Dialogue between the Constitutional Court and the Supreme Court on European human rights standards constitutes a permanent institutional obligation, as without harmonised case law there can be no legal certainty for citizens nor fulfilment of the closing benchmarks under Chapter 23 (Judiciary and Fundamental Rights), it was stated today in Podgorica at the first Forum of the Constitutional and Supreme Courts of Montenegro.
The Forum brought together judges of the Constitutional Court and the Supreme Court of Montenegro and was organised by the AIRE Centre with the support of the British Embassy in Podgorica. The event marks the establishment of a permanent forum for institutional dialogue between the Supreme Court and the Constitutional Court of Montenegro, conceived as a structured and sustainable mechanism of cooperation aimed at exchanging experience and improving and harmonising judicial practice in line with the standards of the European Court of Human Rights and the European Union.
“The dialogue between the Supreme Court and the Constitutional Court is not a matter of formal cooperation, but of shared responsibility to ensure effective and coherent protection of rights at the national level through harmonised standards. Our relationship is founded on constitutional complementarity, whereby different competences pursue the same objective – legal certainty for citizens and the preservation of the coherence of the legal order,” said Valentina Pavličić, President of the Supreme Court of Montenegro.
The discussion focused on concrete challenges in judicial practice, including standards for reasoning judgments, the relationship between the ordinary courts and the Constitutional Court in the protection of human rights, as well as the need to reduce the risk of lengthy proceedings and retrials.
“The Constitutional Court shapes the overall legal environment through normative review as its primary competence, as well as through deciding constitutional complaints as its predominant competence, applying the standards of the European Court of Human Rights and the Court of Justice of the European Union. For that very reason, the Constitutional Court attracts the highest level of scrutiny, as in the eyes of the public and at the international level it will be held accountable if it fails to recognise a violation or to guide national courts on how to identify a breach of a right,” said Snežana Armenko, President of the Constitutional Court of Montenegro.
The organiser of the event, the non-governmental organisation AIRE Centre, has for more than two decades provided expert support to judiciaries across the region in the application of the European Convention on Human Rights.
“The aim of this Forum is to contribute concretely, through expert dialogue and the exchange of practice, to the fulfilment of obligations under Chapter 23. Following the positive Interim Benchmark Assessment Report (IBAR) in 2024, Montenegro has entered a phase of demonstrating that the adopted standards are being consistently applied in practice. The closing benchmarks require measurable progress in court efficiency, the harmonisation of case law and the application of European standards, which is why the establishment of a permanent Forum of the Constitutional and Supreme Courts of Montenegro represents an institutional mechanism for strengthening coherence in the protection of rights,” said Biljana Braithwaite, Director of the Western Balkans Programme at the AIRE Centre.
The British Embassy in Podgorica emphasised that the United Kingdom will remain a partner to Montenegro in the final phase of its accession to the European Union.
“Montenegro is currently assessed not only on the reforms it has adopted, but also on the ability of its institutions to apply European standards consistently and convincingly. Chapter 23 is more than a set of technical measures. It is a test of institutional stability, judicial independence and the coherence of case law,” said Dawn McKen, British Ambassador to Podgorica.
She added that in times of global instability, citizens, investors and international partners alike seek predictability and reliability from institutions. “It is precisely that predictability which derives from the consistent application of the law and harmonised judicial practice. The United Kingdom is therefore pleased to support Montenegro in reforms that strengthen institutional resilience, judicial independence and alignment with European standards,” the Ambassador concluded.
The thematic focus of the first Forum was the right to a fair trial (Article 6 of the European Convention on Human Rights) and the right to property (Article 1 of Protocol No. 1), as these are among the most frequently examined rights in the case law of the European Court of Human Rights and areas in which citizens most directly feel the consequences of potential violations.
“The standard of a reasoned judicial decision and the principle of proportionality in the protection of property are essential elements of the rule of law. When national courts develop their practice in line with Convention standards, the protection of rights is primarily secured at the domestic level, reducing the need for international intervention. This is precisely why dialogue between the Constitutional Court and the Supreme Court of Montenegro is an important mechanism for ensuring consistency in the application of European standards,” said Judge Ivana Jelić, Vice-President of the European Court of Human Rights.
As part of the Forum, an analysis of the most significant case law of the European Court of Human Rights relating to these rights was presented, with particular reference to the standard of reasoned judgments, the proportionality test and the concept of legitimate expectations in property disputes. The analysis was prepared by Mirjana Lazarova Trajkovska, Judge of the Supreme Court of North Macedonia and former Judge of the European Court of Human Rights.
“The right to a fair trial is not satisfied merely by delivering a judgment. A court must demonstrate that it has examined the essential arguments of the parties and explain the reasons on which its decision is based. In property disputes, particularly in transitional societies, proportionality is a central issue. In other words, while the State may regulate property relations in the public interest, an individual must not bear an excessive burden. A clear explanation of that balance – that is, proportionality between the public interest and the protection of individual rights – is therefore crucial for legal certainty and trust in the legal order,” Judge Lazarova Trajkovska stated.
It was announced that the Forum of the Constitutional and Supreme Courts of Montenegro will be held regularly, as a permanent platform for the exchange of practice and for strengthening the application of European standards in Montenegro, which, it was assessed, is a prerequisite for closing Chapter 23 and achieving the objective of concluding technical negotiations by the end of 2026.
