The dialogue between the Constitutional and Supreme Courts on European human rights standards is a permanent institutional obligation, because without uniform case law there is no legal certainty for citizens, nor fulfillment of the final benchmarks in Chapter 23, it was stated at the first Forum of the Constitutional and Supreme Courts in Podgorica.
The forum, organized by the AIRE Center with the support of the British Embassy in Podgorica, brought together judges of the Constitutional and Supreme Courts.
The AIRE Center said that today's event represents the establishment of a permanent forum for institutional dialogue between the Supreme and Constitutional Courts, as a structured and sustainable mechanism of cooperation, with the aim of exchanging experiences and improving and harmonizing case law with the standards of the European Court of Human Rights (ECHR) and the European Union (EU).
Supreme Court President Valentina Pavličić said that the dialogue between the Supreme and Constitutional Courts is not a matter of formal cooperation, but rather a shared responsibility to ensure effective and coherent protection of rights at the national level through harmonized standards.
"Our relationship is based on constitutional complementarity, in which different jurisdictions have the same goal - legal security for citizens and preserving the coherence of the legal order," said Pavličić.
The statement states that the discussion focused on specific challenges in judicial practice, including standards for reasoning in judgments, the relationship between the regular and constitutional judiciary in protecting human rights, as well as the need to reduce the risk of lengthy proceedings and repeated trials.
The President of the Constitutional Court, Snežana Armenko, said that the court creates a complete legal environment through normative control, as a basic jurisdiction, as well as through deciding on constitutional appeals, as a dominant jurisdiction, applying the standards of the ECHR and the Court of Justice of the EU.
"That is precisely why the Constitutional Court enjoys the greatest possible level of attention, because in the eyes of the public and internationally, it will be held accountable if it has not recognized a violation or indicated to the courts at the national level how to recognize a violation of a right," said Armenko.
Biljana Braithwaite, Director of the Western Balkans Program at the AIRE Center, said that the goal of the Forum is to provide a concrete contribution to fulfilling the obligations under Chapter 23 through expert dialogue and exchange of practices.
She pointed out that, following the positive Interim Benchmark Implementation Report (IBAR) from 2024, Montenegro has entered the phase of proving that the adopted standards are consistently applied in practice.
"The final benchmarks require measurable progress in the efficiency of courts, uniformity of case law and the application of European standards, which is why the establishment of a permanent Forum of the Constitutional and Supreme Courts of Montenegro represents an institutional mechanism for strengthening coherence in the protection of rights," said Braithwaite.
British Ambassador to Podgorica Dawn McCann said that the United Kingdom will remain a partner of Montenegro in the final phase of its EU accession.
She stated that Montenegro is currently not being judged only by the reforms it has adopted, but also by the ability of its institutions to consistently and convincingly implement European standards.
"Chapter 23 is more than a set of technical measures. It is a test of institutional stability, judicial independence and the coherence of case law," McCann pointed out.
She said that, in times of global instability, all citizens, investors, and international partners are looking for predictability and reliability from institutions.
"It is precisely this predictability that we gain from consistent application of the law and harmonised case law. That is why the United Kingdom is pleased to support Montenegro in reforms that strengthen institutional resilience, judicial independence and compliance with European standards," said McCann.
The statement states that the focus of the first Forum was on the right to a fair trial (Article 6 of the European Convention on Human Rights) and the right to property (Article 1 of Protocol No. 1), as these are among the most frequently discussed rights in the practice of the ECHR, but also areas in which citizens most directly feel the consequences of potential violations.
Vice President of the ECHR, Ivana Jelić, said that the standard of reasoned court decisions and the principle of proportionality in the protection of property are essential elements of the rule of law.
"When national courts develop practice in accordance with convention standards, the protection of rights is achieved primarily at the domestic level, and the need for international intervention is reduced. This is precisely why the dialogue between the Constitutional and Supreme Courts is an important mechanism for achieving consistency in the application of European standards," said Jelić.
The AIRE Center said that the Forum also presented an analysis of the most significant ECHR case law in relation to these rights, with particular emphasis on the standard of reasoned court decisions, the proportionality test, and the concept of legitimate expectations in property disputes.
The analysis was prepared by a judge of the Supreme Court of North Macedonia and former judge of the ECHR, Mirjana Lazarova Trajkovska.
Trajkovska pointed out that the right to a fair trial is not satisfied by simply passing a verdict and that the court must show that it has considered the parties' substantive arguments and explain the reasons on which the decision was based.
"In property disputes, especially in transitional societies, proportionality is a central issue. In other words, the state can regulate property relations in the public interest, but the individual must not bear a disproportionate burden," Trajkovska said.
As she stated, this is why the justification of proportionality between the public interest and the protection of individual rights is crucial for legal certainty and trust in the legal order.
It was announced that the Constitutional and Supreme Court Forum will be held regularly, as a permanent platform for the exchange of practices and strengthening the implementation of European standards in Montenegro, which, as assessed, is a prerequisite for closing Chapter 23 and achieving the goal of Montenegro completing technical negotiations by the end of 2026.
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