The cooperation between the Supreme Court and the Bar Association is based on mutual respect for their roles established by the Constitution and law, with a shared commitment to the rule of law, the protection of human rights, legal certainty, and the improvement of the quality and efficiency of the judiciary.
This was announced at a meeting of representatives of the Supreme Court and the Bar Association.
The Supreme Court announced that the President of the court, Valentina Pavličić, and the President of the Board of Directors of the Bar Association, Danilo Mićović, discussed issues of immediate importance for the functioning of the judicial system, with particular emphasis on the handling of detention cases, the application of alternative measures, and the efficiency of civil proceedings.
"In exchanging views on the application of measures to ensure the presence of the defendant and the smooth conduct of criminal proceedings, the interlocutors assessed that within the framework of further institutional cooperation, the scope and efficiency of the application of supervision measures in criminal proceedings should be reviewed, especially in the context of relevant international standards and recommendations of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment," the statement said.
It was emphasized at the meeting that the decision to order detention or apply an alternative measure in each specific case is made exclusively by the competent judge, or the trial panel, in accordance with the Constitution and the law.
"When it comes to civil proceedings, representatives of the two institutions agreed that it is necessary to further analyze the results of the previous implementation of the pilot project "Judicial Reform Program for the Western Balkans" in the Basic Court in Podgorica, as well as potentially in other courts," the statement said.
The goal, it is added, is to assess the effects of the project on the efficiency of civil proceedings and the justification for its continued duration, based on objective indicators.
It is stated that it has been agreed that representatives of the Board of Directors of the Bar Association will submit an expert review of the implementation of the project to the Supreme Court, after which the President of the Supreme Court will request a detailed statement from the Project Team.
It is emphasized that the meeting also discussed the issue of consistent application of the law and the Guidelines for the imposition of criminal sanctions in cases of serious and organized crime, with representatives of the Supreme Court and the Bar Association presenting different legal arguments, without considering individual cases.
Pavličić pointed out that the Guidelines have an advisory character and are aimed at improving a fair, proportionate and uniform sentencing policy, with full independence and autonomy of judges in decision-making in accordance with the Constitution, laws and international obligations of Montenegro.
"Mićović and the members of the Steering Board maintained their legal position that the Guidelines are contrary to the Constitution and the law, that is, that they encroach on the legally regulated rules on the determination, mitigation and individualization of punishment," the Supreme Court stated, adding that their representatives did not accept such a legal interpretation.
Differing legal positions on this and other issues, as assessed at the meeting, represent a legitimate part of an open institutional dialogue and do not call into question the independence of judicial decision-making, nor the independence and autonomy of the legal profession.
"The participants of the meeting agree that the cooperation between the Supreme Court and the Bar Association is based on mutual respect for their roles established by the Constitution and law, with a shared commitment to the rule of law, the protection of human rights, legal certainty and the improvement of the quality and efficiency of the judiciary," the statement said.
The meeting highlighted the importance of professional, transparent and reasoned dialogue on issues that require additional attention in practice, as an important contribution to improving the functioning of the judicial system, with full respect for institutional competencies, the independence of judicial decision-making, and the independence and autonomy of the legal profession.
Pavličić called on the President of the Bar Association and lawyers in Montenegro to constructively contribute, through their professional activities, to the smooth conduct of criminal proceedings in complex cases pending before the High Court in Podgorica.
The meeting, which was held at the initiative of the President of the Board of Directors of the Bar Association of Montenegro, Danilo Mićović, was attended by Supreme Court Judge Ana Vuković, Supreme Court Secretary Ksenija Jovićević Korać, members of the Board of Directors of the Bar Association Vanja Mugoša and Andrej Raspopović, as well as attorneys Bojana Franović and Ksenija Franović.
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