Ref. Ares(2017)771981 - 13/02/2017
and promotion of magistrates, and for reinforcement of the merit-based career system. The
Commission suggested TAIEX study visits to Member States to learn from their experience in
this matter.
2.2. Efficiency and professionalism
In reply to a Commission question, the Montenegrin Delegation provided information on the
foreseen measures to rationalise the judicial network. Final decisions on the foreseen
reorganisation of the courts network and specialisation are foreseen for 2012. The
Commission noted that although the country counts a high number of judges, there is also a
high case-load. It expressed concern with regard to the exceeding length of court proceedings,
surpassing 3 years and stressed the need to intensify efforts to remedy this trend. The
Montenegrin Delegation informed that measures were undertaken in this direction. It was
agreed that the Montenegrin authorities will provide the Commission with more detailed
information on the duration of proceedings, the number of unresolved cases, and the number
of cases resolved at first instance and in appeal. The Commission stressed the need for
reliable and consistent data on court cases.
The Montenegrin Delegation provided an update on the implementation of ongoing projects
supporting the Judicial training centre. Equipment has been purchased and training activities
are being undertaken. The Montenegrin Delegation expressed satisfaction with the
cooperation with Member states involved in this project.
The Commission informed that a rule of law peer-review mission will take place in the week
of 6-10 June, covering
inter alia judicial efficiency.
2.3.
Accountability
In reply to a Commission question, the Montenegrin Delegation provided an update on the
establishment of a Commission for monitoring implementation of the Code of Ethics for
judges and prosecutors. An update on the number of disciplinary proceedings initiated by the
Judicial Council and the number of criminal proceedings against judges was also provided. In
2008, six disciplinary hearings were initiated, sanctions comprised fines or admonitions.
Since the existence of the Judicial Council, 10 procedures were initiated for removal of judges
for office. Three judges have been removed from office for negligence and neglect of duty,
one judge for involvement in corruption. One judge has been imprisoned.
3. Anti-corruption policy
The Montenegrin Delegation provided a brief presentation on recent developments in the area
of anti-corruption. A national working group has been set up consisting of representatives
from line ministries and two NGOs for drafting the new law on financing of political parties.
The first report on the implementation of measures contained in the Action Plan for the fight
against corruption and organised crime (2010-2012) has been adopted and translation is
currently being finalised. The software for data processing is in place, administrators will be
trained how to operate the system. In the last 15 days, two analyses of the electoral campaigns
have been submitted to the Government. In close cooperation with UNDP, DACI is
developing a risk assessment of particularly sensitive areas.
Upon question of the Commission, the Montenegrin Delegation provided an update on the
investigation of high-level corruption cases. It informed that criminal proceedings were
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initiated against 22 individuals for corruption, however none of them was imprisoned. Upon
questions of the Commission, the Montenegrin Delegation informed that there are no cases
where extended confiscation was adjudicated for corruption. Nonetheless, a small amount of
counterfeit products was seized in organised crimes cases. As regards financial investigations,
the Montenegrin Delegation informed that these are initiated upon a decision of the prosecutor
or request of the police. The Commission noted with concern that the Financial Investigation
Unit has not provided so far any report as regards established links on suspicious transactions
related to corruption. The Commission announced that the Rule of Law peer-review mission
will also look into financial investigations and at the cooperation between different law
enforcement bodies.
The Commission stressed the need for high-quality legislative amendments and solid track
record in the areas of conflict of interest, asset declarations checks and financing of political
parties. The Montenegrin Delegation informed that, following the recommendations
addressed by the European Commission and GRECO, 37 amendments concerning anti-
corruption legislation are under preparation. Clear provisions for gifts, network data, property
checks and checks on salaries, and asset declarations are foreseen. The new legislative
framework is to be prepared by the end of the second quarter of 2011. The new criminal
procedure code is currently pending enactment by the Parliament. While work is in progress
as regards the law amending the law on prevention of conflict of interest, a working group has
been set up in March 2011to prepare amendments to the law on financing of political parties,
in line with GRECO recommendations. It was agreed, that the Commission will be consulted
on both of the draft laws.
4. Co-operation in criminal and civil matters, fight against organised crime
4.1. Judicial cooperation in criminal and civil matters
Upon question of the Commission, the Montenegrin Delegation informed that draft laws on
ratification of the Convention on taking evidence abroad in civil and commercial matters (18
March 1970) and the Convention on the submitting abroad judicial and extrajudicial
documents in civil and commercial matters (15 November 15 1965) are in parliamentary
procedure.
The Montenegrin Delegation also informed that an inter-ministerial working group
comprising representatives of the Ministry of Justice and the Ministry of Labour and Social
Welfare has been established with the task to analyse the need for ratification of the
Convention on the protection of children and cooperation in the area of interstate adoption (
29 May 1993), and the Convention on jurisdiction, applicable law, recognition, enforcement
and cooperation in respect of parental responsibility and measures for the protection of
children (19 October 1996).
As regards the remaining Hague Conventions, no ratification is presently foreseen.
4.2.
Police reform, including international police cooperation
The Montenegrin representatives informed that the police development strategy 2011-2013
and its action plan were respectively adopted in December 2010 and March 2011.
Amendments to the Rulebook on internal organisation and systemisation of the national
police, foreseeing
inter alia an increase of the number of police officers dealing with
investigation of corruption and organised crime, the establishment of an internal audit office
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and an unit for undercover investigations, were also prepared in March 2011 and submitted to
the Ministry of Interior. The Montenegrin Delegation informed that the unit for international
police cooperation has been strengthened with 20 new staff members. A crime map has been
produced, which has contributed to achieve significant results over the past three months in
particular in the field of drug seizures. The Montenegrin representatives explained that major
projects for strengthening the police are foreseen by 2013, such as the introduction of a
TETRA system and three online services. However their implementation is conditioned on
funding possibilities, as presently there are no available budget funds.
Upon question of the Commission, the Montenegrin Delegation informed that the law on
internal affairs will be adopted by July 2011, while the secondary legislation by end of 2011.
It was agreed that the Montenegrin authorities will send the draft law on internal affairs end of
May/beginning of June 2011 to the Commission services so that it can be assessed in the light
of the seven key priorities set out in the Opinion prior to the publication of the 2011 Progress
Report. In reply to a Commission’s question, the Montenegrin representatives informed that
preparations are in progress as regards the conclusion of an operational agreement with
Europol.
4.3.
Fight against organised crime
The Montenegrin Delegation underlined that the new Criminal Procedure Code foresees
strengthening of the investigative capacities and the international police cooperation. Several
activities were undertaken to bring police work in line with the criminal procedure code, such
as staff increase and identification of pertinent trainings. The Austrian police and an IPA 2010
project are supporting these efforts. The Montenegrin Delegation provided information
concerning trainings in relation to the new criminal procedure code. Under an IPA twinning
project, 4 trainings are foreseen for prosecutors and penitentiary staff. As regards the judicial
training centre, 150 judges, 45 advisors and 99 civil servants have received training and a
number of seminars have been organised. A manual for implementation of the criminal
procedure code is under preparation, in close cooperation with OSCE.
As regards intelligence-led policing, several projects have been implemented, in cooperation
with other institutions. The Montenegrin delegation informed that a crime mapping
concerning organised crime is under preparation, in close cooperation with Austria.
The Commission inquired about existing cooperation mechanisms (including information
sharing arrangements) between prosecution and police. The Montenegrin representatives
refuted the existence of any difficulties under the new arrangements and emphasised that the
cooperation between the two entities has so far been successful. They explained that under the
new criminal procedure code’s provisions suspects are interviewed by prosecutors, thus
making the procedure more effective.
The Commission stressed the need for strengthening of the investigative capacities,
coordination between law enforcement bodies (including in the framework of financial
investigations), and confiscation mechanisms of proceeds of crime. It underlined the
importance of strengthening human capacities / resources and of establishing a solid track
record of investigated cases.
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5. Fundamental rights
5.1. Prison system, prevention of torture and ill-treatment
The Montenegrin delegation reported on measures undertaken to address ill-treatment in
prisons and police detention facilities. The situation has been fully assessed through a TAIEX
project concerning the legislative framework, capacities and the prison system as a whole.
Since the beginning of 2011, significant efforts have been made to strengthen the institutional
and administrative capacity of the penitentiary system. The Montenegrin delegation informed
that amendments on the law on criminal sanctions are foreseen, which will
inter alia allow to
set up a separate probation department within the Ministry of Justice.
The Commission referred to the findings of the ICPS-King’s college for Montenegro and
noted with concern the high number of pre-trial detainees- 59,7%, one of the highest scores in
Europe. It (actually prison overcrowding is a concern according to statistics and site visits
done by the TAIEX prison experts) inquired if the optional protocol to the UN convention
against torture (OPCAT) has been signed. The Montenegrin representatives informed that the
OPCAT has been ratified in 1998 and that concerning pre-trial detention, the amendments to
the criminal procedure code foresee new instruments, including that the court decides the
duration of the pre-trial. They stressed that efforts are being made to introduce alternative
sanctions such as community work, suspended sentences and educational supervision. 32% of
the alternative sentences in 2010 were plea-bargains.
The Montenegrin representatives outlined the steps undertaken to upgrade prison
infrastructures. Upon Commission request, the Montenegrin Delegation agreed to provide
more detailed information as regards the planned refurbishment of the prison facilities in
Bijelo Polje. It informed that a law on juvenile justice has been drafted and is currently in
Parliamentary procedure. The Commission inquired if the Council of Europe’s
recommendations on prison rules have been implemented in the legal system. The
Montenegrin Delegation informed that these recommendations are observed as regards minors
and that the legal framework has been fully harmonised with EU and international standards.
It was agreed to upgrade the dialogue on these issues. The Commission proposed to organise
a workshop in autumn to illustrate penitentiary standards in the member states and clarify the
scope of the Stockholm programme in this area.
The Montenegrin Delegation informed that the law on establishment of a national mechanism
for prevention of torture is currently in Parliamentary procedure. The recently adopted
amendments to the law on the Ombudsman foresee the creation of an independent
Commission within the Ombudsman office monitoring the national mechanism for prevention
of torture. The Commission will count five non-permanent employees and benefit from the
overall budget increase of 30%.
5.2. Freedom of expression and media freedom
Regarding freedom of expression and media freedom, the Montenegrin representatives
announced Government’s readiness to fully decriminalise libel and defamation. The
Commission suggested reducing the amount of the fines for defamation fines and
compensation for non-pecuniary damage, in line with the case law of the European Court for
Human Rights (ECHR). It informed that issues related to freedom of expression will be also
reviewed during the rule of law peer-review mission in June 2011. The Montenegrin
Delegation informed that trainings are foreseen for judges on the ECHR case law.
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5.3. Cooperation with civil society
Regarding the cooperation with civil society, the Commission noted that Montenegro is on the
right track and encouraged the national authorities to continue efforts in this direction.
5.4. Anti-discrimination policies, women's and children's rights
The Delegation provided a short update on anti-discrimination policies as well as women's
and children's rights. The Commission inquired about current housing arrangements for
children with disabilities in the Komanski Most institution for disabled persons. The
Montenegrin Delegation informed that as a result of a project with UNICEF, children with
disabilities are completely separated from adults. Furthermore, it is foreseen to build a special
facility for disabled children in the municipality of Bijelo Polje. Activities are underway to
draft a strategy on domestic violence, to inspect buildings that could possibly serve as shelters
for victims of domestic violence and to provide trainings to police offices and civil servants.
Concerning minority rights, a draft law has been drafted on the mechanisms for collection of
data. Awareness-raising activities have been undertaken to inform the public about existing
anti-discrimination mechanisms.
The Commission stressed that further efforts are needed in the field of: equal pay for women,
domestic violence and support to victims, training of social care workers, children's rights and
provisions for disabled children. It underlined the importance of including NGOs in the
foreseen awareness raising and training activities. The Commission informed that a
communication on the Roma inclusion was adopted on 8 April 2011. It proposed that as of
next year, anti-discrimination issues will be dealt with only in the framework of the EU-
Montenegro Sub-Committee on Justice, Freedom and Security rather than also in the EU-
Montenegro Sub-Committee on Innovation, information society, and social policy.
5.5. Displaced persons, citizenship and property rights
The Montenegrin Delegation informed that all foreseen activities are underway to resolve the
status of internal displaced persons (IDPs), in line with the recently adopted Action Plan for
IDPs residing in the Konik Camp. This Action Plan resulted in a proposal for an IPA project
worth EUR 2,5 million for building 80 houses and creating employment opportunities.
Awareness-raising activities have been deployed, including the distribution of leaflets in
Romanian and Albanian. A working group has been set up to closely cooperate with the
UNHCR to establish a reliable data on IDPs.
The Commission underlined the importance of harmonisation of all laws by 7 January 2012,
in order to ensure full access to social and economic rights. It stressed that although
citizenship is not an EU competence, it follows closely these issues.
5.6. Protection of personal data and privacy
The Montenegrin Delegation informed that the Ministry of Interior has adopted two rulebooks
on the protection of personal data and the manner personal data records should be handled.
The rulebooks are legally binding. It clarified that the Data Protection Agency is elected by
and reports to the Parliament, whereas its director is appointed following a public
competition. The budget of the agency is proposed by the Ministry of Finance.
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6. Post-Visa Liberalisation monitoring
The Commission presented the scope of the post-visa liberalisation mechanism, comprised of
two main components: continuous monitoring and prevention measures which would allow
identifying future immigration waves. The Commission will present a written report to the
Council and the European Parliament on the implementation of the visa free regime in the five
Western Balkans countries concerned in June this year.
6.1
Asylum and migration, including readmission agreements
The Montenegrin Delegation informed that since the beginning of 2011, 27 requests for
asylum were filed, out of which 7 were suspended, 2 persons were granted subsidiary
protection and 18 requests are still pending. As regards readmission, 50 requests were
submitted since the beginning of the year, which resulted in 26 positive decisions, 5 negative
and 19 still in procedure. Currently there are 10 550 foreigners in Montenegro with temporary
or permanent residence. The law on foreigners has been fully implemented as well as its
secondary legislation. As regards data protection for asylum seekers, this data is not part of
the foreigners’ registry therefore there are no data protection risks. The construction of a
centre for asylum seekers is in progress and expected to be finalised by the year-end.
The Commission inquired about the outcome of the recently conducted by the Asylum Office
assessment on the compliance of the national legislation with the EU
acquis; the profile-
notably country of origin- of asylum seekers in the country as well as if a mechanism for the
migration flows has been set up, in line with the requirements of the visa liberalisation
roadmap. The Montenegrin representatives informed that most of asylum seekers are
originating from the region, however since 2011 a new trend has been observed: a significant
number of illegal migrants from African and Asian origin transiting via Greece, Albania and
Former Yugoslav Republic of Macedonia have submitted asylum applications. A new strategy
for integrated management of migration 2011-2016 and its action plan for 2011-2012 have
been adopted in March 2011. As regards the assessment made by the national Asylum Office,
it concluded that the national legislation on asylum is in line with the EU
acquis. The
Montenegrin Delegation informed that so far there have been no cases before the State Court
of Appeals concerning asylum matters, and that asylum seekers have the right to
accommodation, education, social protection, legal aid, etc.
6.2. Border management and visa policy
The Montenegrin Delegation informed that a border management strategy has been adopted,
giving priority to mutual cooperation between all relevant stakeholders. Works on Dobrakovo
and Dracenovac border crossing points (with Serbia) started in June 2010 and are planned to
be completed by June 2011. These construction works are co-funded by the IPA 2008
programme. The Montenegrin Delegation informed that the law on ratification of the agreements
between Montenegro and Bosnia and Herzegovina on border crossings for international traffic and
border traffic are in parliamentary procedure. Discussions with Croatia have not yet been initiated
regarding signing of the agreement on border crossings.
Cross border cooperation with Kosovo is to be improved and a new agreement to be signed,
as Kosovo police will take over the task from KFOR. In the coming month an agreement on
border crossing points (BCPs) will be signed with Serbia, while joint BCPs have recently
been set up with Albania. The Montenegrin representatives informed that all 28 BCPs have
been connected to the Interpol database. The border police ensures the surveillance over 800
km and counts 1100 staff. Under IPA 2010, border equipment has been provided and new
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cameras will be installed to read license plates. The Commission stressed the importance of
completing the installation of the system for electronic surveillance “Blue Border”.
The Commission inquired about measures undertaken to inform citizens about the rights and
obligations stemming from visa-free travel, and asked for an update on the number of
biometric passports issued. The Montenegrin Delegation informed that 270.553 biometric
passports and 300.000 biometric ID cards have been issued so far. No proper awareness-
raising activities have been conducted taking into account the very low number of asylum-
seekers originating from Montenegro in the Schengen area. The Commission highly
recommended the organisation of awareness-raising campaigns, including the insertion of an
information leaflet in each newly delivered biometric passport to prevent possible asylum
migration flows.
It was agreed that the Montenegrin authorities will provide written information about: the
anti-corruption trainings organised for border police officers; bilateral agreements for
temporary exemption from visas concluded with Kazakhstan, Russia and Belarus, as well as
the estimated schedule for upgrading the visa system. It was proposed that upon initiative of
the national authorities, a videoconference can take place with representatives of the Ministry
of Foreign Affairs (not present at the sub-committee) and DG HOME to discuss visa related
issues. Concerning visa refusals, the Commission stressed the need for applicants to receive a
written explanation of the reason for refusal and to be informed about their right to appeal.
7. IPA assistance in the area of Justice, Freedom and Security
The Commission made a short presentation of IPA assistance to Montenegro in the area of
justice, freedom and security (JLS). The IPA financial envelope for national projects in the
JLS sector in the period 2007-2010 is over EUR 17 million, the main beneficiary being the
Police. The presentation was followed by exchange of views as regards the implementation of
ongoing twinning projects in the area of JLS.
The Commission reminded that as from 2011, Montenegro as candidate country, is eligible
for all five IPA components: I (transition assistance and institution building); II (cross-border
cooperation); III (regional development); IV (human resources development); and V
(agriculture and rural development). However, as the total amount of IPA funds will not be
increased, funds will be shifted from Component I to components III-V. In this light, the
Commission encouraged the Montenegrin authorities to submit project ideas for JLS actions
under component I to be funded by the IPA 2012 programme.
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