Among the verdicts handed down by the European Court of Human Rights against Montenegro so far, the most are those due to the violation of the right to a fair trial - 35.
In second place is the violation of the right to an effective legal remedy, which is also part of the work of the courts.
This is shown by the table that "VIjesti" had access to.
From April 28, 2009 to March 19, 2019, the European Court issued a total of 51 judgments against Montenegro. Only two concern freedom of expression.
At the session, the Government of Montenegro adopted the Report on the work of the Office of the Representative of Montenegro before the European Court of Human Rights in Strasbourg for 2018. It states that a total of 2018 petitions against Montenegro were submitted in 318, which is 130 percent more than in 2017
"During 2018, there were a total of 398 petitions filed against Montenegro before the European Court, 80 of which were from previous years," according to the document signed by the representative of Montenegro before the European Court of Human Rights, Valentina Pavličić.
The report states that several factors are responsible for the significant increase in the number of petitions in 2018.
"Such a high number of submitted petitions is largely a consequence of the fact that after the declaration of a constitutional appeal as an effective legal remedy by the European Court (March 20, 2015), in previous years citizens were obliged to use this legal remedy before addressing that court" , the document says.
In 2017, the Constitutional Court of Montenegro made a large number of decisions on constitutional appeals from the previous period, so the applicants of those constitutional appeals, "who were clearly dissatisfied with the decisions made by the Constitutional Court, turned to the European Court".
"This is certainly not an indication that those applicants are justifiably dissatisfied with certain decisions of national courts. On the contrary, the statistical data, which are listed, show that almost 90 percent of petitions are rejected in the initial examination phase," the report states.
The report states that despite the fact that much has been done in the domestic legal system to respect the right to a trial within a reasonable time, the European Court continues to receive a large number of complaints related to the excessive length of court proceedings.
"This forces the conclusion that the domestic judicial system as a whole did not respond to the needs of a reasonable deadline for the trial, in which part we should continue to work on raising the standards of protection of this article of the Convention for the Protection of Human Rights and Fundamental Freedoms, at the domestic level, in what way would we prevent future violations before the European Court," the document says.
Last year, 114.304 euros were due for settlement
Montenegro paid a total of 114.304 euros from the budget for the execution of the judgments in which the violation was determined and the decision of the European Court, made according to friendly settlements in which fair compensation was awarded and which was due in the reporting year.
99.832 euros were paid based on judgments, 4.000 based on friendly settlements, and 10.472 euros based on unilateral declarations.
According to the document, Montenegro is "a leader in relation to countries in the region when it comes to the execution of judgments of the European Court".
"Of the first decisions and judgments made in relation to Montenegro, more than 90 percent have been carried out, and according to this, our country is on a par with countries with developed democracy and a long tradition of respecting human rights.
Pavličić: Introduce the direct responsibility of the elders due to the excessively long duration of the proceedings
In the report, it is again indicated that the state authorities, which by their actions or omissions or the unreasonable length of conducting certain procedures led to the violation of the Convention and the obligation to pay fair satisfaction to the applicants, do not suffer any financial consequences, but the state bears those costs.
The consequence of this, as stated, is that such bodies and institutions often relativize the degree of individual responsibility for the costs incurred for the state budget.
"Insufficient awareness of managers and officials of those state bodies can lead to the continuation of the same practice that resulted in the violation of convention rights, and which directly causes damage to the budget of Montenegro and the strategic political goals of our country, which is membership in the European Union," he states. in the report.
Pavličić states that such practice continued despite the fact that the Government adopted it
Conclusion on considering the possibility of introducing a model of financial responsibility of state bodies whose work resulted in the determination of a violation. The introduction of this model of financial responsibility would, it is stated, undoubtedly lead to a reduction not only in the length of certain procedures, but also in a better resolution of certain requests at the national level, which would ultimately contribute to the overall prevention of future violations of the convention rights of citizens of Montenegro.
"Given the tendency to increase the amounts awarded as fair compensation based on judgments and decisions of the European Court, I still believe that it would be useful to consider this possibility and create a model of direct financial responsibility for violations of the Convention by domestic state authorities," Pavličić states in the report. .
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