The Constitutional Court of Montenegro has published, in partnership with the AIRE Centre and with the support of the British Embassy in Podgorica, a Guide to Filing a Constitutional Appeal. This free practical guide is aimed at all citizens who wish to protect their constitutional rights and is available on the Court’s official website.
The constitutional appeal is one of the most important legal remedies available to citizens of Montenegro, yet a significant number of submissions are rejected on procedural grounds that could readily be avoided. The Guide seeks to address these gaps and provide applicants with clear, accessible information.
“With this Guide, we aim to help citizens better understand the rights protected by the Constitution and international standards — above all the European Convention on Human Rights — and to know clearly what to do when those rights are threatened. It is written in plain language, step by step, so that anyone who believes their constitutional rights have been violated can understand the procedural requirements, identify which right they can seek to protect, and correctly complete the application form. We believe this tool will help citizens approach the Constitutional Court with greater confidence.”
— Snežana Armenko, President of the Constitutional Court of Montenegro
Research has shown that the majority of citizens in Montenegro seek information about the judiciary through the official websites of institutions, but frequently do not find all that they need there. The AIRE Centre, which has worked for decades to strengthen the rule of law across the region, has been collaborating with Montenegrin courts to address this challenge.
“When we analysed the caseload, it became clear that a large number of appeals were failing the admissibility stage not because they lacked merit, but because applicants had no clear guidance or had missed certain procedural steps. We also examined international standards and the practice of constitutional courts across Europe and the region in order to identify which positive practices could be incorporated into this Guide. This document is the result of that research, and we are proud that it provides citizens with one clear reference point where they can find the information they need.”
— Biljana Braithwaite, Director of the Western Balkans Programme, AIRE Centre
The Guide was produced with the support of the British Embassy in Podgorica, which actively supports institution-building reforms and alignment with international standards in Montenegro.
“The rule of law means that every citizen, regardless of their knowledge of the legal system or their financial means, can effectively exercise the rights guaranteed by the Constitution. The publication of this Guide is a concrete step in that direction, and reflects values shared by the British and Montenegrin justice systems: transparency, access to justice, and alignment with international standards. We are proud to have supported this initiative.”
— Dawn McKen, British Ambassador to Montenegro
The Guide contains answers to the most frequently asked questions about the constitutional appeal, a Rights Glossary explaining eleven categories of constitutionally protected rights, and a short self-assessment questionnaire to help prospective applicants verify whether they satisfy the basic procedural requirements.
The Guide is available on the official website of the Constitutional Court of Montenegro.