandate, ensuring better functioning of the Agency and strengthening its independence, while its administrative capacities still need to be further improved."

Increase transparency and control of political party spending

The EC points out that the legal framework governing the financing of political parties has yet to be aligned with the OSCE/ODIHR and GRECO recommendations to increase transparency and control over political party spending. In July 2025, the Parliament adopted amendments to the Law on Financing of Political Entities and Election Campaigns and amendments to the Law on the Election of Councilors and Representatives.

"The legal framework still needs to be aligned, through a transparent and inclusive consultative process, with existing OSCE/ODIHR and GRECO recommendations, in order to substantially increase transparency and control of political party spending, as well as to prevent the misuse of state resources, including through dissuasive penalties. In particular, the Law on the Election of Councilors and Representatives has yet to be aligned with the Law on Financing of Political Entities and Election Campaigns, which further complicates the proper and efficient control of election campaign financing."

In 2025, ASK monitored election campaigns in two municipalities, however, the legal framework for ASK oversight still needs to be further clarified, the EC points out.

"The actions of other competent authorities, including the National Anti-Corruption Council, according to the findings of the State Audit Institution (DRI), remain weak."

Measures related to risky areas in public procurement have been "improved" with the introduction of e-procurement tools, while monitoring anti-corruption measures in high-risk areas is hampered by a lack of relevant data.

Concerns over influence of media owned by Serbian companies, continued controversy over appointment of RTCG director

The report says that transparency of media ownership for audiovisual media services has improved, but gaps remain with online media, with growing concerns about the influence of media owned by companies established in Serbia.

"Liberal rules on foreign ownership entry have led to three out of four national private television channels being majority-owned by foreign capital. Online monitoring and enforcement of content rules remain challenging, with stakeholders pointing to the presence of illegal content such as hate speech, as well as discriminatory and anti-legal narratives in the content of these channels."

It is added that with the new appointments, the councils of the Agency for Audiovisual Media Services and Radio Television of Montenegro have been restored to full composition, while the appointment of the Director General of RTCG continues to face legal challenges.

The EC points out that the authorities continue their efforts to implement a zero-tolerance policy towards violence against journalists, while isolated incidents of attacks continue to occur.

He recalls that Montenegro still does not have specific legislation against lawsuits directed against public participation (SLAPP - strategic lawsuit against public participation), which leaves journalists exposed to legal intimidation and pressure.

"Although the lack of a clear definition of SLAPP in the legal framework makes it difficult to identify cases, defendants characterized several lawsuits in 2025 as SLAPP," the report says.