Ref. Ares(2017)771981 - 13/02/2017
a round table concerning the forthcoming amendments to the Code on 14 December 2012.
They emphasized that special focus would be on the question if all the institutes of the CPC
were applied appropriately. Since the application of the Law on Misdemeanours started on 1
September 2011, the Montenegrin representatives could not give precise statistics because of
the change of competences in conducting misdemeanour procedures, but they also pointed out
that good results had been marked in that area. As regards the Law on Security and
Enforcement of Claims, a Montenegrin representative said that the procedure of employment
of public bailiffs is fully defined by the Law and secondary legislation, and that on 6 and 7
December 2012 there would be a training for the candidates for public bailiffs with experts from
the region and the EU, as well as that the nomination of bailiffs would start during the first
quarter of 2013.
They also provided detailed information on the work of the Centre for Mediation, the
implementation of the Law on Treatment of Minors in the Criminal Procedure and trainings
carried out in that area for judges, prosecutors and the police, as well as on the formation of the
special organisational unit for minors within the Institution for Enforcement of Criminal
Sanctions. As regards the implementation of the Law on Notaries, they presented the results of
supervision by the Ministry of Justice, pointing out that upon reports controls were carried out
in five notary offices based on which two disciplinary procedures were initiated. They stated
that complete analysis of the rationalisation of the court network would be completed by the
end of the year and that all statistical data were collected, that the analysis showed that there
had been reduction of the number of criminal cases and of the duration of investigations, but
that there had also been a significant increase in the number of civil cases.
The EC representatives pointed out that it was necessary to finalise the process of amendment
of the Constitution, especially in the part of eliminating political influence on the choice of
judges, as well as that this issue should be one of the priorities of the new Parliament of
Montenegro. In that context, they also pointed out that there should have been an exclusive
solution that the Judicial Council brought the decision on all issues related to judges and
prosecutors (allocation or other issues important for the work of judges). They specially
emphasised the importance of publishing court decisions, pointing out that in this phase of the
integration process there should be a quality in keeping statistics on court cases. They also
emphasised the importance of functioning of free legal aid and the necessity of the existence of
planned funds for the financing in this area.
EC representatives asked questions regarding the new system of employment of prosecutors,
change of working place of judges and their transfer from one court to another, the manner of
assignment of cases, as well as the implementation of the code of ethics and revision which was
planned in that area.
Representatives of Montenegrin institutions explained in detail the manner of functioning and
possibilities of working with PRIS, they pointed out that the lack of resources in the area of free
legal aid had been recognized and that the Judicial Council planed resources for the following
year based on the number of cases in present year and that the work in that area was
2
continuously getting improved. They mentioned with special emphasis that no request for free
legal aid had been rejected on the grounds of the lack of resources.
Representatives of the EC said that they would send the form used for the Republic of Croatia in
the part of free legal aid for the purpose of improvement of work regarding concrete issues in
this area, while the representatives of the Montenegrin delegation would submit in written
form the PRIS data related to average duration of civil procedures.
3.
Judicial cooperation in criminal and civil matters
It was stated that the preparation of the Draft Law on Mutual Legal Assistance had been
finalized following the bilateral screening, in cooperation with all relevant entities and that after
the public debate and EC opinion the Draft would be issued by the Government as the Proposal
and adopted by mid-2013. Montenegro presented the bilateral agreements signed thus far, as
well as the plans for the following period, current statistics of active and passive extradition,
requests for the transfer of convicted persons, which is a proof of good application of the signed
bilateral agreements.
As regards the judicial cooperation in civil matters, it was mentioned that the cooperation was
carried out based on a multilateral agreement – the Hague Convention on Civil Procedure- and
that Montenegro had ratified two conventions which in a certain part replace certain provisions
of the Hague Convention. After the restoration of independence, Montenegro also signed
bilateral agreements on mutual legal assistance in civil matters with countries of the region.
Montenegro is a member of the regional initiative related to the Lugano Convention which
represents a good preparation for Montenegro’s accession to that convention. Montenegro
presented the statistics in this area as well.
The EC representatives welcomed the signing of bilateral agreements, especially between the
countries of the region, and congratulated on the accession to important international
agreements in this area. They asked for a written document with the list of all regional
agreements and treaties signed by Montenegro, for the purpose of easier monitoring of
progress made in this area. Special question was asked regarding the participation in trainings
on judicial cooperation and cooperation with the EUROJUST, to which the Montenegrin
representatives answered that there was still no systemically dedicated training programme for
this area, but that it would be considered as a possibility for further work in cooperation with
the Judicial Training Centre, that the cooperation with the EUROJUST was functioning in an
appropriate manner, that positive answer was expected from EUROJUST, and that Montenegro
fulfilled conditions and that it was ready to sign the agreement in order to intensify the
cooperation. Furthermore it was emphasized that Montenegro had already appointed the
contact point for the cooperation with that organization. Special mention was given to the
activities relate to two new ratified conventions: Convention on Delivery of Court
Documentation in Civil and Commercial Matters and the Convention on Taking Evidence Abroad
in Civil and Commercial Matters.
4.
Fundamental rights
3
The Montenegrin representatives informed on the past activities in the area of anti-
discrimination, pointing out that the Government had launched a public campaign for the
purpose of familiarising with and explaining the Law on Protection from Discrimination, as well
as that there was a prepared training plan for judges and prosecutors, state and local servants,
but also for the NGOs and independent institutions such as the Ombudsman. They also
explained the functioning of the Council for Antidiscrimination chaired by the Prime Minister,
which consists of five ministers and five NGO representatives. They mentioned that activities
regarding the reform of child protection system were carried out and pointed out that the
Proposal for the Law on Social and Child Protection had been adopted in July; that the Draft Plan
of transformation of the Children Home “Mladost” in Bijela is completed and the Proposal for
the Law on Ratification of the Council of Europe Convention on preventing and combating
violence against women and domestic violence had been adopted. They provided information
on the implementation of the Strategy for protection from domestic violence and the project
realised in cooperation with the UNDP through financial support from IPA funds, as well as on
the activities and projects being realised in the area of gender equality. They presented the
programmes of support for the minority communities and regional cooperation in that area,
with special emphasis on the activities being realised for inclusion of Roma population into the
Montenegrin society and formal educational programmes in Montenegro.
Representatives of the EC wanted to know if there were data on domestic violence, the manner
of collection of those data, as well as if there was cooperation with the police regarding that
issue. EC encouraged Montenegro to continue strengthening of the Council for the Rights of the
Child, whereas regarding the rights of sexual minorities they expressed expectations that the
new Government would also be dedicated to their promotion and protection and that the
Prosecution Office and judiciary would also need to systematically carry out all activities for
bringing indictments and verdicts for the related criminal offences. As regards the work at the
Konik Camp, the EC noticed very positive efforts that Montenegro made in the process of
recovery from the fire.
Representatives of the EC pointed out that there was enough space for the improvement of the
content of the Law on Protection from Discrimination regarding the treatment of the private
sector (definition of discrimination) for which the EC was ready to provide assistance especially
in the part of alignment with the relevant Directive, to which a representative of the
Montenegrin Delegation answered that they are already working on the analysis of alignment of
the Law with the acquis.
Montenegro committed to submit a written proposal with correct data on the drop-out rate of
Roma children included into the education system.
Montenegro provided an overview of the realised activities in the area of media policy which
Montenegro carried out for the promotion and protection of the independence of media.
Montenegrin representatives also presented activities undertaken regarding the trainings on
media freedoms and transfer of the EU knowledge to Montenegro, and on conducting court
procedures on cases of attacks on journalists, as well as the activities carried out regarding the
4
Representatives of the EU Commission wanted to know whether all conditions for permitting a
smooth work (especially regarding overtime work) were provided for the Department for Fight
against Drugs and how many working posts are vacant within this department.
It was stated that job descriptions were provided for 57 posts, out of which 49 are occupied.
The Montenegrin delegation stated that it is expected that remaining posts will be occupied in
the forthcoming period. It was indicated that employees of the Department for Fight against
Drugs have benefit in the form of 30% of extra wage remuneration (bonus), as well as reduced
service years for retirement, which is more when compared with certain categories of
employees in the Ministry of Interior. Furthermore, there is a possibility of additional reward
for every employee after successfully implemented action.
EU representatives pointed out that payment for overtime work of employees must be fulfilled
as a condition for motivation and maintenance of high work performance.
6.
Anti - corruption policy
Data of the Prosecutor’s Office from the segment of corruption were presented, and it was
indicated that the average duration of investigation of this acts is 65 days, on which the EC was
regularly reported. It was emphasised that the Prosecutor’s Office conducts financial
investigations on these acts and that so far decision on seizure of assets wasn’t adopted. For
ongoing procedures there is a possibility of adoption of decision on extended seizure of assets.
Furthermore, it was stated that three financial investigations were conducted regarding money
laundering, which is no longer corruptive criminal offence, and these investigations resulted in
seizure of assets in the amount of more than EUR 40 million.
Representatives of the European Commission encouraged Montenegrin authorities to continue
fight against corruption. They expressed their expectations that seizure of assets will occur as a
result of current procedures in cases of corruption, that the Public Property Administration will
adopt the plan for strengthening administrative capacities, and that more funds will be
allocated for work of the Administration. They requested submission in English of two recently
adopted bylaws from the segment of temporary and permanent seizure of assets.
It was stated that translated versions of both bylaws will be submitted, and that the need for
strengthening administrative capacities of the Public Property Administration will be recognised
in the forthcoming period, especially considering new competences according to recently
adopted bylaws.
It was informed on amendments to the Rules of Procedure of the Parliament, which provides for
the establishment of special Committee for Monitoring of Fight against Corruption, on legal acts
which were adopted with the view to strengthening fight against corruption, as well as activities
in the segment of strengthening of system of employees and protection of employees reporting
corruption. Activities which are carried out under anti – corruption policy at the strategic level
and under projects financed from IPA funds were presented as well.
6
internally displaced persons and migrations, emphasising that the greatest number of persons
had not used their legal right to apply for the status of a foreigner with permanent residence
although the deadline was extended few times (only 52-53% of the total number submitted
their applications). Smaller percentage was not able to obtain documents from their countries
of origin, whereas allegedly the majority of persons are either not interested in resolving their
status or they abuse such situation and exercise their rights simultaneously in their countries of
origin and in Montenegro. Montenegro pointed out the need for ensuring those rights to all
interested persons, whereas those who are not interested should bear consequences according
to the law (those DP/IDPs who are not interested to resolve their status would be considered as
foreigners residing illegally). As regards readmission, it was stated that the Agreement on
Readmission with the European Community and Its Member States and its implementing
Protocol have been implemented according to the planned dynamics, just like in other
countries.
EC representatives were interested whether there are mechanisms with partner and
neighbouring countries (countries of origin) for obtaining data as well as in reasons for possible
abuse of such status by displaced and internally displaced persons. EC was also concerned by
the increased number of asylum seekers and encouraged Montenegro to put the Centre for
Asylum Seekers and the Reception Centre for Foreigners into operation.
It was stated that the issue of abuse of status has been discussed under some regional initiatives
and concrete solution should be proposed soon, particularly in terms of resolving property
issues. As stated, legislation in this area has been aligned with the EU
acquis to the greatest
extent. The Centre for Asylum Seekers will become operational soon, In the meantime, the issue
of accommodation is resolved only temporarily and additional capacities are obtained by
renting private premises, due to the increased number of asylum seekers. Apart from the Centre
for Asylum Seekers, the Reception Centre for Foreigners will also become operational soon and
for that purpose a set of trainings has been organised with a view to managing the Reception
Centre in a quality manner and acting in the area of irregular migrations. Implementing
legislation, which will create high-quality legal basis for functioning of the Reception Centre, are
under drafting procedure.
EC representatives asked for information on accommodation capacities in other parts of
Montenegro, having in mind the distance between border crossing points and their location.
Montenegrin representative reported that the Reception Centre for Foreigners has been
designed and will be located in accordance with the regional approach to the problem and well-
known routes of irregular migrants, as well as that construction of another similar building will
be needed in the future, this time focusing the attention to juveniles/vulnerable groups.
For the purpose of getting full insight, EC representatives asked for detailed information on
irregular migration.
11.
Border management and visa policy, including post-visa liberalisation monitoring
11
EC representatives asked for information on the state of play in drafting the action plan and
reconstruction of border crossing points.
It was stated that draft Strategy for Integrated Border Management 2013-2016, with draft 2013
Action Plan, was prepared in accordance with the Government’s 2012 Work Programme. In addition
to these documents, report on implementation of the former strategy in the period 2006-2012 was
prepared as well. Inter-ministerial commission was involved in the process of preparing the
mentioned documents. Information was also provided on activities taken as regards reconstruction
of two border crossing points with Serbia – Dobrakovo and Dračenovac, and on plans for further
work based on the current state. Functioning of the joint border crossing point Sukobin – Murićani
was emphasised as an example of good practice and model for operation of other border crossing
points.
Updated information on the border police activities on 28 border crossing points were presented
and information provided on implementing legislation adopted in May 2012, which strengthened
legislative framework in the area of border policy.
Since EC representatives were interested in the blue border supervision, results achieved in that
area were presented, with particular emphasis put on next five development stages concerning
improvement of IT system and video surveillance, including both stationary and mobile systems for
blue border supervision.
As regards post-visa liberalisation process, EC representatives recalled the importance of
implementation of recommendations defined in the declaration that was adopted at the EU –
Western Balkans Summit held in Tirana. They were also interested in the issue of Roma integration
in the context of the false asylum seekers fleeding to EU countries.
Montenegro devotes particular attention to Roma integration and conducting quality asylum policy
regarding both asylum seekers in Montenegro and false asylum seekers from Montenegro in the EU
member states. According to the general assessment from the Summit in Tirana, Montenegro was
not perceived as a problem but it was considered in the wider Western Balkan context. It was
emphasised that Montenegro will take all necessary steps to prevent this problem and report to the
EC once a month thereon, in accordance with the conclusions of the operational meeting held in
Brussels on 12 November 2012 as a follow-up to the Summit in Tirana. Moreover, statistics were
presented on the number of persons that have crossed the state border of Montenegro in 2012.
12.
Fight against terrorism
Activities of Montenegro in the fight against terrorism were presented in the context of
legislative, institutional and administrative framework as well as trainings organised in this area.
Particular emphasis was put on cooperation developed with UNODC and OSCE experts who will
assist in drafting policy papers, particularly as regards approximation of the Montenegrin legal
system to the EU
acquis.
12
EC representatives were interested whether Montenegro has developed cooperation with the
countries in the region in this area and what was the information on the level of radicalism threat in
Montenegro. Representative of the Montenegrin delegation informed that cooperation has been
maintained on daily basis through the NCB Interpol as well as that there is one person exclusively
dealing with terrorism issues. It was informed that, two years ago, Montenegro had joined the
Memorandum on Cooperation signed by the South Eastern European countries and a number of the
Central European countries (Austria, Czech Republic and Slovak Republic) concerning timely
provision of information on persons moving across the territories of the signatory countries who
could be mutually connected. Level of radicalism threat is very low due to small territory and small
localities in Montenegro that do not represent a safe basis for organising and acting.
13.
Any other business, concluding remarks
In concluding remarks, an overview of the two-day Sub-committee meeting was made, and the
Montenegrin delegation emphasised that assessments, recommendations and statements made by
the EC will be taken into consideration when developing further plans in the next period.
EC concluded that there has been some progress made in implementation of assumed obligations
compared to the second Sub-committee meeting, but that there are some activities still under
implementation, such as adoption of amendments to the Constitution.
It was jointly concluded that obligations assumed in this meeting, regarding submission of
written contributions, should be met in a timely manner, whereas implementation of already
defined obligations should be continued according to the proposed dynamics.
For the Government of Montenegro
For the European Commission
_____________________________
_______________________________
13