An efficient Constitutional Court, consistent application of legal remedies and digitalization of the system are key to reducing the number of applications from Montenegro before the European Court of Human Rights (ECHR) and strengthening citizens' trust in the domestic judicial system, said the newly appointed state representative before the Court in Strasbourg, Mirko Đuković.
In an interview with the MINA agency, Đuković said that his priorities in his work will be strengthening the capacities and visibility of the Ombudsman's office, a systematic analysis of ECHR judgments in order to improve the protection of human rights and freedoms, as well as actively connecting the judiciary, institutions and the academic community for more efficient and preventive protection of the rights of Montenegrin citizens.
He took up the position of Montenegro's representative before the ECHR after 15 years of work in the academic and civil sectors, and his greatest motivation, as he said, was the desire to contribute to the protection of human rights.
"What I have witnessed in the decade I have spent outside Montenegro is the necessity of connecting academia with all stakeholders in society, and therefore I am firmly committed to working on this networking from the position of an advocate," said Đuković.
He pointed out the importance of Montenegro's preparation for the presidency of the Council of Europe starting in November this year, assessing that it can contribute to building the country's international reputation.
Đuković believes that the Office of the Representative must be visible both in the domestic system and on the international scene.
"The Office of the Ombudsman is not an isolated island that prepares Montenegro's defense before the Court in Strasbourg, but actively contributes to the system to reduce rights violations. The Office must be more visible, both in the domestic system and internationally, because it is the first face of the Government and the state in the European system of human rights protection," said Đuković.
Speaking about the challenges he encountered after taking office, Đuković said that the Office of the Representative is currently operating in modest conditions and capacities.
"Currently, only two lawyers are working at full capacity - the deputy and I, which is not enough for the complexity of the cases we handle. We are missing at least three to four lawyers to make the office sustainable. The departure of one person in such a small team directly affects the dynamics and quality of work," warned Đuković.
He stated that the Office of the Ombudsman does not prepare the state's defense before the ECHR, but rather actively participates in communication with courts, prosecutors, ministries and other institutions, proposes models for resolving complaints, and prepares friendly settlements and unilateral declarations.
Đuković particularly emphasized the importance of the Office of the Advocate when it comes to the execution of ECHR judgments.
"The verdict is not the end of the proceedings. The state has an obligation to implement individual measures towards the injured parties, but also general measures that prevent the repetition of violations. In addition, there are working groups and bodies in which we participate and contribute, which also requires time and manpower," said Đuković.
Montenegro is ranked among the countries with the highest number of petitions per capita, and Đuković sees the reason for this in the blockade of the Constitutional Court.
"Every blockade of the Constitutional Court contributes to an increase in petitions in which parties, among other things, complain about the length of the proceedings," said Đuković.
He said that there are currently six active cases before the Court in Strasbourg relating to Montenegro, two of which are joined.
"Some have already entered the phase of responding to the party's objection, while for some we still need to write the first round of arguments. There are two cases in which we have decided on an amicable settlement and one case in which the Government makes a unilateral declaration," said Đuković, noting that the Court rejects a large number of applications as inadmissible because domestic legal remedies have not been exhausted and that the Office often does not even have information about these cases.
Speaking about the execution of European Court judgments, Đuković states that Montenegro currently has seven judgments under "standard supervision" and one under "enhanced supervision" of the Committee of Ministers.
"I expect that some of those under standard supervision will be closed soon, which means that the level of enforcement is satisfactory. Through good and active communication with the courts, the prosecutor's office and other institutions, we are working on the implementation of general measures. This means that relevant actors in the system regularly provide us with information on what is being undertaken, or what has already been undertaken, and what the results of that work are in practice, which we further communicate to Strasbourg," said Đuković.
Đuković assesses respect for human rights in Montenegro as "moderate or mixed".
He said that Montenegro is like a hardworking student, who is always there, who follows and participates, but in the exam there is always something missing to be at the higher level expected of such students.
"The regulatory framework is largely aligned with European standards, and there is experience of institutional action. However, the key challenge is consistent implementation in practice, especially where systemic reforms, stable policies and measurable results are needed," said Đuković.
Responding to the question of whether institutions protect rights effectively enough, Đuković said that progress is being seen in some areas, but that the effectiveness of protection often remains limited due to the overloaded system, lengthy procedures and lack of timely response.
He singled out the safety of journalists, prison conditions, bankruptcies and workers' rights, the position of minority communities, the length of court proceedings, protection of privacy and patients' rights as particularly sensitive areas in which he sees room for improvement.
"Freedom of expression is not just a formal right, but a condition for democratic control of government. It is also important that public officials respect the role of the media, because the quality of public debate is directly linked to the protection of journalistic work," Đuković pointed out.
When it comes to prison conditions, Đuković said that this is about the issue of human dignity and the prohibition of inhuman or degrading treatment, and it is equally important that monitoring mechanisms are effective and that their recommendations produce concrete results in practice.
He said that bankruptcies and workers' compensation are areas where human rights are often perceived abstractly, but in reality have a direct social dimension, and said that workers must have real, not just theoretical, protection of claims, with predictable procedures and accountability for abuses.
When it comes to the position of minority communities and their representation in public life and decision-making, Đuković emphasized that formal guarantees are important, but that equality is measured by actual participation in institutions, education, public administration, media, and policy-making processes.
As he stated, the right to a trial within a reasonable time is one of the issues that most directly affects trust in the rule of law.
"Solutions are not just about "faster work", but about reforming case management, relieving the burden on courts, developing mediation and other alternative dispute resolution methods, as well as strengthening the capacities of court administration," Đuković pointed out.
He warned that the digital transformation of society carries the risks of mass data processing, profiling and unauthorized sharing of information, especially in public services, healthcare, the banking sector and telecommunications.
"These are complex issues that will only receive a full epilogue through court practice, so it is important that institutions improve oversight capacities, preventive standards and education, in order to prevent violations before they become systemic," said Đuković.
He also said that access to healthcare, informed consent, protection of medical confidentiality, availability of therapies, and effective complaint mechanisms must become a more visible part of public policy.
When it comes to solutions, Đuković believes that the common denominator of many problems is serious investment in digitalization and strengthening digital tools.
According to him, digital systems can reduce administrative bottlenecks, enable better case management and better monitoring of deadlines, and thus facilitate the work of court administration and especially court advisors, who bear a large part of the operational burden of the judiciary.
"In short, Montenegro has the necessary standards and institutions, but the next step is to protect citizens' rights equally and predictably in practice," said Đuković.
Speaking about judicial reform, Đuković said that the reforms so far have brought certain institutional and normative advances, but that it is too early to talk about stable, measurable and widely felt efficiency of courts and prosecutors' offices.
"In practice, there is still a gap between reform solutions "on paper" and their everyday implementation: the burden on the courts, long deadlines, uneven practice and administrative bottlenecks remain among the main factors that create the impression of a slow and unpredictable system for citizens," Đuković pointed out.
As he stated, efficiency is not measured only by the number of resolved cases, but also by the quality of reasoning, uniformity of procedures, and the ability of institutions to provide effective protection of rights within a reasonable time.
Đuković pointed out that reducing the number of applications before Strasbourg will only be possible if citizens feel that the domestic system provides effective legal remedies and timely and quality judicial protection.
"The key conditions are the introduction and consistent application of effective legal remedies, serious investment in digitalization and case management, relieving the burden on courts and strengthening the capacities of court administration and court advisors, as well as harmonizing case law. When these changes become visible in the everyday experience of citizens, a decrease in the number of applications against Montenegro in Strasbourg can be expected," said Đuković.
Đuković said that a functional Constitutional Court is a key "valve" for the protection of human rights in the domestic system.
"The fact that there is a quorum is an important step, but it is not enough if efficiency and independence in work are not ensured," emphasized Đuković.
As he stated, the large number of communicated cases in a short period of time should be viewed as an expected consequence of the earlier blockade of the court, and not as a "sudden deterioration" of the human rights situation.
Đuković said that decision-makers have a constitutional obligation to enable the Constitutional Court to make decisions in a quality, timely and pressure-free manner, with candidates of recognizable professional integrity and experience.
"Completing the composition should be treated as a matter of the rule of law and legal certainty for citizens. Every day of delay extends the duration of proceedings, increases the risk of uneven practice and weakens trust in the system, and may indirectly increase the need for citizens to seek justice in Strasbourg," Đuković pointed out.
He believes that moving from a reactive to a preventive approach is key to reducing future human rights violations.
"The first step is a serious, institutionalized analysis of previous judgments and decisions, especially those that indicate structural weaknesses: it is not just a "review of errors", but a risk map that shows where violations are repeated, which categories of cases are particularly sensitive and which practices generate the largest number of applications," said Đuković.
Such an analysis, he said, should also serve to identify potential future complaints that can be resolved in the domestic system through timely corrective measures, without the need for citizens to seek protection in Strasbourg.
According to him, it is necessary to establish clear points of communication and coordination between institutions that share responsibility for the protection of rights: courts and prosecutors' offices, police, administrative bodies, the prison system, ombudsmen, and line ministries.
"In practice, violations often occur not because there is no norm, but because information does not "travel", responsibility is scattered, and reaction is delayed. That is why standardized protocols of action, common risk indicators and regular reporting mechanisms are needed that oblige institutions to notice and address the problem before it develops into a violation of rights," said Đuković.
He pointed out the importance of developing monitoring methods and tools, including digital systems that enable case management, monitoring of deadlines and recording patterns of violations.
As Đuković stated, digitalization facilitates the work of the administration and court advisors, reduces the room for error and selectivity, and allows decisions and recommendations, including those related to the execution of judgments, to be monitored through clear indicators.
"When this is combined with staff training and a culture of responsibility, we get a system that recognizes problems earlier and in a greater number of cases offers an effective solution within the state," concluded Đuković.
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