Montenegro

Reform of the legal aid system in Montenegro – creating an effective and sustainable system of providing legal aid

The Project “Reform of the legal aid system – creating an effective and sustainable system of providing legal aid“ presents a part of the Action Plan for the Implementation of the Strategy for the Reform of Judiciary 2007-2012. Through this Project, access to justice will be enhanced as it will be easier for indigent parties to seek their rights in courts. The Project components are: 1. Drafting a law on legal aid; 2. Organizing public consultation rounds to discuss the draft; 3. Adoption of the law by the Parliament of Montenegro; 4. Developing the infrastructure to implement the law; 5. Training for staff who will disperse legal aid under the law; and 6. Public awareness and information campaign. 

“A well organised legal aid system will provide an effective right of access to court in the future,” H. E. Mr. Miraš Radović, Minister of Justice of Montenegro evaluated. The right to court access, as he pointed out, represents one of the main elements in human rights corpus and passing the special Law on Free Legal Aid will provide adequate preconditions for exercising that right.

Minister Radović said that the Constitution of Montenegro and international legal standards on human rights guarantee the right to a fair trial that incorporates many aspects of court proceeding. The right of access to court is one of them. The right of access to court and the right to equal resources would remain in the level of theoretical and illusory in case there is not a well organised legal aid system which includes the right to free legal aid when it is necessary. “Our intention to adjust the system for providing legal aid by passing the Law on Providing Legal Aid demonstrates readiness of Montenegro to, like many other European countries, organise that institute and provide conditions for its application, with special emphasis on free legal aid. As every democratic society strives to reaching efficiency and effectiveness in making decision on the rights of individuals and ensuring justice for all – and financial standing or individual capacity of those whose rights have been menaced cannot be a barrier to it - we are certain that passing the law in this domain would contribute to developing and affirming of the right to a fair trial in Montenegro,” Minister Radović said.

Ms. Siri Andersen, First Secretary of the Royal Norwegian Embassy in Belgrade considers that the project implementation is an important step towards harmonization of Montenegrin legal procedures with the European standards, and she evaluated that the initiation of the project was an indicator of commitment of the Government of Montenegro to the reform of the legal system. As she said, equal access to judiciary represents a key and a fundamental right, but is also an important step to aligning regulations with the European standards. “I am pleased to see that the project provides assistance to vulnerable groups, especially to women,” Ms. Andersen stated.

 

According to Mr. Mark A. Rutgers van der Loeff, Second Secretary of the Royal Netherlands Embassy in Belgrade, the issue of free legal aid presents the foundation of legal affairs since it directly refers to key values of any democratic society. In his opinion, the project is beneficial not only for the citizens but also for the state on its path to the European integration. „By establishing this aid, we will bring the law to the very core of the society,” Mr. van der Loeff said. He added that now is the right time to realise the project since in the Montenegro EC Progress Report it was mentioned that limited possibilities for free legal aid represent one of the remaining challenges when it comes to the access to justice. “Thereby, this programme will help many Montenegrin citizens in exercising their rights but it would also support the entire country on its path to the EU,” said Mr. van der Loeff.

On behalf of the UNDP Montenegro, Mr. Miodrag Dragišić, UNDP Social Inclusion Cluster Leader expressed a heartfelt gratitude for the support and cooperation with the Ministry of Justice of Montenegro and the donors: the Governments of the Netherlands and Norway. “Without a continuing involvement from the government side in our country and the generous support of the Netherlands and Norway this project would not have been possible,” said Mr. Dragišić.

Mr. Dragišić also reminded that the aim of the project is to develop a legal aid system in Montenegro that is affordable, sustainable and consistent in its outreach to those who need it, so to ensure that proper access to justice will be available for all. “With these efforts in investing in the institutional and judicial reform of the country the project aims to bring Montenegro closer to EU integration. From the UNDP side, it is important to mention that by establishing an effective legal aid system the project will support promotion of core UN values as expressed in the UN Millennium Development Goals, related to the reduction of poverty and promotion of gender equality and empowerment of women,” Mr. Dragišić emphasized. In conclusion, he stressed the important role the media will have in achieving the goals the project, in terms of helping the information reach those who are entitled to the legal aid services.

Reform of the Legal Aid system in Montenegro – Presentation in Montenegrin
Reform of the Legal Aid system in Montenegro – Presentation in English