Montenegro lost focus on key EU reforms, especially in the area of the rule of law

Montenegro has lost focus on key EU reforms, especially in the area of the rule of law, according to a non-paper on the rule of law in Montenegro, which Pobjeda had an insight into. In the document of the European Commission, which covers the events from June 2022 to March 2023, it is stated that during that period there were a number of deadlocks that have not been fully resolved.
As stated in the informal document, in 2023, the absolute priority of Montenegro should be to fulfill the critical deficiencies identified within the temporary benchmarks for negotiation chapters 23 and 24.
All institutions and political forces should commit to work together with the clear goal of achieving tangible results in order to advance the accession negotiations - the non-paper emphasizes.
The judiciary is facing a deep institutional crisis
In chapter 23, the functioning of the entire judicial system continued to face a deep institutional crisis, the non-paper found, noting that many institutions continued to suffer from a lack of appointments or were working in acting capacities. condition.
This significantly limited the capacity of the judicial system to function, with a weak or non-existent sense of direction and strategic planning/vision, which affected Montenegro's ability to administer justice - the document states.
It is recalled that in February, the Assembly appointed three judges of the Constitutional Court, which ended the unprecedented institutional blockade for Montenegro, which left the court without a quorum for decision-making between September 2022 and February 2023. This influenced numerous decisions related to the announcement of election results, changes to the President's Law...
Montenegro has not yet amended the Law on the Judicial Council and Judges, nor the Law on the State Prosecutor's Office, in accordance with the recommendations of the European Commission and the opinions of the Venice Commission.
The two laws are central pillars for the functioning of the judiciary in accordance with European standards. Finally, Montenegro failed to ensure that the key legal changes necessary for the success of reforms in the area of the rule of law are prepared in full accordance with European standards and the opinions of the Venice Commission, which remains the main concern - the informal document points out.
There was no progress in the investigations of violence against journalists
Regarding media freedom and freedom of expression, Montenegro has not yet adopted the media legislative package. During the drafting of the new Law on Media, the Law on Audio-Visual Media Services and the Law on Public RTV Service RTCG, extensive and inclusive consultations were conducted, including EU expertise, in order to align them with relevant EU legal acquis and European standards. There was no progress in investigations, prosecutions and trials for old cases of violence against journalists and media workers either.
The document states that in January 2023, the Basic Court in Podgorica issued a first-instance verdict, annulling as illegal the decision of the Council of Public Broadcaster RTCG dated August 6, 2021 on the appointment of the general director.
The court found that the Council's decision on the appointment was not adequately explained. With this decision, the court accepted the lawsuit of one of the candidates who were shortlisted for that position. The lawsuit states that the RTCG Council's decision did not state the reasons why the appointee was chosen over the other three shortlisted candidates. The RTCG legal team has announced that they will file an appeal against the first-instance verdict - the document states.
The document states that Montenegro has not yet improved the legislative and strategic framework for the prevention and fight against corruption, which requires a new strategy and action plan for implementation. It is also emphasized that the Law on Prevention of Corruption needs to be improved.
The results of the Agency for the Prevention of Corruption have been quantitatively improved. However, its independence, responsibility, impartiality and proactivity should be further ensured - the document states.
Montenegro has reached a turning point in the fight against corruption at a high level
Montenegro has reached a turning point in the fight against high-level corruption and organized crime, relevant to both Chapter 23 and Chapter 24, according to the non-paper.
He assesses that the Special Prosecutor's Office (STP) acted with caution in numerous high-profile cases that indicate deep infiltration of organized crime into state structures, including the highest level of the judiciary and law enforcement authorities.
Montenegro should show a strong, strict and unequivocal response. It remains to implement a deterrent and more effective policy of criminal sanctions and the response of the criminal justice system to corruption and high-level corruption, including avoiding the perception of impunity - the document states, among other things.
Cigarettes in the Bar are waiting to be destroyed
In Chapter 24, an ambitious reform of police human resources was undertaken, including the creation of hundreds of new jobs, the establishment of new units and the recruitment of new staff, the document notes.
The non-paper states that an investigation into drug trafficking led by the SDT resulted in the arrest of the Acting Deputy Director of Police and several police officers, suspected of protecting criminal interests.
This was followed by the dismissal of the police director and a broad reconstruction of middle managers in the Police Directorate for the fight against organized crime - the report states.
It is also noted that Montenegro continued excellent international police cooperation.
Europol's support and judicial cooperation with EU member states have been crucial in ongoing investigations into high-level corruption and organized crime.
Regarding tobacco smuggling, it is stated that the ban on the storage of tobacco products in the Bar Port Free Zone, introduced by the customs administration in May 2022, led to the seizure of an unprecedented number of cigarettes, which their owners left on the spot.
An estimated amount of 1,500 tons (or 13 cubic meters) of cigarettes is stored in the Bar and awaits destruction. New investigations have been launched and new arrests have been made, including the Director of Customs and several high-ranking customs officials, the non-paper said.
Montenegro hosted the largest number of Ukrainian refugees in the Western Balkans
As for migration, the non-paper states that the number of irregular migrants will double in 2022, reflecting regional trends.
It is emphasized that Montenegro was a Western Balkan partner that hosted the largest number of Ukrainian citizens who fled Russia's war of aggression against Ukraine.
On the other hand, it is pointed out that the Montenegrin visa policy is not fully harmonized with the EU visa policy.
The investor citizenship scheme was discontinued at the end of 2022; however, 308 applications remained under processing in March 2023 - the document states.
Regarding border management, it is recalled that on May 16, 2023, Montenegro and the EU signed a new Status Agreement that enables the European Border and Coast Guard Agency (Frontex) to be deployed anywhere on the territory of Montenegro.
M.J.