Before which instances will the citizens of Zeta conduct disputes?

At the end of June, we published a story about the fact that the residents of Zeta are in constant fear of burglaries, and the police are unable to track down the burglars. However, even when they are tracked down, the question is before which instances will the people of Zećan take their disputes.

Although the Government proposed changes to the Law on Courts more than a month ago, so that the Podgorica Basic Court and the Prosecutor's Office would be competent for disputes in the youngest Montenegrin Municipality, the new convocation of the Parliament will decide on this proposal.

Although on August 22, 2022 the citizens of Zeta were fulfilled the ancient promise of an independent municipality, almost a year later they are still waiting for the realization of many rights.

While it was part of the Capital City, the Basic Court in Podgorica was responsible for Zeta. However, the Law on Courts does not recognize at all which instance is now competent for the youngest Montenegrin municipality.

Therefore, on June 14, the Government established the Proposal for Amendments to the Law on Courts.

"That's why amendments to the Law on Courts are being proposed in order to expand the local jurisdiction of the Basic Court in Podgorica to the territory of the Municipality of Zeta, which until recently was a municipality within the Capital City of Podgorica," said Assistant Minister of Justice Momir Jauković.

However, as it is a Bill, the question is who can prosecute those who commit a criminal offense on the territory of Zeta.

The head of the Basic Prosecutor's Office in Podgorica, Duško Milanović, told us that until now they acted as the local competent prosecutor's office for the territory of the Municipality of Zeta and that they will continue to do so until the law is changed, without an answer on what legal basis.

This is confirmed by the Supreme Prosecutor's Office headed by Tatjana Begović, referring to changes in the law that have yet to be adopted.

"As the Proposal for the Law on Amendments to the Law on Courts prescribes that the Basic Court in Podgorica is also competent for the Municipality of Zeta, this means that the Basic State Prosecutor's Office in Podgorica is also competent for the Municipality of Zeta, due to the fact that it is the area of ​​the Basic Court in Podgorica," said the Supreme State Prosecutor's Office.

And what happens in the meantime, until the new law is adopted, we were not answered by the Supreme Court, which, according to the Code of Criminal Procedure, when local jurisdiction cannot be determined, should determine one of the truly competent courts before which disputes will be conducted.

However, the Director General of the Directorate for Justice in the Ministry of Justice is explicit - that for disputes in Zećan, the address is the court in Podgorica.

"I will remind you that in the earlier practice of the Parliament, it happened that the Law on Courts was harmonized with amendments to the Law on Territorial Organization only after the passage of a certain period of time, which did not affect the right of access to the court of citizens of newly created municipalities. Thus, the municipalities of Petnjica and Gusinje received the status of independent municipalities with the amendments to the Law on Territorial Organization from 2013 and 2014, while the Law on Courts regarding the jurisdiction of basic courts was changed in 2017. The Municipality of Tuzi received the status of Municipality in 2017, and the amendments to the Law regarding the local jurisdiction of the Basic Court in Podgorica were adopted in 2020," explains Jauković.

And the process of forming municipalities in the Montenegrin parliament goes through like many other things, such as the alimony fund, same-sex unions... By changing the law, the promise is fulfilled, and subsequently other laws are changed so that things do not remain a dead letter.