N3.T9 – WARNINGS FROM STRASBOURG COURT CONCERNING LACK OF PROMPTNESS
HRA NEWSLETTER 3 – TOPIC 9
The persistent lack of promptness within the Montenegrin judiciary is leading to significant repercussions. According to decisions issued by the European Court of Human Rights (ECHR) at the end of November 2024, Montenegro is required to compensate the applicants in three separate cases with an additional EUR 5,130.
The ECHR’s decision, arising from the protracted duration of proceedings before the Constitutional Court of Montenegro, pertains to the cases of Kićović v. Montenegro and Vukašinović v. Montenegro. In these instances, the proceedings before the Constitutional Court extended for four and a half years and approximately four years, respectively. In the third case, Žunjić and others v. Montenegro, the delays were related to administrative procedures that exceeded six and a half years.
In response to the increasing concerns regarding the length of proceedings, the Government of Montenegro recently recommended that the Constitutional Court analyze cases pending for more than three years. They suggested marking these cases as priorities and establishing fixed deadlines for their resolution.
“Now that both the European Court and the Government have sounded the alarm, we expect the Constitutional Court to finally take action and announce a plan for the urgent resolution of all backlogged cases”, stated Tea Gorjanc-Prelević, director of the NGO Human Rights Action (HRA), in an interview with Radio Free Europe.
As of early December 2024, the HRA noted that there were 1,981 unresolved constitutional appeals, with the oldest dating back to 2018. Specifically, two appeals are from 2019, thirteen from 2020, 284 from 2021, 412 from 2022, and 547 from 2023.
The HRA also remarked that in 2024, the ECHR identified violations of the human right to a trial within a reasonable time in at least 13 cases where constitutional appeals had remained undecided for three and a half years or more. Consequently, Montenegro was mandated to provide compensation to those who submitted these appeals. This indicates that individuals who filed constitutional appeals in the first half of 2021, as well as in 2020, 2019, and 2018, have had their right to a timely trial violated if these appeals remain unresolved. This situation underscores the urgent need for reform and efficiency within the Montenegrin judiciary to avoid further violations of human rights and financial repercussions. The call for action from both the European Court and local authorities highlights the critical necessity for a thorough and expedited approach to handling ongoing judicial backlogs.
