The President of the Supreme Court of Montenegro (SCM), Valentina Pavličić, adopted, in accordance with the Work Plan of the Supreme Court of Montenegro for 2025 and the measures from the Judicial Reform Strategy 2024–2027, a strategic document entitled the Unified Program for Resolving Backlogged Cases for the Period 2025–2027.
As announced by the VSCG, this program represents a key systemic measure for improving the efficiency and timeliness of the work of the courts, and is being introduced as a response to a decades-old problem that has burdened the judicial system, the problem of unresolved old cases, known as "red envelopes".
"The Montenegrin judicial system has been facing an accumulation of old cases for years. At the end of 2024, according to data from the Annual Report on the Work of the Judicial Council, 74.679 cases remained unresolved in the courts, of which 6.907 are older than three years, which makes up 9,2% of the total number. In its 2024 report, the European Commission for the Efficiency of Justice (CEPEJ) classified Montenegro among the court systems that "create backlogs," explains the VHCG.
According to them, the causes of this situation are numerous.
"More than 120 judges have left the court system in the last five years, and their positions have not been filled in a timely manner, which has caused a major shortage of judicial personnel. It should also be emphasized the inadequate level of salaries with which judges have been dissatisfied for a long time, as well as insufficient and inadequate spatial capacities for holding trials. We should not lose sight of the COVID-19 pandemic, which has slowed down the work of the courts even more, and the lawyers' strike and outdated work processes have further worsened the situation. Also, weak and inadequate synchronization of state institutions makes coordination between both judicial and non-judicial institutions difficult, and the political and economic crisis have created additional barriers and slowed down court proceedings," the statement said.
The institution stated that the adoption of such a document at the national level was a necessity, given all the problems that judges face and that await them when monitoring its implementation.
"The Unified Program for Resolving Backlogged Cases is the first document of its kind, with the aim of clearly defining measures and priorities for resolving long-term court proceedings in courts in the coming period, as well as the obligations imposed by resolving this structure of cases. The program envisages detailed monitoring of all cases older than three years, organization of the work of courts in a manner that prioritizes the oldest cases, introduction of supervision and regular evaluation of the implementation of measures and rationalization of human and material resources, as well as workload management in courts," the VSCG statement reads.
They said that the implementation of the Unified Program will enable courts, at the national level, to fulfill one of their obligations - to respect trials within a reasonable time, which will contribute to shortening the time citizens have to wait for justice.
"The Program provides a plan to reduce the backlog of old cases, but also introduces preventive measures to prevent the creation of new old cases. The Program is based on the standards of the European Court of Human Rights (ECHR), which require that the reasonableness of the duration of court proceedings be assessed in the context of the complexity of the case, the conduct of the parties and the competent authorities, as well as the importance of the dispute for the parties themselves. Resolving cases within a reasonable time is not only a legal obligation, but also a duty to respect fundamental human rights, which is within the competence of national courts, and which restores public confidence in the judicial system. That is why the Program also has a broader purpose - improving access to justice for all citizens, strengthening the rule of law, as well as avoiding potential judgments of the ECHR against Montenegro, which would prevent the payment of material and non-material compensation from the budget," the statement states.
Under the mentorship of the Supreme Court of Montenegro, as the highest court in the country, all courts are invited to actively participate in the implementation of measures from the Unified Program.
"Synchronization between court presidents, judicial office holders and administrative staff is necessary to ensure even and sustainable progress in reducing the number of backlogged cases. The Supreme Court, as the bearer of this process, will supervise and provide support to all courts in the implementation of the measures from the program, in order to demonstrate determination and perseverance in an effective approach to justice," the statement added.
The VSCG explained that the results of the program will be monitored through periodic reports from court presidents, with the possibility of adjusting methods in accordance with the analysis of the achieved results.
"By adopting the Unified Program for Resolving Backlogged Cases, the Supreme Court of Montenegro is taking a decisive step towards a more efficient, fairer and more transparent judicial system, which is a basic prerequisite for restoring citizens' trust in the judiciary and a key segment of European integration," the statement concludes.
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