Part 8 of 14
Judicial System of Montenegro
Structure, 2024–2027 reforms and current challenges
Montenegro's judicial system is a four-tier court hierarchy managed by independent bodies — the Judicial and Prosecutorial Councils. In 2024, the country adopted the Justice Reform Strategy 2024–2027, aimed at reducing case processing times, digitalisation and strengthening judicial independence. Despite notable progress and the European Commission's recognition of fulfilment of interim requirements on Chapters 23 and 24 of EU accession negotiations, challenges remain: political influence, staff shortages and a growing backlog.
Historical Context and Regulatory Framework
Montenegro's legal system has its roots in the SFRY era; following the declaration of independence (2006), the 2007 Constitution (with 2013 amendments) was adopted, establishing the three-branch model of power and an independent judicial system.
Key laws substantially revised in June 2024 to meet EU standards: the Law on Courts, the Law on the Judicial Council and Judges, and the Law on the State Prosecutor's Office.
Four-Tier Court Structure
The highest instance ensuring uniformity of judicial practice; hears cassations and extraordinary legal remedies. The President is elected by the Judicial Council by a 2/3 majority on the proposal of the General Session of the court.
Appeals against lower court decisions, review of facts and law.
Courts of first instance for serious criminal and major civil cases. Civil, criminal and commercial disputes of high complexity.
Basic courts (Osnovni) — first-instance cases. Specialised: Administrative Court, Commercial Court, Misdemeanour Court. Significant volume of real estate, contract and migration disputes.
Justice System Governance Bodies
Composition: President of the Supreme Court + 4 judges (elected by the judges' college) + 4 eminent lawyers (elected by parliament) + Minister of Justice (no voting rights on personnel matters). Powers: appointments, promotion, discipline of judges, budget proposals. The 2024 reform restricted the minister's role to exclude executive branch influence.
Analogous functions in relation to the prosecution service. In 2024, amendments were adopted strengthening transparency in prosecutor appointment competitions.
Justice Reform Strategy 2024–2027
| Goal | Key Measures | Deadline |
|---|---|---|
| Independence | Constitutional and legislative amendments, limiting the Ministry of Justice's role in the Judicial Council | 2024–2025 |
| Backlog reduction | "0 old cases > 3 years" plan, recruitment of 50 new judges, redistribution of workload | 2025–2026 |
| Digitalisation (PRIS 2.0) | Full transition to electronic case assignment and e-files | 2026 |
| Access to justice | Expansion of mediation, free legal aid, infrastructure for persons with disabilities | 2024–2027 |
The document was officially published on 17 May 2024.
Current Challenges (as of 2025)
Perception of corruption and political pressure remains a high-profile problem, as noted by the UN and the International Commission of Jurists (ICJ).
Practical Implications for Investors, Companies and Residents
- →When approaching the Administrative or Commercial Court, budget an additional 12–18 months to a final ruling.
- →Before filing a claim, consider arbitration (for businesses) or mediation: since 2024, court fees are refunded upon successful mediation.
- →The post-judgment enforcement stage takes an average of 90–120 days. Without a writ of execution, recovery is impossible.
- →Documents in a foreign language are accepted only with a notarised translation into Montenegrin (Latin script).
- →Since 2024, the PRIS system provides online tracking of case stages — useful for monitoring the status of your own proceedings.