Civil enforcement is a fundamental pillar of any legal order, and without an efficient and fair enforcement procedure, the judicial system would remain incomplete, said Vidak Latković, president of the Chamber of Public Enforcement.
Today, the Chamber held the Annual Conference entitled "Ten years in the service of justice - experiences and lessons". The event was an opportunity to exchange experiences, analyze the results so far, as well as discuss the future directions of the enforcement system in Montenegro and the region, the press release says. .
In addition to Latković, the opening address at the opening of the conference was given by: Minister of Justice Bojan Božović, President of the Supreme Court Valentina Pavličić, Head of the Office of the Council of Europe Lejla Dervišagić, President of the International Union of Public Enforcement Officers Mark Šmic, First Secretary of the Consulate of the Netherlands Korvin van Strijen, while the conference was attended by supreme State Prosecutor Milorad Marković, judges, representatives of chambers and associations of legal professions, financial institutions, companies...
Latković said that the rights and obligations established by court decisions would remain only "a dead letter on paper" if they were not implemented in reality.
"In this context, the role of public enforcers is of inestimable importance, because we not only ensure that justice is achieved, but also build citizens' trust in the justice system. Our work connects law with everyday life in the most direct way, enabling citizens, business entities and institutions to exercise their legally guaranteed rights".
He said that the rule of law is not just an abstract concept, but "a concrete obligation of all of us".
"At its center lies the idea that everyone, without exception, is bound by the law and that everyone is equal before the law. The establishment of an efficient system of civil enforcement is one of the key elements of the rule of law because it guarantees that binding decisions are not just mere declarations, but also that they are effective In practice, public enforcers show that the law has force and must be respected. The right to property is one of the basic human rights guaranteed by domestic legislation and international conventions the balance between the creditor's right to collect his claims and the debtor's right to dignity and the protection of basic life needs. This balance is essential in order to maintain trust in our work and to avoid any abuse."
Latković pointed out that exercising the right to a trial within a reasonable time is one of the fundamental challenges of the modern judiciary. "This right does not end with the passing of a court decision; it also includes its implementation. An efficient system of enforcement contributes to the relief of courts, shortening the duration of proceedings and ensuring that justice is achieved on time. Therefore, enforcement is according to the old Latin sentence 'finis et fructus legis'" .
He says that, despite the challenges, the enforcement procedure has become significantly more efficient, that the collection of monetary claims has increased significantly compared to the period of judicial enforcement, while the duration of the enforcement procedure has been shortened. He also said that one of the reasons, and at the same time, the goals of the reform from 2011 - to relieve the Montenegrin Basic and Commercial Courts, has been fully achieved, which could be heard more during the presentation of the analysis of ten years of work of public bailiffs.
Minister of Justice Bojan Božović, as reported, wished that the organizers of the next jubilee would welcome the event in much better conditions, with more high-quality work and cases, with the security and conviction that the state and the legal system stand behind them in full capacity.
"Precisely the fact that respecting the basic postulates of human rights is unthinkable today without public enforcers, and that talking about the right to a fair trial, the right to peaceful enjoyment of property, the right to end disputes within a reasonable time, is absolutely impossible without the modern concept of public enforcers. The Ministry of Justice has started a dialogue and negotiations regarding the improvement of the position of public enforcers and the creation of a better basis for the functioning of the enforcement system, because otherwise any further discussion and upgrading of the system may lead to failure," the statement reads.
The newly elected president of the Supreme Court, Valentina Pavličić, pointed out that, in order for the judicial branch of government, the executive and legislative branches to become a synergy, based on the postulates of the standards of the Venice Commission and the standards of the Council of Europe, it is necessary that they support each other within the limits of their competence, but also that each other they control that none of them would have too much power.
The formation of public bailiffs is a response to the execution of one of the judgments of the European Court, and she said that public bailiffs have shown that they are worthy of that challenge and competence, but that they can do "even better and even stronger".
She pointed out that on this path of improvement, the public enforcement system will have an open ally for building a better future for the Montenegrin citizen and a better rule of law, and that it is necessary not only to distribute justice, but also to make it visible. She noted that, "with the helping hand" of the Ministry of Justice, the doors of the umbrella judicial institution that she represents were also opened to the representatives of that part of the judicial system, for suggestions and proposals that contribute to the improvement and efficiency of the work of public enforcement officers.
The head of the Council of Europe in Montenegro, Lejla Dervišagić, as well as the representative of the Council of the Netherlands, who during all the previous years provided financial and other forms of support for the development of that part of the judicial system, congratulated and emphasized the importance of the public enforcement service in Montenegro. in the announcement.
The participants were awarded certificates of appreciation for their contribution to the development of the public enforcement service, after which the analysis of the ten-year work of public enforcement officers was presented, which was prepared by the independent expert Ibrahim Samilović, engaged within the BESP project, and two panel discussions were held as part of the working part on the topic of the achieved results and guidelines. future development of the system of public bailiffs.
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