Supreme Court of Montenegro
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SUPREME COURT OF MONTENEGRO JUDICIAL TRAINING CENTER
ANNUAL REPORT FOR 2011 Judicial Training Center of Montenegro
- Report on the work of the Center in 2011
- Chronological list of the activities carried out in 2011
- Report on the Initial Training Programme for 2011 (the evaluation of the implemented Initial Training Programme)
Judicial Training Center of Montenegro Jovana Tomaševića 2, 20 000 Podgorica, Montenegro tel + 382 20 201 890 / 201 891 / 201 893; fax + 382 20 201 892; [email protected]; www.coscg.org; [email protected]
1 SUPREME COURT OF MONTENEGRO Judicial Training Center
ANNUAL REPORT FOR 2011 Judicial Training Center of Montenegro
In the course of 2011, the Judicial training Center of Montenegro (hereinafter referred to as: the Center), conducted a series of initial and in-service training activities involving judges and prosecutors of Montenegro and almost completely fulfilled the expectations set out in its Annual Training Programme for 2011.
Guided by the previous experience and practices (all the details about the Judicial Training Center are available at the Center’s web site www.coscg.org), the Center pursued a regional approach to its activites (organizing training activities at regional level - northern, southern and central part of Montenegro), so the trainings were generally available to all of the Montenegrin judges and prosecutors.
In the course of 2011 ( with the exception of August, when the activites are usually not carried out due to annual leave of the members of the judiciary and the staff of the Judicial Training Center of Montenegro), the Center completed 122 activities, which were conducted in the form of:
- 70 activities related to in-service training of Montenegrin judges and prosecutors (seminars, roundtables, workshops, conferences, providing participation of Montenegrin judges and prosecutors and representatives of the Center in different events organized by the national and international institutions and organizations,etc. - a detailed list of the activities carried out in 2011 is provided below);
- 22 activities related to the initial training of the persons preparing for the offices of judges and prosecutors (the qualifying exam for the Initial Training Programme for 2011; a certificate presentation ceremony for participants of the Initial Training Programme for 2010; 18 Initial Training Modules for the attendants of the Initial Training Programme for 2011 ( whereas one module on the EU Law, 7 modules on criminal matters, 6 modules on civil matters, 1 module on the EU Law and the European Court of Justice, 1 module on the European Convention on Human Rights and the case law of the European Court of Human Rights, 2 modules on Judicial skills (Judicial psychology and code of judicial ethics, personal and institutional integrity); making an official announcement of the enrolment for the Initial Training Programme 2012, and organizing final examination for participants of the Initial Training Programme for 2011 – see the Center’s special report on the implemented Initial Training Programme for 2011 (annexed to this report);
- 32 activities related to the presentation of the Center in important events or meetings – a detailed list of the activities conducted in the course of 2011 is given below; - publications – Manual on the Implementation of the Law on Enforcement and Security published in cooperation with the Human Resources Administration of Montenegro and the Collection of materials used in the series of seminars on “Values, Gender relations and Corruption“, published in cooperation with the United Nations Development Programme (UNDP)- office in Montenegro;
2 - distribution of a tri-monthly Bulletin containing selected judgments of the European Court of Human Rights to all Montenegrin courts and public prosecution offices;
In the course of 2011, the Center carried out its activities using the funds allocated from the budget of the Supreme Court of Montenegro, and with the support of relevant international organizations. The funds allocated from the budget of the Supreme Court of Montenegro were used for the implementation of the Initial Training Programme for 2011 and a number of in-service training activities.
In-service training programmes were mostly carried out with the cooperation and support of international and national organizations, which all recognized the Center as one of their strategic partners, therefore we owe special thanks to our partners and cooperators for the successful cooperation in 2011: Organization for Security and Cooperation in Europe (OSCE), Mission in Montenegro;U.S. Embassy in Podgorica; United Nations Development Programme (UNDP), office in Montenegro; European Institute of Public Administration (EIPA) from Luxembourg; the German Foundation for International Legal Cooperation (the IRZ Foundation); the Centre for International Legal Cooperation (CILC), the Netherlands; the Montenegrin Center for Democracy and Human Rights (CEDEM); Ministry for Human and Minority Rights, the Montenegrin Ministry of Justice and the Human Resources Administration of Montenegro
In February 2011, the Twinning project “Support to Implementation of the Criminal Procedure Code” between Montenegro and France was initiated, with the financial support of the European Union. One of the components of the aforementioned Twinning project is the provision of trainings for judges, prosecutors and police officials, aimed at implementation of the Criminal Procedure Code. Dynamics of the training activities, set by the Project representatives, was carried out in cooperation with the Agency for International Legal Cooperation of France, Ministry of Justice of Montenegro, International Management Group (IMG) and Judicial Training Centre. The trainings were organized at regional level (central, southern and northern region of Montenegro), and each of them lasted for two days. Lecturers at the trainings were French experts, occasionally supported by local experts, i.e. judges of the Supreme court, as well as Deputy Higher Public Prosecutor and Deputy Supreme Public Prosecutor.21 seminars were organized in total, whereas 3 seminars at regional level on each of these topics: Transfer of pre-trial experience from investigative judges to the special prosecutor's office; The role of the Prosecutor's office and judges in the pre-trial phase (with the special emphasis on EU member states' experiences); Training on special investigating techniques and main hearing ( financial anlyses and secret surveillance mesures); Training on drafting motions and decisions according to new requirements of CPC; Training of prosecutors and police on CPC ( Crminal Procedure Code) measures having a potential of encroachment of human rights; Training for the police, courts and prosecutor's office on collecting evidence; 2 trainings of trainers on the CPC and elaboration of a related manual; 1 workshop with the members of the Bar Association), a conference on EU mutual legal assistance in criminal matters and a study visit to France (Paris, Bordeaux).The trainings carried out within the Twinning project in 2011, were attended by the following participants: - 5 court presidents - 14 public prosecutors - 39 judges - 60 deputy public prosecutors - 26 court advisors - 19 advisor from prosecution offices - 6 court interns - 9 intern from prosecution offices
In the course of 2011, the Center continued two-year successful cooperation with the German Fondation for International Legal Cooperation (the IRZ Foundation) in the area of civil law. Namely, at the end of 2009, the Center established the cooperation with the IRZ Foundation with a view to organizing training for judges and providing participation of representatives of Montenegrin judiciary at the regional meetings which the IRZ Foundation organizes under its projects. With the expert and financial support of the IRZ Foundation, 4 seminars for judges of civil sections were organized and completed in 2011. The seminars considered the following
3 topics: Current issues in labour law, Abuse of jurisdictions in litigation proceedings, Compensation of pecuniary and non pecuniary damages, Current issues in family and hereditary law. The trainings were attended by the following participants: 1 court president, 43 judges, 9 court advisors, 4 court interns. Out of the total aforementioned number of judges, 13 of them attended more than one seminar from the series of 4, and the report does not include the judges who participated in the capacity of lecturers (judges of the Supreme Court of Montenegro).
According to the requirements of the Center ( in the light of the new CPC), the judicial training programme regarding fight against corruption was developed, by the team of the United Nations Development Programme (UNDP) - office in Montenegro and their expert, under the project ’’Strengthening Capacities of Judiciary in Montenegro to Fight Corruption and Organised Crime’’, with the support of the Government of Norway, as a joint project of the Ministry of Justice of Montenegro, UNDP and the Government of the Kingdom of Norway.The judicial training programme on the fight against corruption (hereinafter referred to as: the Programme) was developed with a view to enabling the Center to implement the programmes of vocational trainings in the field of integrity and anti-corruptive measures in judiciary, for judges and prosecutors. The Programme contains a review of the current situation, the needs assessment, suggestions for improvement and advancement of the training, as well as the specific curriculum. The implementation of the Programme started in November 2009. Apart from the United Nations Development Programme (UNDP) - office in Montenegro, both Organization for Security and Cooperation in Europe (OSCE),Mission in Montenegro and the U.S. Embassy in Podgorica recognized the significance of this Programme and supported its implementation. The cooperation with the international partners was quite successful and effective, especially in providing expert support to the implementation of the Programme. Although the Programme was initially intended for Montenegrin judges and prosecutors, the Center considered the importance of participation of other official subjects dealing with the issues of corruption, and in cooperation with the Human Resources Administration of Montenegro, it increased the number of participants by several civil servants. Within the framework of this Programme, including 3 separate training programmes, 6 more activities were completed in 2011: Programme – Personal and Institutional Integrity (2 seminars held); Programme- Corruptive Criminal Offences (2 seminars held); Programme- Investigation of Corruptive Criminal Offences and Related Issues, with a special emphasis on financial investigation and seizure of property acquired through criminal offences (2 seminars held). In cooperation with UNDP and the Human Resources Administration of Montenegro, the Center also organized 2 seminars entitled ’’Values, Gender Relations and Corruption’’, which examined the issue of corruption from the aspects of culture, pshychology, anthropology and sociology; the materials published and used in the series of these seminars were distributed to all the courts and prosecution offices in Montenegro. The overall number of participants (in target groups) who attended the trainings organized under this Programme:
- 4 court presidents; - 4 public prosecutors; - 18 judges; - 16 deputy public prosecutors; - 15 court advisors; - 3 advisors from prosecution offices; - 5 court interns; - 2 interns from prosecution offices. Considering the fact that in the period from 2009 to the end of 2011, 30 activities were completed under the judicial training programme on the fight against corruption, we may conclude that 90% of holders of judicial office participated in the training activities of the Programme.
Furthermore, in the course of 2011, the Center continued successful cooperation with The European Institute for Public Administration (EIPA) from Luxembourg. The cooperation was established in 2008, under the project ''Technical Support to Luxembourg in Montenegro'', aimed at organizing joint training activities on the EU Law and at developing national judicial capacities through acquiring knowledge and understanding legal principles, fundamental principles, EU legal instruments, a manner of implementation of the procedures in the major fields of the EU legal system; all for the purpose of proper preparation of Montenegrin judges and prosecutors for the implementation of the EU legislation. Within the framework of this project , 4 seminars were organized in 2009, 4 seminars in 2010, and 2 seminars in 2011. One of the seminars held in 2011
4 was organized in Podgorica,for holders of judicial office and attendants of the Initial training programme. The seminar was entitled: ''EU Law: Instruments, Characteristics and Fundamental Principles''. Another one, entitled ''The Role of the National Judge in the European Area of Justice – Judiciary and Implementation of EU Law'', was organized in Belgrade, in cooperation among the Center/the Supreme Court of Montenegro, EIPA and a Judicial Academy Serbia. The seminar was attended by judges from Montenegro and Serbia. Two trainings carried out in 2011 were attended by the following participants: - 2 court presidents - 20 judges - 15 court advisors - 1 advisor from prosecution offices - 2 interns from prosecution offices In the course of 2011, representatives of the Center/the Supreme Court of Montenegro and EIPA agreed for a special training programme to be developed by EIPA expert, and to be used as an instrument of the judicial training, as far as the EU law is concerned. The programme that is to be developed will be a special part of the Annual programme for 2012. The importance of trainings on EU Law was especially emphasized in 2011, therefore the Supreme court of Montenegro supported 6 more seminars in this field, apart from those organized in cooperation with EIPA. These 6 seminars were carried out at regional level, with the themes of: ’’EU Law- Sources of the European Law’’, ’’EU Law - Basis of the European Law’’, ’’EU Law - Institutions and Procedures before the European Law’’. The trainings were attended by 65 participants: - 2 court presidents - 4 public prosecutors - 22 judges - 17 deputy public prosecutors - 6 court advisors - 8 advisors from prosecution offices - 2 court interns - 4 interns from prosecution offices We should emphasize that 13 out of 65 participants attended more than one training activity. The participants who attended two out of three aforementioned trainings received the Certificates of Participation.
In 2011, the Center continued its successful cooperation with national and international organizations in the activities regarding the training on the provisions of the European Convention on Human Rights and the case law of the European Court of Human Rights. These activities were carried out at regional level, with the support of and in cooperation with the Supreme Court of Montenegro, but also in cooperation with CEDEM and the London-based AIRE Center, and one round table was also organized in cooperation with OSCE-Mission in Montenegro. Out of 5 seminars organized, two seminars were entitled ’’The European Convention of Human Rights, with a special reference to Article 6 ( right to a fair trial) and Article 10 ( freedom of expression)’’, and other seminars with the themes of: ’’Exercising Human Rights before the Judicial Institutions of Montenegro – Access to Justice: Effective Legal Remedy- The Right to Constitutional Complaint – International Standards and Regional Experiences’’, ’’The Right to a Fair Trial and the Role of the Media in the light of the European Convention of Human Rights and the Criminal Procedure Code of Montenegro’’, and a round table considering the issue of ’’The Right to a Fair Trial, with a special emphasis on the duration of proceedings’’. The trainings were attended by 76 participants: - 5 court presidents - 1 public prosecutor - 52 judges - 3 deputy public prosecutors - 9 court advisors - 2 advisors from prosecution offices - 3 court interns - 1 intern from prosecution offices
Having regard to the draft of the proposed Montenegrin Law on Enforcement and Security, which introduces considerable changes in the enforcement and security procedure, the Centre for International Legal Cooperation (CILC) in the Netherlands and the German Agency for Technical Cooperation (GTZ), in February 2011, initiated the cooperation regarding trainings of judges and other persons involved in official actions within the enforcement procedure, which is to be implemented under the ‘’Balkans Enforcement Reform Project’’, with the financial support of the
5 Government of the Kingdom of the Netherlands. Judicial Training Center of Montenegro, as an institution specialized for judicial trainings, and the Human Resources Administration, providing trainings for civil servants and state employees, both recognized the importance of the proposed cooperation and the effect it may produce with the implementation of these regulations, especially because the implementation of the new enforcement legislation requires synchronized actions of all the persons acting officially in the procedure for enforcement, in accordance with new rules of the procedure. For that purpose, the project entitled ’’Support to implementation of the Law on Enforcement and Security – Training of judges and other persons involved in official actions within the procedure for enforcement and security’’ was initiated by the Training center and the Human Resources Administration, with the support of their partners. The project was completed until November 2011, and was successful in terms of its contents and duration. The project was aimed at providing proper information on provisions of the new enforcement legislation in Montenegro to all the persons involved in official actions within the procedure for enforcement.The project consisted of three components: - I Developing the training programme for judges and other persons involved in official actions within the procedure for enforcement and security - the Programme was developed, and may be useful for the Center in further trainings considering the topic thereof. - II Training for judges and other persons involved in official actions within the procedure for enforcement and security - the training was carried out under three regional seminars entitled: ‘’Law on Enforcement and Security’’. The seminars were attended by 41 participants (2 court presidents; 26 judges; 12 court advisors and1 court intern). Upon completion of the training, participants received the Certificate of Participation. - III Releasing of a publication/ the Manual for the implementation of the Law on Enforcement and Security- the Manual consists of two parts. The first part of the Manual mostly concerns vocational and theoretical issues, and explains basic institutions of the Law on Enforcement, while another part contains the patterns for implementation of the Law on Enforcement and Security. The patterns are adjusted for the application of the Law, thus facilitating the work of judges and other judicial professions involved in the Law on Enforcement. The authors of the Manual are Prof.Dr Nebojša Šarkić, the Faculty of Law of the University Union in Belgrade, Mr.Mladen Nikolić, the Appellate Commercial Court in Serbia, and Mrs.Nataša Sekulić, a judge of the Commercial Court in Podgorica.
In addition, this year also saw the continuation of successful cooperation with Organization for Security and Cooperation in Europe (OSCE) -Mission to Montenegro and U.S. Embassy in Podgorica, through organization of numerous in-service training activities regarding detention and alternatives to detention; training for trainers; findings and opinions of court experts with different profiles; determining the training programme on CPC for judges, prosecutors and police officials; the right to a fair trial, with a special reference to duration of proceedings. A detailed review of the activities is provided in the chronological list of activities in 2011, annexed to this Report. Within the framework of activities with the theme of ’’Findings and opinions of court experts’’, 4 seminars were organized in cooperation with Organization for Security and Cooperation in Europe (OSCE)-Mission in Montenegro and U.S. Embassy in Podgorica: Judicial and medical treatment of gunshot wounds and DNA analysis in forensic practice; Findings and opinions of court experts; Expert witnessing in the area of transport and neuropsychiatric expertise in criminal and civil matters; Expert witnessing of cases of sexual abuse of children.The trainings were attended by 52 participants, out of whom: - 7 court presidents - 6 public prosecutors - 18 judges - 17 deputy public prosecutors - 2 court advisors - 1 advisor from prosecution office - 1 intern from prosecution office Out of the total number of participants, 24 of them participated in more than one training activities within the series of 4.
The continuation of successful cooperation with the U.S. Embassy in Podgorica, through the aforementioned support to organization of in-service training activities in 2011, is also reflected in substantial donations, in the form of technical and office materials, the materials for seminars, all
6 with the aim to facilitate the work of the Center's employees. The donations included the following equipment: 3 lap tops, a copy machine, LCD television, 2 notebook computers and 1000 files and mamo pads with the logo and contact information of the Center.
In cooperation with the Ministry for Human and Minority Rights, Organization for Security and Cooperation in Europe (OSCE) -Mission in Montenegro and Montenegrin Center for Democracy and Human Rights (CEDEM), 4 workshops were organized under the Plan for training of civil servants, holders of judicial office and employees of other independent bodies in the field of protection against discrimination. The workshops considered the following topics: General Legal Regime for Protection against Discrimination, Protection against Discrimination of LGBT Population, Protection against Discrimination of Disabled Persons , Discrimination on the Basis of Gender/Sex’’. The workshops were attended by the same number of participants, who all received the Certificate of Participation. Thanks to the Center’s cooperation with the Supreme Court of Montenegro, 4 judges of Montenegrin basic courts also participated in the workshops.
In the course of 2011, the Center established the cooperation with the leader of the projects of the Accession to Internal Market (AIM), which is co-funded by the EU, and is aimed at providing technical assistance to the Governement of Montenegro in the process of the European integration, with final accession to the internal market. Within the framework of the cooperation, a seminar was organized on the Competition Law, for judges of the Administrative Court, commercial courts and misdemeanour bodies. The seminar was aimed at providing overview of the EU and national legislation in the competition area, with particular focus on practices, as well as certain provisions of the Regulation (EC) 1/2003, court decisions, new penalty provisions, damages, settlement in compliance with the EU rules, Consumer Contract Law for judges, Consumer Protection Law, distance contracts, null and void contracts, unfair provisions in contracts,etc. The cooperation is to be continued in 2012. As far as participation of holders of judicial office is concerned, the in-service training activities carried out by the Center in 2011 were attended by: - 18 court presidents - 16 public prosecutors - 150 judges - 68 deputy public prosecutors - 59 court advisors - 22 advisors from prosecution offices - 11 court interns - 13 interns from prosecution offices
Participation of courts, in greater detail: - The Supreme Court of Montenegro ( 9 judges, 6 advisors) - The High Court in Podgorica (21 judges, 5 advisors) - The High Court in Bijelo Polje (the president, 4 judges, 7 advisors) - The Commercial Court in Podgorica (the president, 11 judges, 7 advisors) - The Commercial Court in Bijelo Polje (the president, 4 judges) - The Basic Court in Podgorica (the president, 29 judges, 11 advisors, 2 interns) - The Basic Court in Bijelo Polje (the president, 9 judges, 3 advisors, 1 intern) - The Basic Court in Cetinje (the president, 2 judges, 2 advisors) - The Basic Court in Danilovgrad (the president, 3 judges, 1 advisor) - The Basic Court in Herceg Novi ( the president, 3 judges, 1 advisor) - The Basic Court in Kolašin (the president, 2 judges, 2 interns) - The Basic Court in Bar (the president, 7 judges, 2 advisors) - The Basic Court in Žabljak (the president, 1 intern) - The Basic Court in Berane (the president, 8 judges, 4 advisors) - The Basic Court in Kotor (6 judges) - The Basic Court in Nikšić( the president, 10 judges, 5 advisors) - The Basic Court in Plav (the president, 2 judges) - The Basic Court in Pljevlja ( 6 judges, 2 advisors) - The Basic Court in Rožaje (the president, 2 judges, 1 advisors, 2 interns) - The Basic Court in Ulcinj (the president, 3 judges, 2 advisors) - The Appelate Court of Montenegro (the president, 7 judges, 1 advisor, 3 interns) - The Administrative Court of Montenegro (the president, 2 judges)
7 Participation of prosecution offices, in greater detail: - The Supreme Public Prosecution Office (1 deputy , 1 advisor) - The Special Prosecution Office for Organized Crime, Corruption, Terrorism and War Crimes ( the Prosecutor, 1 advisor) - The Higher Public Prosecution Office in Podgorica (the Prosecutor, 9 deputies) - Higher Public Prosecution Office in Bijelo Polje (the Prosecutor, 6 deputies,1 advisor) - The Basic Public Prosecutor’s Office in Podgorica ( the Prosecutor, 14 deputies, 5 advisors, 9 interns) - The Basic Public Prosecutor’s Office in Herceg Novi (the Prosecutor, 3 deputies, 1 advisor) - The Basic Public Prosecutor’s Office in Kotor (the Prosecutor, 4 deputies) - The Basic Public Prosecutor’s Office in Bar (the Prosecutor, 4 deputies, 1 advisor, 2 interns) - The Basic Public Prosecutor’s Office in Ulcinj (the Prosecutor, 2 deputies, 1 advisor) - The Basic Public Prosecutor’s Office in Cetinje (the Prosecutor, 2 deputies, 1 advisor, 1 intern) - The Basic Public Prosecutor’s Office in Nikšić (the Prosecutor, 7 deputies, 2 advisors) - The Basic Public Prosecutor’s Office in Bijelo Polje (the Prosecutor, 7 deputies, 3 advisors) - The Basic Public Prosecutor’s Office in Kolašin (the Prosecutor) - The Basic Public Prosecutor’s Office in Berane (the Prosecutor, 4 deputies, 3 advisors, 1 intern) - The Basic Public Prosecutor’s Office in Plav (the Prosecutor, 1 deputy) - The Basic Public Prosecutor’s Office in Rožaje (the Prosecutor, 1 deputy, 3 advisors) - The Basic Public Prosecutor’s Office in Pljevlja (the Prosecutor, 4 deputies, 1 advisor) The report does not include court presidents, judges, public prosecutors and deputies who participated in the trainings in capacity of lecturers (e.g. certain judges of the Supreme Court of Montenegro).
In terms of gender, trainings in 2011 were attended by 67 women and 52 men- representatives of prosecutor’s offices, and 139 women and 99 men- representatives of courts.
In addition, this year also saw the improvement of cooperation with training centers in the region and beyond, and internatonal organizations and institutions which organized various events attended by Montenegrin judges and porsecutors, as well as the Center’s staff. It is important to emphasize the fact that in 2011 the Center signed two memoranda on cooperation. At the beginning of April 2011, an International conference on “National and European Judge/Prosecutor – Role of Centres for Vocational Education’’ was held in Zagreb ( the Republic of Croatia), in organisation of the Judicial Academy of Croatia. On behalf of the Judicial Training Centre, the conference was attended by its Executive Director and an advisor. With the view to improving dialogue and cooperation in various aspects of common interest in the area of vocational education in judiciary, the multilateral Agreement on Cooperation was signed between centres for vocational education of judges and prosecutors of Croatia, Montenegro, Bosnia and Herzegovina, Republic of Srpska, Slovenia, Macedonia, Kosovo, Poland, Hungary, Slovakia and Czech Republic, upon the initiative of the Judicial Academy. Similarly, director of the Judicial Training Centre of Montenegro and an advisor from the Centre participated in the multilateral conference “Future of Initial and Continuous Training of Judges and Prosecutors: State of Play and Perspectives” organised in November 2011 in Skopje on the occasion of 5th anniversary of the Academy for Training of Judges and Public Prosecutors of the Republic of Macedonia.The conference was organised in cooperation with the German Foundation for International Legal Cooperation (IRZ). On this occasion, representatives of institutions in charge of training from Macedonia, Germany, EIPA – Luxembourg, Albania, Bulgaria, Bosnia and Herzegovina, Croatia, Kosovo, Montenegro, Serbia and Turkey signed the
8 Memorandum on Multilateral Cooperation, with the view to defining general framework that will serve as a basis for future cooperation among these institutions, with special emphasis put on improvement of initial training programmes as well as of continuous training of recently appointed judges and prosecutors. Furhtermore, at the end of December 2011, the Center hosted Regional round table for institutions involved in trainings for judges and prosecutors, which was organised under the project “Justice and War Crimes”, financed by the European Union and implemented in the partnership of OSCE – ODIHR (Office for Democratic Institutions and Human Rights), ICTY (International Criminal Tribunal for the former Yugoslavia) and UNICRI (United Nations Interregional Crime and Justice Research Institute). The round table was attended by representatives of institutions involved in training of judges and prosecutors as well as judicial office holders dealing with war crime cases from Croatia, Serbia, Montenegro, Bosnia and Herzegovina, Republic of Srpska, Macedonia and Kosovo.
We express our gratitude to all our partners, and remind You that all the details about the Judicial Training Center are available at the Center’s web site www.coscg.org.
What follows is a detailed overview of the Center’s activities in 2011 and the Report on the Initial Training Programme carried out in 2011.
25 January 2012, Podgorica
SUPREME COURT OF MONTENEGRO JUDICIAL TRAINING CENTER
JUDICIAL TRAINING CENTER The chronological list of the activities carried out in 2011
JANUARY - DECEMBER 2011
JANUARY 2011
- 21 January 2011- The Qualifying Exam for the Initial Training Program for 2011 was organized for eligible candidates in the premises of the Center. After the announcement for the Initial Training Programme was published, 32 applications were submitted to the Center. All of the 32 candidates who submitted their applications, along with the documents required (CV, certificate of the passed bar exam, certificate of the years of employment), met the general conditions stated in the announcement. Out of the initially applied candidates (32), the examination was sat by 25, whereas 23 of them were selected for the 2011 Initial Education Programme. On the first day, the candidates took a written exam, prepared by the Examination Commission of the Centre, composed of: Mr.Radule Kojović, a judge of the Supreme Court of Montenegro, Mrs.Sonja Bošković, deputy Supreme Public Prosecutor and Mrs. Julka Badnjar, a
9 judge of the Supreme Court of Montenegro. The written part of the exam contained questions on criminal and civil law (25 questions). On the second day, the candidates were interviewed by the Examination Commission of the Centre. According to the results published, 23 candidates satisfied the Commission’s criteria, and enrolled in the Initial Training Programme. The beginning of the Programme was planned for the end of May 2011.
- 31 January 2011 - Ministry of Human and Minority Rights- Department for Gender Equality, in cooperation with the Judicial Training Center, organized a one-day seminar intended for holders of judicial office, and entitled: ‘’The concept of Gender Equality and Women’s Right to Work’’. The seminar was held in Podgorica, under the project ‘’Promoting Working and Economic Rights of Women in Motenegro’’, run by Ministry of Human and Minority Rights - Department for Gender Equality, with the financial support of UNIFEM- United Nations Entity for gender Equality and the Empowerment of Women. The seminar was aimed at providing the holders of judicial office with a training on the protection women’s working rights and gender-based dicrimination. The topics discussed in the seminar were: Gender Equality - Concepts and Theory; International Legal Framework for the Achievement of Gender Equality; CEDAW- The Convention on Elimination of All the Forms of Discrimination against Women, Montenegrin Legal Framework for the Achievement of Gender Equality; Case Law of the European Court of Human Rights in Strasbourg; Case Studies – Group Work. The lecturers in the seminar were: Ms Nada Drobnjak, a member of the Parliament of Montenegro and the President of the Committee on Gender Equality in the Parliament of Montenegro, and Mrs. Slavica Bajić, Deputy Secretary at the Secretariat for Legislation. Apart from its organizers, the seminar was attended by nine (9) participants, out of whom: 2 court presidents ( the Basic Courts of Berane and Plav), 1 judge ( the Commercial Court of Bijelo Polje), 3 advisors (2 from the Basic Court in Nikšić, 1 from the Basic Court in Cetinje), 3 interns ( the Appellate Court of Montenegro).
- 31 January 2011- The President of the Center’s Coordination Committee and the Executive Director of the Center attended the public discussion on the Draft Action Plan for Monitoring the Implementation of Recommendations given in the European Commission’s Opinion, with a special reference to the part regarding rule of law and fight against corruption and organized crime. As one of the participators in the panel discussion organized in Podgorica, the President of the Center’s Coordination Committee made a presentation on ‘’Trainings for holders of judicial office’’.
FEBRUARY 2011
- 1 February 2011, Podgorica- Representatives of the Center attended the public discussion on the Draft Action Plan for Monitoring the Implementation of Recommendations given in the European Commission’s Opinion, with special reference to the part regarding the media and the civil society.
- 7 February 2011, Podgorica – The executive director of the Center attended the round table organized under the ‘’Balkans Enforcement Reform Project’’, financed by the Government of the Kingdom of the Netherlands, and carried out by the Centre for International Legal Cooperation (CILC), the Netherlands. The round table was aimed at reviewing the drafts of the proposed Law on Enforcement and Security and the Law on Public Enforcement Officers, as well as providing the trainings of the holders of judicial office regarding the Laws thereof. The cooperation was established between the Centre for International Legal Cooperation (CILC), the Netherlands and the Judicial Training Center/ the Human Resources Administration of Montenegro with a view to conducting the Project related to implementation of the Law on Enforcement and Security, with the funds donated by the ‘’Balkans Enforcement Reform Project’’.
- 7 February 2011 – The Annual Training Programme for 2011 was adopted by the Center’s Coordination Committee.
10 - 8 February 2011, Podgorica – The executive director of the Center attended a joint meeting of representatives of public institutions and the Delegation of the European Commission. The participants discussed the Draft Action Plan for Monitoring the Implementation of Recommendations given in the European Commission’s Opinion, with a special reference to the part regarding rule of law.
- 8 February 2011, Podgorica – The executive director of the Center attended the ceremony on the occasion of official opening of the Project ’’Implementation of Criminal Procedure Code’’, organized by the Ministry of Justice of Montenegro. IPA Twinning Project 2009 ’’Support to Implementation of the New Criminal Procedure Code’’ is financed by the European Union. France is a Member State – Partner in the Twinning Project. The anticipated implementation period is 15 months. One of the components of the aforementioned Twinning Project is provision of trainings for judges,prosecutors and police officials with the aim of implementation of the Criminal Procedure Code. The trainings will be carried out in cooperation with the Judicial Training Center.
- 9 February 2011, Podgorica– The Executive Director of the Center attended a consultation meeting organized by the representatives of public institutions and the Delegation of the European Commission, regarding the Draft Action Plan for Monitoring the Implementation of Recommendations given in the European Commission’s Opinion, with a special reference to the part related to the media.
-10 February 2011, Podgorica – In cooperation with German Fondation for International Legal Cooperation- IRZ Fondation, and with its financial support, the Judicial Training Center organized a seminar for holders of judicial office, with the theme of ’’Compensation of Pecuniary and Non Pecuniary Damages’’. The seminar was aimed at improvement of knowledge and exchange of experiences among judges dealing with litigation reports, regarding types of and grounds for responsibility for the compensation of pecuniary and non pecuniary damages, with a special reference to the case law in this field. More specific topics were discussed in the seminar: Compensation of Pecuniary and Non Pecuniary Damages- the Law on Obligations of Montenegro, Compensation of Pecuniary and Non Pecuniary Damages- German legislation, Work on Case Study. The lecturers in the seminar were: Mrs Dušanka Radović, a judge of the Supreme Court of Montenegro and a professor Walter Rolland, Bonn, a former Head of the Department for Civil Law in the Ministry of Justice –Germany and a former professor at the Faculty of Law in Wittenberg, Germany. Apart from its lecturers and organizers, the seminar was attended by 13 participants: 11 judges ( 1 from the Commercial Court in Podgorica, 2 from the Basic Court in Podgorica, 2 from the Basic Court in Nikšić, 1 from the Basic Court in Bar, 1 from the Basic Court in Berane, 1 from the Basic Court in Rožaje, 1 from the Basic Court in Plav, and 1 from the Basic Court in Pljevlja) and 2 advisors (from the Commercial Court in Podgorica and the Basic Court in Herceg Novi)
- 11 February 2011, Podgorica – The meeting of the Ministry of Justice with representatives of non-governmental organizations was held in the premises of OSCE- Mission in Montenegro. Upon the initiative of the Ministry of Justice, the meeting was also attended by the Executive Director of the Center. The purpose of the meeting was to get acquainted with the activities of non-governmental organizations and to promote the cooperation with the sector.
- 16 February – 19 February 2011, Istanbul, Turkey– Representatives of the Center attended the Conference:’’Regional cooperation in criminal justice: Strengthening capacities in the fight against cyber crime’’, organized under the joint Project of the Council of Europe and the European Union. Members of the project team of Montenegro contributed to the work of the Conference: Mr Jakša Backović, the Chief Inspector for the fight against cyber crime in Police Administration; Mr Žarko Pajković, Deputy Public Prosecutor in Basic Public Procecutor’s Office in Kotor; Ms Maša Adžić, an advisor in the Judicial Training Center; Mr Vladimir Vujotić, an advisor in the Ministry of Justice, and Mr Nikola Šaranović, Chief of the Cabinet in the Ministry of Justice.
11 - 17-18 February 2011, Podgorica – Under the EU Twinning project “Support to Implementation of the Criminal Procedure Code”, between Montenegro and France, a seminar/workshop was organized for holders of judicial office. The seminar was entitled:‘’Transfer of pre-trial experience from investigative judges to the special prosecutor's office’’, and was carried out in cooperation of Agency for International Legal Cooperation of France, Ministry of Justice of Montenegro, International Management Group (IMG) and Judicial Training Centre. More specific issues were also discussed in the seminar: Public prosecutors’ control over pre-trial procedure;Telephone conversations with Public Prosecutor’s Office; Record made by the police, Search (of premises, objects and persons); Temporary seizure of objects, proceeds and property;Public Prosecutor’s interventions regarding investigation of criminal offences that are being investigated beyond state borders; Extradition procedures; Arrest Warrant ( the European standard); Plea Bargain; Restrictions on Public Prosecutor’s control over pre-trial procedure; Main hearing; Role of Public Prosecutor’s Office in main hearing; Role of Public Prosecutor’s Office in final and enforceable judgement; General conclusions and amendments of the Code that are to be reviewed in the course of future reforms. The lecturers were two French experts: Mr Marc Moinard, former Secretary in the Ministry of Justice, and Mr Louis di Guardia, former Public Prosecutor, as well as three local experts:Mr Radule Kojović, a judge of the Supreme Court of Montenegro, Mr Petar Stojanović, a judge of the Supreme Court of Montenegro and Mrs Vesna Jovićević, Supreme Public Prosecutor of Montenegro. The seminar was attended by 23 participants (not including organizers and lecturers), out of whom: 18 representatives of the Prosecutorial Organization (7 deputies from the Supreme Public Prosecutor’s Office in Podgorica, 1 advisor from the Basic Public Prosecutor’s Office in Cetinje, the Basic Public Prosecutor and a deputy from the Office in Nikšić; 2 deputies, 2 advisors and 4 interns from the Basic Public Prosecutor’s Office in Podgorica) and 5 representatives of the judiciary (a judge from the Basic Court in Podgorica; a judge and two advisors from the Basic Court in Nikšić, and an advisor from the Basic Court in Cetinje).
MARCH 2011
- 2 March 2011, Podgorica – Ministry of Justice of Montenegro and the United Nations Development Programme (UNDP)- office in Montenegro organized a formal debate on the draft Law on amendments of the Criminal Code; draft Law on amendments of the Law on Judicial Council; draft Law on amendments of the Law on Courts; draft Law on amendments of the Law on Public Prosecutor’s Office. On behalf of the Centre, the discussion was attended by the Center’s advisor.
- 3- 4 March 2011, Budva/Bečići – Under the Judicial Training Programme on the fight against corruption, the Judicial Training Center in cooperation with the Human Resources Administration of Montenegro and the United Nations Development Programme (UNDP)- office in Montenegro organized a seminar with the theme of “Values, Relations between Genders and Corruption’’. The seminar was organised for judges and prosecutors from the southern and central region of Montenegro and its general objective was to improve their knowledge about personal and institutional integrity from the sociological, cultural, political and anthropological point of view. More concrete subjects addressed in the seminar were: relations between genders and gender equality; anachronism in male-female relations with special emphasis put on misogyny; corruption and institutions; weaknesses in corruption investigations; traditional patterns and corruption; ethic crisis – road to corruption; integrity and responsibility; corruption and political parties. Lecturers at the seminar were: Ratko Božović, Full Professor of Theory of Culture, Faculty of Political Sciences in Podgorica; Čedomir Čupić, Full Professor of Sociology and Political Anthropology, Faculty of Political Sciences and Faculty of Economics in Belgrade and a member of the Management Board of the Anti-Corruption Agency of Serbia; and Zoran Stojiljković, Associate Professor of Political Sociology, Faculty of Political Sciences in Belgrade and Faculty of Political Sciences in Podgorica, and a member of the Management Board of the Anti-Corruption Agency of Serbia; Nada Drobnjak, President of the Committee on Gender Equality in the Parliament of
12 Montenegro. The seminar was attended by 26 participants (not including lecturers and organizers), out of whom: 6 representatives of prosecution offices (Basic Public Prosecutor from Bar and a deputy, as well as deputies from Basic Public Prosecutor’s Offices in Kotor, Cetinje and Herceg Novi, and an advisor from the Basic Public Prosecutor’s Office in Podgorica), 16 representatives of courts (2 advisors from the High Court in Podgorica, 3 advisors from the Basic Court in Podgorica, 3 advisors from the Appellate Court, a judge and 2 advisors from the Commercial Court in Podgorica; the President of the Basic Court in Nikšić, a judge from the Basic Court in Danilovgrad, a judge from the Basic Court in Ulcinj, 2 judges from the Basic Court in Bar), a lawyer and a representative from the The Ministry of Sustainable Development and Tourism.
- 7- 8 March 2011, Bijelo Polje - Under the EU Twinning project “Support to Implementation of the Criminal Procedure Code”, between Montenegro and France, a seminar was organized for holders of judicial office from the northern region of Montenegro. The seminar was entitled:‘’Transfer of pre-trial experience from investigative judges to the special prosecutor's office’’, and was carried out in cooperation among Agency for International Legal Cooperation of France, Ministry of Justice of Montenegro, International Management Group (IMG) and the Judicial Training Centre. More specific issues were also discussed in the seminar: Public prosecutors’ control over pre-trial procedure;Telephone conversations with Public Prosecutor’s Office; Record made by the police, Search (of premises, objects and persons); Temporary seizure of objects, proceeds and property;Public prosecutor’s interventions regarding investigation of criminal offences that are being investigated beyond state borders; Extradition procedures; Arrest Warrant ( the European standard); Plea Bargain; Restrictions on Public Prosecutor’s control over pre-trial procedure; Main hearing; Role of Public Prosecutor’s Office in main hearing; Role of Public Prosecutor’s Office in final and enforceable judgement; General conclusions and amendments of the Code that are to be reviewed in the course of future reforms. The lecturers were two French experts: Mr Marc Moinard, former Secretary in the Ministry of Justice, and Mr Louis di Guardia, former Public Prosecutor, as well as two local experts Mr Šefkija Đešević, a judge from the Specializad Section of the High Court in Bijelo Polje and Mr Veselin Vučković, Deputy Supreme Public Prosecutor of Montenegro. The seminar was attended by 53 participants (not including lecturers and organizers), out of whom: 28 representatives of prosecution offices (Basic Public Prosecutor from Bar, 3 deputies, 1 advisor; Basic Public Prosecutor from Plav and a deputy; Higher Public Prosecutor from Bijelo Polje and 4 deputies; 7 deputies and 1 advisor from the Basic Public Prosecutor’s Offices in Bijelo Polje; Basic Public Prosecutor from Rožaje, 1 deputy, 1 advisor; 4 deputies and 1 advisor from the Basic Public Prosecutor’s Office in Berane), 20 representatives of the judiciary ( a judge and 3 advisors from the High Court in Bijelo Polje; the president, 2 judges and 1 advisor from the Basic Court in Bijelo Polje; 2 judges and 2 advisors from the Basic Court in Pljevlja; the president, 2 judges and 1 advisor from the Basic Court inBerane; the president of the Basic Court in Plav; the president and an intern from the Basic Court in Žabljak), 4 representatives of Police Admininstration and 2 representatives of the Bar.
- 9 March 2011, Podgorica – The Center organized a certificate presentation ceremony for participants of the Initial Training Programme for 2010. 21 participants successfully completed the programme organized by the Center. President of the Supreme Court Mrs. Vesna Medenica presented certificates to the participants of the Initial Training Programmme for 2010, and the ceremony was also attended by Mrs Ranka Carapic, Supreme Public Prosecutor of Montenegro, Mr. Petar Stojanovic, a judge of the Supreme Court of Montenegro and the Chairman of the Center’s Coordinating Board, Mr Radule Kojović, a judge of the Supreme Court of Montenegro and the president of the Examination Commission of the Centre, as well as other members of Coordinating and Programme Boards of the Center, and lecturers.
- 15 March 2011 – The proposal of the Project entitled ’’Support to Implementation of the Law on Enforcement and Security – Trainings of Judges and Other Persons Involved in Official Actions within the Procedure for Enforcement and Security’’ prepared by the Judicial Training Center and the Human Resources Administration was adopted by the the Centre
13 for International Legal Cooperation (CILC) in the Netherlands. The project consists of three components: 1) Developing the training programme for judges and other persons involved in official actions within the procedure for enforcement and security;2) Training for judges and other persons involved in official actions within the procedure for enforcement and security - three two- day seminars to be carried out under the Project; 3) Publications – the materials are to be published with the funds donated by the ‘’Balkans Enforcement Reform Project’’, which is financed by the Government of the Kingdom of the Netherlands and will be finished until 1 November 2011.
- 10-11 March 2011, Bar – Under the EU Twinning project “Implementation of the Criminal Procedure Code”, between Montenegro and France, a seminar was organized for holders of judicial office from the southern region of Montenegro. The seminar was entitled:‘’Transfer of pre-trial experience from investigative judges to the special prosecutor's office’’,and was carried out in cooperation among Agency for International Legal Cooperation of France, Ministry of Justice of Montenegro, International Management Group (IMG) and the Judicial Training Centre. More specific issues were also discussed in the seminar: Public prosecutors’ control over pre-trial procedure;Telephone conversations with Public Prosecutor’s Office; Record made by the police, Search (of premises, objects and persons); Temporary seizure of objects, proceeds and property;Public prosecutor’s interventions regarding investigation of criminal offences that are being investigated beyond state borders; Extradition procedures; Arrest Warrant ( the European standard); Plea Bargain; Restrictions on Public Prosecutor’s control over pre-trial procedure; Main hearing; Role of Public Prosecutor’s Office in main hearing; Role of Public Prosecutor’s Office in final and enforceable judgement; General conclusions and amendments of the Code that are to be reviewed in the course of future reforms. Lecturers in the seminar were two French experts: Mr Marc Moinard, former Secretary in the Ministry of Justice, and Mr Louis di Guardia, former Public Prosecutor, as well as two local experts: Mr.Radule Kojović, a judge of the Supreme Court of Montenegro and Mr Veselin Vučković, Deputy Supreme State Prosecutor of Montenegro. The seminar was attended by 25 participants (not including lecturers and organizers), out of whom: 7 representatives of prosecution offices ( a deputy and an advisor from the Basic Public Prosecutor’s Office in Bar, Basic Public Prosecutor from Ulcinj with 2 deputies; Basic Public Prosecutor from Kotor; a deputy and an advisor from the Basic Public Prosecutor’s Office in Heceg Novi); 5 representatives of the judiciary ( the president and a judge from the Basic Court in Bar; 2 judges from the Basic Court in Herceg Novi; a judge from the Basic Court in Kotor); 10 representatives of Police Admininstration and 2 representatives of the Bar.
- 18 March 2011, Podgorica – In cooperation with German Fondation for International Legal Cooperation- IRZ Fondation, and with its financial support, the Judicial Training Center organized a seminar with the theme of: ’’Abuse of procedural powers in litigation procedures”. The purpose of the seminar was the exchange of experiences, knowledge and skills among judges dealing with civil cases, with the view to improving conditions for enforcement of procedures with no delay, and preventing abuse of procedural powers. Specific topics covered at the seminar were: deadlines for taking contentious actions and abuse of procedural powers; legal standards of the European Court of Human Rights in terms of protection of the right to trial within a reasonable time, in the light of implementation of Montenegrin laws and the case law of Montenegrin courts. Lecturers in the seminar were: Mr Miraš Radović, a judge of the Constitutional Court of Montenegro and former Minister of Justice, and Mr Zoran Pažin, a Representattive of Montenegro before the European Court of Human Rights. Apart from its organizers and lecturers, the seminar was attended 17 judges and 2 advisors from the following courts: 6 judges from the High Court in Podgorica; a judge and an advisor from the Commercial Court in Podgorica; 2 judges from the Commercial Court in Bijelo Polje; 3 judges from the Basic Court in Podgorica; 2 judges from the Basic Court in Nikšić; a judge from the Basic Court in Bar; a judge from the Basic Court in Kotor and an advisor from the Basic Court in Ulcinj.
14 - 21-22 March 2011, Podgorica – Under the EU Twinning project “Implementation of the Criminal Procedure Code”, between Montenegro and France, a seminar was organized for holders of judicial office of the central region of Montenegro with the teme of: ‘’Role of prosecutors and judges in pre-trial investigation and investigation (with special emphasis on EU member states’ experiences)’’. The seminar was carried out in cooperation among Agency for International Legal Cooperation of France, Ministry of Justice of Montenegro, International Management Group (IMG) and the Judicial Training Centre. More specific issues were also discussed in the seminar: Role of prosecutors in pre-trial investigation and investigation in the light of new CPC; Role of judges in pre-trial investigation and investigation in the light of new CPC; Organisation of 24-hour phone lines in the state prosecution offices and police, keeping records – French experience; Methodology of communication between police, public prosecution offices and judiciary, report on progress achieved in investigation, orders issued by state prosecutors and role of a judge; Pre-trial investigation and investigation – police competences; Use of technical equipment when performing official duties; Arrival of state prosecutor at the crime scene and crime scene reconstruction. Lecturers at the meeting were two French experts: Mr Jean Cristophe Muller, the Public Prosecutor at the Higher Court in Peau and Mr Antoine Leroy, the Public Prosecutor from Carcasssone; and three local experts Mr Radule Kojović, a judge of the Supreme Court of Montenegro, Mr Petar Stojanović, a judge of the Supreme Court of Montenegro, and Mrs Vesna Jovićević, the Supreme Public Prosecutor in Podgorica. Apart from its organizers and lecturers, the seminar was attended by 30 participants, out of whom: 16 representatives of prosecution offices (7 deputies from the High Public Prosecutor’s Office in Podgorica; 2 deputies and 1 intern from the Basic Public Prosecutor’s Office in Cetinje; 2 deputies from the Basic Public Prosecutor’s Office in Nikšić; 1 deputy and 3 advisors from the Basic Public Prosecutor’s Office in Podgorica) and 7 representatives of Judiciary (a judge from the High Court in Podgorica; 1 judge and 3 advisors from the Basic Court in Podgorica; 2 judges from the Basic Court in Nikšić), 5 representatives of Police Admininstration and 2 representatives of the Bar.
- 22 March 2011– The Programme Committee of the Initial Training Center drew up the advanced Initial Training Programme for 2011.The Programme will be implemented through 18 two-day modules, with the lecturers among high representatives of judiciary, professors and experts renowned in specific fields.
- 23 March 2011, Podgorica– The Executive Director of the Center attended the presentation of the Annual Report of OSCE- Mission to Montenegro, the Project 'Monitoring of Judiciary’, covering the period from June 2009 – August 2010, as well as three thematic reports on the right to trial within a reasonable time in civil and criminal matters, on frequency and justifiability of detention. The reports are related to the second phase of the Project 'Monitoring of Judiciary’, including monitoring of both litigation and criminal proceedings in the courts of Montenegro, in terms of right to a fair trial. The Project is implemented by the Team of OSCE- Mission to Montenegro, in cooperation with non-govermental organization CEMI, with a financial support of the Government of the Kingdom of the Netherlands and The Grand Duchy of Luxembourg.
- 28-29 March 2011, Budva/Bečići- The Judicial Training Centre, in cooperation with UNDP, OSCE Mission to Montenegro, U.S. Embassy in Podgorica and Human Resources Administration of Montenegro, organised a seminar for holders of judicial office of the southern and central region of Montenegro on “Personal and institutional integrity and corruptive criminal offences’’, under the training programmes 1 and 2 as integral parts of the Programme for training of judges and prosecutors in the fight against corruption in the light of new CPC. The seminar was aimed at improving the knowledge of holders of judicial office (i.e. judges and prosecutors) in the area of personal and institutional integrity, as well as at improving knowledge required for better detection of corruptive criminal offences. Lecturers at the meeting were renowned national and foreign experts: Mr Srđan Šimac, a judge of the High Commercial Court of the Republic of Croatia; Mrs Lena Andersson, a consultant, Balkans Analysis Group/Sweden; Zoran Stojanović, a professor at the Faculty of Law, Belgrade; Mr Miraš Radović, a judge of the Constitutional Court of Montenegro; Mr Veselin Vučković, Deputy Supreme Public Prosecutor of Montenegro and Mrs
15 Vesna Ratković, director of the Anticorruption Initiative Administration. More concrete subjects addressed at the seminar were: Corruption – corruptive criminal offences – ethics, what’s the difference?; Problems of nepotism and favouritism – cousins, colleagues and neighbours do not have to be our friends; Code of Ethics of Prosecutors and integrity issues; Criminal-law suppression of corruption; Catalogue of corruptive criminal offences; Various forms of corruption – group exercise. The seminar was attended by 18 participants (lecturers and organisers not included), out of which: 6 representatives of the Prosecutorial Organisation (the Basic Public Prosecutor of Kotor and a deputy; Deputy Basic Public Prosecutor from Bar, Deputy Public Prosecutor from Ulcinj, Deputy Basic Public Prosecutor from Herceg Novi, and an advisor of the Basic Public Prosecutor’s Office in Cetinje), 6 representatives of the judiciary (a judge and an advisor of the Basic Court in Podgorica; a judge of the Basic Court in Nikšić, an advisor of the Basic Court in Cetinje, a judge of the Basic Court in Bar, a judge of the Basic Court in Kotor) and 6 civil servants.
- 30 March 2011, Podgorica- Judicial Training Centre/the Supreme Court of Montenegro, organised a seminar/ workshop in Podgorica for presidents and judges of the Montenegrin courts on the topic of: “Independent and Impartial Judiciary and Relations between the Judiciary and the Media”. The seminar was aimed at transferring experience gained at the UNIDEM Campus Seminar “The Independence of Judges and Prosecutors: Perspectives and Challenges”, which was held on 28 February - 3 March 2011 in Trieste/Italy and organised by the Venice Commission, and which was attended by the President of the Supreme Court of Montenegro, Vesna Medenica. Participants of the UNIDEM Campus seminars had the obligation of transferring the gained knowledge to national judges of their countries and therefore, according to the assumed obligation, the President of the Supreme Court made a presentation on the following topics: “Independent and Impartial Judiciary” and “Relations between the Judiciary and the Media”. Guarantees of independence provided for under the Magna Carta of Judges, which was adopted by the Consultative Council of European Judges/CCJE in 2010 and which contains 23 fundamental principles, were, inter alia, discussed within the first topic. Internal and external independence of judges, improved transparency in the work of courts and strengthening of the Code of Judicial Ethics were also discussed. The participants considered and discussed a case study, i.e. decision of the European Court of Human Rights on an independent and impartial court. As regards relations between the judiciary and the media, the President of the Supreme Court presented the recommendations of the Venice Commission. She also spoke about the need of spokespersons to be presented in all courts, as well as about the necessity of educating those journalists who are reporting about court proceedings so that the principle of presumption of innocence could be respected. All the aforementioned topics were interactively discussed. The seminar was attended by 35 participants, out of which there were 31 representatives of the judiciary: president and 2 advisors of the Supreme Court of Montenegro; 2 judges of the High Court in Podgorica; 2 judges of the Appellate Court, president of the Administrative Court; president and a judge of the Commercial Court in Podgorica; president of the Commercial Court in Bijelo Polje; president and a judge of the Basic Court in Podgorica; president and a judge of the High Court in Bijelo Polje; president and a judge of the Basic Court in Berane,; president and a judge of the Basic Court in Plav; president and a judge of the Basic Court in Danilovgrad, presidents of the basic courts from the following cities: Bijelo Polje, Zabljak, Kolasin, Niksic, Cetinje, Herceg Novi, Bar, Ulcinj; a representative of the Ministry of Foreign Affairs and European Integration; director and 2 advisors of the Judicial Training Centre.
31 March–1 April 2011, Podgorica – The seminar on ‘’EU Law – Instruments, Characteristics and Basic Principles’’ was jointly organised by the Supreme Court – Judicial Training Centre and the European Institute of Public Administration (EIPA) from Luxembourg. The seminar was carried out owing to the continuation of the Center’s cooperation with the European Institute of Public Administration (EIPA) and was aimed at providing trainings for holders of judicial office in the field of the EU Law, case law structures and instruments of the EU legal system. More concrete subjects addressed at the seminar were: Defining the EU as a specific legal enitity: goals, basic values that the legislation is based on; Structure of the EU legal system- Overview of legal instruments of the EU: primary law, secondary law, case law and other instruments;
16 Workshop: Analysis of the EU legal instruments; the Stabilisation and Association Agreement between the EU and Montenegro - Essential content and review of provisions on the compliance of regulations, application of regulations and implementation in court; Overview of legal instruments of the EU (II); Overview of the legal instruments in the field of judicial cooperation and fight against crime; General principles of the EU law (fundamental rights, proportionality, non- discrimination, etc.); Essential characteristics of the EU law (supremacy, direct effect, indirect effect, responsibility of the state)- Practical consequences for a national judge; Workshop: Analysis of a judgement the European Court of Justice. Lecturers at the seminar were the following experts: Mr. Juan Diego Ramirez-Cardenas Diaz, senior lecturer, The European Center for Judges and Lawyers; the European Institute of Public Administration, EIPA’s Antenna from Luxembourg; Mr Ludivic Bernardeau, Associated Senior Lecturer, Faculty of Law, University of Nancy; Nadja Long, Lecturer at the European Centre for Judges and Lawyers, EIPA's Antenna in Luxembourg.The seminar was attended by 36 participants (not including lecturers and organisers), out of which 15 judges (1 from the Supreme Court of Montenegro, 4 from the Appellate Court of Montenegro, 1 from the Basic Court in Podgorica, 1 from the High Court in Bijelo Polje, 1 from the Commercial Court in Bijelo Polje, 2 from the Basic Court in Kolašin, 1 from the Basic Court in Kotor, 1 from the Basic Court in Herceg Novi, 2 from the Basic Court in Bar, 1 from the Basic Court in Ulcinj) and 21 attendants of the Initial Education Programme.
APRIL 2011
- 1 April 2011, Podgorica – The Executive Director of the Center participated in the meeting of the Analitical-Operational Team of the Commission for monitoring the implementation of Criminal Procedure Code of Montenegro. The meeting was aimed at the exchange of experiences in realisation of the Criminal Procedure Code Implementation Plan, joint overview of the fulfilled obligations related to Implementation Plan, the evaluation of the activities assumed and the results achieved. The meeting was attended by the representatives of: UNDP, Twinning Project for implementation of CPC, U.S. Embassy in Montenegro, the Supreme Court of Montenegro, the Supreme Public Prosecutor’s Office of Montenegro, the Bar, the Ministry of Interior Affairs and the Ministry of Finance.
- 4 April 2011, Podgorica – The seminar on “Current Issues in Labour Law” was organized by the Judicial Training Centre, in cooperation with and financial assistance of the IRZ (German Foundation for International Legal Cooperation). The seminar was organised with the view to exchanging experiences of judges working on criminal portfolios, eliminating some dilemmas, more efficient implementation of the Labour Law, and harmonisation of case law. One more purpose of the seminar was to get acquainted with the practice in implementation of German legislation and examples of legal positions of the European Court in this area. Concrete topics addressed ate the seminar were: legislative framework and peaceful settlement of labour disputes; current issues in labour law; case law in the Labour Law of Germany.The seminar was attended by 23 participants (not including lecturers and organisers), out of which 20 judges and 2 advisors coming from the following courts: 3 judges from the Supreme Court of Montenegro; 5 judges from the High Court in Podgorica; 1 judge from the High Court in Bijelo Polje; 1 judge and 2 advisors from the Commercial Court in Podgorica; 3 judges from the Basic Court in Podgorica; 2 judges from the Basic Court in Nikšić; 1 judge from the Basic Court in Bar; 1 judge from the Basic Court in Bijelo Polje; 1 judge from the Basic Court in Kolašin; 1 judge from the Basic Court in Pljevlja; 1 judge from the Basic Court in Berane and 1 judge from the Basic Court in Kotor.
4-5 April 2011, Bar – Under the Twinning project “ Implementation of the Criminal Procedure Code” between Montenegro and France, seminar on “Special investigative techniques (including financial analysis and use of measures of secret surveillance) in the main hearing” was organised for judges and prosecutors from Montenegro’s southern region. The seminar was organised in cooperation with the French International Cooperation Agency, Ministry of Justice of Montenegro, International Management Group (IMG) and the Judicial Training Centre of Montenegro. More concrete topics: Investigative techniques and expertise ordered
17 by court - probative value, probative limitations of certain actions, public and private institutions, conflict of interest, different categories; Investigations, expertise (medical findings, analysis of DNA samples, tests to alcohol and drugs, psychiatric examination); Investigations, expertise (building materials, transportation, natural disasters, telephony); Investigative techniques in economic and financial matters. Lecturers at the seminar were two French experts: Mr Chantal Berger, Public Prosecutor, the Basic Court in Senlis, Mr Louis di Guardia, former Public Prosecutor, as well as a local expert Mr Milenko Magdelinić, the Basic Public Prosecutor in Bar. The seminar was attended by 28 participants (lecturers and organizers not included), out of whom: 13 representatives of prosecution offices (3 deputies, an advisor and an intern from the Basic Public Prosecutor’s Office in Bar; 2 deputies from the Basic Public Prosecutor’s Office in Ulcinj; the Basic Public Prosecutor from Kotor and 2 deputies; the Basic Public Prosecutor from Herceg Novi and a deputy); 7 representatives of Judiciary (the president and a judge from the Basic Court in Bar, 2 judges from the Basic Court in Herceg Novi, a judge from the Basic Court in Ulcinj, and a judge from the Basic Court in Kotor), 8 representatives of Police Administration and 1 representative of the Bar.
- 6 April 2011, Podgorica– A representative of the Center attended the joint meeting of the public institutions of Montenegro and the Delegation of the European Commission regarding fulfillment of obligations from the Action Plan for Monitoring the Implementation of Recommendations given in the European Commission’s Opinion, with a special reference to the part related to rule of law.
- 7 April 2011, Podgorica – A representative of the Center attended the meeting between the public institutions of Montenegro and the Delegation of the European Commission regarding the second round of consultations on realization of obligations from the Action Plan for Monitoring the Implementation of Recommendations given in the European Commission’s Opinion, with a special reference to the parts related to the media and human rights.
- 7- 8 April 2011, Podgorica – The 2nd two-day training module for attendants of the Initial Education Programme was held in the Judicial Training Centre.The topics addressed in the module were related to the criminal law, with special emphasis put on: general provisions of the Criminal Procedure Code; police powers and actions in pre-trial investigation; deprivation of liberty and detention by the police; criminal charges and actions taken by state prosecutors upon those charges; deferred criminal prosecution. Lecturers were: Mrs Svetlana Vujanović, a judge of the Appellate Court of Montenegro and Mrs Sonja Bošković, Deputy Public Prosecutor of Montenegro.
- 7- 8 April 2011, Zagreb/ Croatia– International conference on “National and European Judge/Prosecutor – Role of Centres for Vocational Education” was held in organisation of the Judicial Academy of Croatia. On behalf of the Judicial Training Centre, the conference was attended by the Center’s Executive Director and an advisor. The main topic of the conference was role and exchange of experiences between centres for vocational education of judges and prosecutors, with special emphasis on the importance of knowledge in the EU law and international cooperation instruments. Discussions were also focused on the importance of learning foreign languages; possibilities for introduction of e-learning and its advantages/shortcomings; methods for financing educations in the area of EU law; engagement of lecturers in the area of EU law; training of trainers; and other similar issues in the area of training. Upon the initiative of the Judicial Academy and with a view to improving dialogue and cooperation in various aspects of common interest in the area of vocational education in judiciary, the multilateral Agreement on Cooperation was signed between centres for vocational education of judges and prosecutors of Croatia, Montenegro, Bosnia and Herzegovina, Republic of Srpska, Slovenia, Macedonia, Kosovo, Poland, Hungary, Slovakia and Czech Republic,. The conference was attended by representatives of centres for vocational education of judges and prosecutors from Spain, France and Bulgaria, as well as by representatives of the German Foundation for International Legal Cooperation (IRZ) and the Academy of European Law (ERA).
18 - 11-12. April 2011, Bar– Under the Twinning project “Implementation of the Criminal Procedure Code” between Montenegro and France, seminar on “Role of prosecutors and judges in pre- trial investigation and investigation (with special emphasis on EU member states’ experiences)” was organised for judges and prosecutors from Montenegro’s southern region. The seminar was organised in cooperation with the Agency for International Legal Cooperation of France, Ministry of Justice of Montenegro, International Management Group (IMG) and the Judicial Training Centre of Montenegro. More concrete topics: Role of prosecutors and judges in pre-trial investigation and investigation pursuant to the new Criminal Procedure Code; Role of judges in pre-trial investigation and investigation pursuant to the new Criminal Procedure Code; Organisation of 24-hour phone lines in the state prosecution offices and police; record keeping – French experience; Methodology of communication between police, state prosecution offices and judiciary, report on progress made in investigation, orders issued by state prosecutors and role of a judge; Pre-trial investigation and investigation – police competences; Use of technical equipment when conducting official duties; Arrival of state prosecutor at the crime scene and crime scene reconstruction. Lecturers at the seminar were two French experts: Mr Jean Cristophe Muller, the Public Prosecutor at the Higher Court in Peau and Mr Antoine Leroy, the Public Prosecutor from Carcasssone, as well as a local expert Mrs Vesna Jovićević, the Supreme Public Prosecutor in Podgorica. The seminar was attended by 22 participants (lecturers and organizers not included), out of whom: 9 representatives of prosecution offices (the Basic Public Prosecutor from Bar, a deputy and an advisor; the Basic Public Prosecutor from Kotor; 2 deputies from the Basic Public Prosecutor’s Office in Ulcinj; the Basic Public Prosecutor from Herceg Novi and a deputy; Deputy High Public Prosecutor from Bijelo Polje), 4 representatives of Judiciary (a judge and an advisor from the Basic Court in Ulcinj;a judge from the Basic Court in Bar;a judge from the Basic Court in Kotor), 2 representatives of the Bar and 7 representatives of Police Administration.
- 14 - 15 April 2011, Podgorica – The 3rd two-day training module for attendants of the Initial Education Programme was held in the Judicial Training Centre. The general topic was criminal law, with special emphasis put on: investigation; investigation powers of public prosecutors and judges; recess of investigation; completion of investigation; evidentiary actions (who is authorised to take those actions and in which manner). Lecturers were judges of the Supreme Court of Montenegro: Mr Radule Kojović and Mr Petar Stojanović.
- 19 April 2011, Podgorica – In the premises of the Judicial Training Center, a coordination meeting was held with a view to preparation of the seminar on ‘’Writing of Petitions and Decisions According to new Requests of the CPC’’, which was to be organized under the EU Twinning project “Implementation of the Criminal Procedure Code” between Montenegro and France. The meeting included a summary of the training activities carried out under the aforementioned Project, with a special emphasis put on their shortcomings and the manners of the possible improvement of the future trainings under the Project thereof. The meeting was attended by Mr Dominique Duran, Resident Twinning Advisor; Mr Martin Genet, Deputy Public Prosecutor in Lorient; Mrs Marie-Francoise Verdun, a judge of the Appellate Court in Paris, as well as representatives of Montenegrin judiciary: Mr Radule Kojović, a judge of the Supreme Court of Montenegro;Mr Petar Stojanović, a judge of the Supreme Court of Montenegro; Mr Veselin Vučković, Deputy Supreme Public Prosecutor and Mrs Maja Milošević, Executive Director of the Judicial Training Center of Montenegro. National representatives urged the French experts, who attend the seminars in capacity of lecturers, to focus on similar solutions, as far as this field is concerned, and to prepare case studies that could be analyzed by attendants in the course of trainings, because this approach to work (through case studies) proved to be the most productive. Likewise, French experts should prepare useful materials which would provide further explanations about particular institutions of CPC. They also pointed out that, apart from the topics envisaged by following trainings, more topics of vital importance should also be included: 1) Role of judges for investigation in investigation procedure: - temporary seizure of items, property gain and assets; - financial investigations; -extended seizure of property; - secret surveillance measures (as grounds for seizure of property); reasons for imposing detention;2) Secret surveillance measures (photographs, audio-visual records used as evidence in procedure;
19 random records (how to use them as evidence?) and measures for ensuring presence of the accused person, including detention (reasons for imposing detention); 3) Plea bargaining and the confirmation of indictment;4)Main hearing; evidentiary actions, writing and enforcement of judgement.
- 20 April 2011, Podgorica – The Supreme Court and the Judicial Training Centre organised a seminar entitled: “European Convention on Human Rights with special emphasis on Article 6 (Right to Fair Trial) and Article 10 (Freedom of Expression)”. The seminar was aimed at improving knowledge in this area and getting familiar with the current practice of the European Court of Human Rights as regards Articles 6 and 10 and consequently national courts as well. The participants were addressed by the Director of the Center and Mrs Vesna Medenica, the President of the Supreme Court of Motenegro,who emphasized the importance of the knowledge of the case law of the European Court of Human rights.Lecturers were relevant local experts in this area - Zoran Pažin, Representative of Montenegro before the European Court of Human Rights, and Siniša Bjeković, Centre for Human Rights at the Faculty of Law in Podgorica. Seminar was attended by 22 participants (not including lecturers and organisers) from the following courts: 7 judges from the Supreme Court, 5 judges from the High Court in Podgorica, 1 judge of the Appellate Court, president and 5 judges of the Basic Court in Podgorica and 3 judges of the Basic Court in Niksic. Participants were presented the certificates.
- 20-21 April 2011, Podgorica – The 4th two-day training module for attendants of the Initial Education Programme was held in the Judicial Training Centre. The topics discussed were generally related to criminal law. On the first day, the following topics were addressed: provisional seizure of objects and property gain; confiscation of property whose legal origin was not proved; bona fide protection of third parties; the damaged party and seizure of property gain.The lecturer was Mrs Sonja Bošković, Deputy Public State Prosecutor. On the second day, the following topics were addressed:secret surveillance measures; measures for ensuring presence of the accused person and for undisturbed conducting of the criminal procedure. Lecturers were judges of the Supreme Court of Montenegro: Mr Radule Kojović and Mr Petar Stojanović
- 28-29 April 2011, Budva/Bečići – In cooperation with the OSCE Mission to Montenegro and the US Embassy in Montenegro, the Centre organised seminar on “Findings and opinions of court experts: Judicial and medical treatment of gunshot wounds and DNA analysis in forensic practice”. The seminar was aimed at showing prosecutors and judges: in which way they could resolve dilemmas that might occur when determining the expertise, to which extent the facts should be determined through expertise, expertise methods for more accurate determination of expert’s profile and more purposeful evaluation of a finding and opinion as specific evidence. Concrete topics: Judicial and medical treatment of gunshot wounds; Determining characteristics of gunshot wounds: shooting wound, shooting-through wound and lightly wounded; Resolving of dilemmas – murder or suicide; Characteristic cases from the practice of a judicial and medical expert related to criminal offences committed with firearms; Relation between medicine, ballistics and criminal chemistry, resolution of criminal offences committed with firearms; Determining shooting range on clothing and other objects; Criminal and chemical treatment of characteristics of entrance/exit wounds; Application of modern methods during criminal and chemical expertise of wounds made by firearms; Processing of characteristic cases related to wounds made by firearms: Račak (Kosovo, 1999) and Topčider (Serbia, 2004); DNA analysis in forensic practice; Biological samples; Interpretation of results of DNA analysis; Practical examples. Lecturers in the seminar were: Prof. dr Dragana Čukić, Doc. dr Aleksandar Ivanović and mr. sc. Sandra Kovačević. The seminar was attended by 22 participants (lecturers and organizers not included), out of whom:5 court presidents (the Basic Court of Podgorica, the Basic Court of Nikšić, the Basic Court of Rožaje, the Basic Court of Berane and the Basic Court of Plav), 6 judges (the High Court of Podgorica, the Basic Court of Podgorica, the Basic Court of Nikšić, the Basic Court of Rožaje, the Basic Court of Kotor), 4 public prosecutors ( the Basic Public Prosecutor from Ulcinj, the Basic Public Prosecutor from Nikšić, the Basic Public Prosecutor from Kolašin and the Basic Public Prosecutor from Kotor), 4 deputy prosecutors (High Public Prosecutor’s Office in Bijelo Polje, High Public Prosecutor’s Office in Podgorica, Basic Public Prosecutor’s Office in
20 Podgorica, Basic Public Prosecutor’s Office in Bijelo Polje) and 3 representatives of the Bar (lawyers from Podgorica).
MAY 2011
- 5- 6 May 2011, Budva/Bečići – Under the Plan for training civil servants, holders of judicial office and employees from other independent bodies in the area of providing protection against discrimination, the first workshop on “General legal regime for prohibition of discrimination” was held . The workshop was organised in cooperation with the Ministry for Human and Minority Rights, OSCE Mission to Montenegro, CEDEM and Judicial Training Centre. This was the first general workshop, which will be followed by three thematic workshops, for same participants who will be given certificates at the end of training. These workshops are organised with the view to strengthening capacities of all state institutions involved in implementation of the Law on Prohibition of Discrimination. The first training was focused on intolerance towards marginal groups in general. Concrete topics addressed at the workshop were: equality, tolerance and prohibition of discrimination; legal definition of discrimination (5 constitutive elements defining discrimination); forms of discriminatory behaviour (direct and indirect discrimination, victimisation, mobbing, hate speech, severe forms of discrimination i.e. cross forms and multiple forms); typical cases of discrimination in particular segments of social life and cases of discrimination against particular categories of persons; mechanism of legal protection against discrimination. Lecturers at the workshop were: Saša Gajin, regional expert for discrimination issues and Siniša Bjeković, local expert from the Centre for Human Rights, Faculty of Law, Podgorica. The workshop was attended by 29 participants, out of whom 9 representatives of the judiciary: 4 judges (from Basic Courts in Podgorica, Bar, Kolašin and Bijelo Polje) and 5 representatives of state prosecution (2 Deputy Basic State Prosecutors from Cetinje and Bijelo Polje, 1 associate from the Basic State Prosecutor’s Office in Bar and two trainees from the Basic State Prosecutor’s Office in Podgorica). Apart from representatives of the judiciary, the workshop was also attended by representatives of Ministry of Health, Police Administration, Ministry of Sustainable Development and Tourism, Ministry of Education and Sports, Ombudsman’s Office, Misdemeanour Panel of Montenegro, NGO Juventas and LGBT Forum “Progres”.
- 5- 7 May 2011, Budva/Bečići – In cooperation with the OSCE Mission to Montenegro and the U.S Embassy in Podgorica, the Judicial Training Centre organised a seminar on 7 May in Budva/Becici on the topic of “Train the Trainers: Vocational Training on Implementation of the Criminal Procedure Code”.The lecturers were high representatives of the Croatian judicial system and trainers from the Judicial Academy of the Republic of Croatia: Mrs Ana Garačić, a judge of the Supreme Court of Croatia and the President of the Criminal Section of the Supreme Court of Croatia;Mr Dragan Novosel, Deputy Supreme Public Prosecutor of Croatia and Mr Damir Kos, a judge of the Supreme Court of Croatia.The aim of the training was to get the selected representatives of the judiciary, prosecution office, police and lawyers acquainted with the concept of workshops (simulation of a criminal procedure through all phases of the procedure) that were organised for holders of judicial office in Croatia, so that the same concept could be applied in the implementation of trainings for the holders of judicial office in Montenegro. Concrete topics and presentations:Implementation of the new Criminal Procedure Code - challenges in practice;Determining the role of participants;Defining the file: the base for the exercise – criminal file – defendant Marijana Gović for the criminal offence of attempted murder, referred to in Article 90, paragraph 1, in conjunction with Article 33 of the Criminal Law; Workshop – simulation of a criminal offence, practicing of police and public prosecutors – reporting at the police station, crime scene investigation, dissemination of information to the Public Prosecutor; State attorney’s decisions on criminal charges; investigations, evidentiary hearing, evidence gathering procedures;Presentation of the first interrogation of accused persons, witnesses, exercise for detention and investigative detention, evidence gathering procedures,
21 evidentiary hearing, indictment drafting, submission of indictment to a judge of the investigation, formal control, submission of indictment for a reply, submission of files to a court where hearing is held;From indictment to committal for trial (Article 341 and Article 366 of the CPC);Consensual form – bargaining - making judgments on the basis of agreement between the parties; Presentation of a bargaining method; Judgement of the Accusatory Council; Workshop – task of the Accusatory Council;Deciding on the confirmation of the indictment; Possible decision on investigative detention; Possible pre- trial and decision on evidence not in line with the law; pleading (especially if he/she admits); withdrawal of indictment and possible amendments to the indictment, confirmation or non-confirmation of indictment;Creating files for hearing and referral to a trial;From the preparatory hearing through hearing to first instance ruling; Workshop – Discussion – denial of guilt – cross-examination.The training was attended by 17 participants, out of which: 3 judges from the Suppreme Court of Montenegro; 6 representatives from the Prosecutorial Organisation (High Public Prosecutor in Podgorica, High Public Prosecutor in Bijelo Polje, Basic Public Prosecutor in Podgorica, Kotor, Bijelo Polje and Deputy of the Basic Public Prosecutor in Niksic), 4 representatives of the Police Administration and 3 lawyers.
- 9 May 2011,Podgorica – The Supreme Court of Montenegro and the Judicial Training Center organized a seminar for holders of judicial office of central and southern region, with the theme of:’’The EU Law – Sources of the European Law’’. The seminars was aimed at getting the participants acquainted with the field of the European law, and it was the specific topic discussed in the seminar. The lecturer was Mr Zoran Žižić, a local expert in the field of the European law. The seminar was attended by 16 participants (lecturers and organizers not included), out of whom: 5 deputy prosecutors ( 1 from the High Public Prosecutor’s Office in Podgorica; 2 from the Basic Public Prosecutor’s Office from Podgorica; 1 from the Basic Public Prosecutor’s Office from Kotor), an advisor from the Basic Public Prosecutor’s Office in Nikšić and 11 judges (1 from the Supreme Court of Montenegro; 3 from the Basic Court in Podgorica; 2 from the Basic Court in Nikšić; 1 from the Basic Court in Kotor; 1 from the Basic Court in Herceg Novi; 2 from the Basic Court in Bar and 1 from the Basic Court in Ulcinj).
- 9-10 May 2011, Podgorica – The 5th two-day training module for attendants of the Initial Education Programme was held in the Judicial Training Centre. Topics: criminal law, with special emphasis put on: indictment and revision of indictment, and plea bargaining. Lecturers were judges of the Supreme Court of Montenegro: Mr Petar Stojanović and Radule Kojović.
- 11-12 May 2011, Ohrid/Macedonia – Representatives of the Judicial Training Centre (executive director and one advisor) participated in the regional workshop on trainings in the judiciary entitled “Regional cooperation in criminal justice: Strengthening capacities in the fight against cyber crime”, which was organised under the joint project of the European Union and the Council of Europe. The workshop was also attended by holders of judicial office and representatives of judicial training institutions from Croatia, Federation of Bosnia and Herzegovina, Republic of Srpska, Serbia, Kosovo, Albania, Turkey and Macedonia. Results of this regional workshop are as follows: agreement was achieved as regards structure of basic and advanced training modules that will be developed through this project (Training Manual); working group was established (with members from each delegation) and it will be responsible for finalising training modules in order to adjust them to each participating country; agreement was achieved as regards establishment of a regional pilot centre for training in the judiciary on cyber crime and electronic data, which be situated in Zagreb; tentative schedule of pilot trainings was prepared and recommendations/measures given by each delegation on the required steps at the national level.
- 12-13 May 2011, Bijelo Polje – Under the Twinning project “Implementation of the Criminal Procedure Code” between Montenegro and France, seminar on “Role of prosecutors and judges in pre-trial investigation and investigation (with special emphasis on EU member states’ experiences)” was organised for judges and prosecutors. The seminar was organised in cooperation with the Agency for International Legal Cooperation of France, Ministry of Justice of
22 Montenegro, International Management Group (IMG) and the Judicial Training Centre of Montenegro. More specific topics addressed in the seminar: Role of prosecutors and judges in pre-trial investigation and investigation pursuant to the new Criminal Procedure Code; Role of judges in pre-trial investigation and investigation pursuant to the new Criminal Procedure Code; Organisation of 24-hour phone lines in the state prosecution offices and police; record keeping – French experience; Methodology of communication between police, state prosecution offices and judiciary, report on progress made in investigation, orders issued by state prosecutors and role of a judge; Pre-trial investigation and investigation – police competences; Use of technical equipment in discharge of official duties; Arrival of state prosecutor at the crime scene and crime scene reconstruction. Lecturers at the seminar were French and local experts: Mrs Laurent Becuywe, Deputy Public Prosecutor in Grenobles, Mrs Narie Grandjouan, Deputy Public Prosecutor in Monptellier, Mr Gilles Charbonnier, Deputy Public Prosecutor in Evry, Mr Veselin Vučković, Deputy Supreme Public Prosecutor of Montenegro and Mr Petar Stojanović, a judge of the Supreme Court of Montenegro. The seminar was attended by 38 participants (lecturers and organizers not included): 23 representatives of the Prosecutorial Organisation of Montenegro (the High Public Prosecutor in Bijelo Polje and 4 deputies; Basic Public Prosecutor in Rožaje and a deputy; 4 deputies and an advisor from the Basic Public Prosecutor’s Office in Berane; 6 deputies from the Basic Public Prosecutor’s Office in Bijelo Polje; the Basic Public Prosecutor in Plav and a deputy; the Basic Public Prosecutor in Plav and 3 deputies), 11 representatives of the judiciary ( a judge of the High Court in Bijelo Polje, a judge of the Basic Court in Bijelo Polje; the president and a judge of the Basic Court in Plav; the president and 2 judges of the Basic Court in Berane; the president and an advisor of the Basic Court in Žabljak, an advisor from the Basic Court in Rožaje) and for officials from the Police Administration.
- 15-21 May 2011, Bordeaux,Paris/France-– Under the Twinning project “Implementation of the Criminal Procedure Code” between Montenegro and France, and in cooperation between the Agency for International Legal Cooperation of France and the Ministry of Justice of Montenegro, study visit to French judicial authorities was organised. It was focused on the role of public prosecution offices in investigating criminal offences, relations between prosecution offices and police, role of investigative judges in the investigation stage, role of barristers in the pre-trial procedure, and training policy conducted by the French National School for the Judiciary in Bordeaux and Paris in the process of implementing reforms in the criminal procedure. Fifteen (15) persons participated in the study visit, out of which: 11 from the Prosecutorial Organisation (Deputy Supreme Prosecutor of Montenegro, High State Prosecutors from Podgorica and Bijelo Polje, Basic State Prosecutors from Podgorica, Pljevlja, Bijelo Polje, Cetinje, Ulcinj, Kotor, Niksic and Herceg Novi), 2 representatives of the judiciary (a judge from the High Court in Podgorica and president of the Basic Court in Bar), 1 representative from the Police Administration and director of the Judicial Training Centre. Pursuant to the programme of the study visit, the participants visited the French National School for the Judiciary in Bordeaux (ENM) in which initial training is conducted (lasting for 2 and a half years), as well as to the Basic Court and Appellate Court in Bordeaux.The French National School for the Judiciary in Paris, in which continuous training is conducted, was also visited, as well as the Court of Cassation (Prosecution Office within Court of Cassation) and to the Appellate Court (Prosecution Office within the Appellate Court), Basic Court (Prosecution Office) in Senlis (similar to the courts in Montenegro in terms of size).
- 16-17 May 2011 – The Judicial Training Centre organised seminar on “Exercise of human rights before judicial institutions in Montenegro – Access to justice: effective remedy – right to constitutional appeal – international standards and regional experience” in Budva/Bečići, in cooperation with CEDEM (Centre for Democracy and Human Rights), AIRE Centre from London, OSCE (Organisation for Security and Cooperation in Europe) Mission to Montenegro and IMG, and with the support of German Foundation Konrad Adenauer (Rule of Law Programme for South East Europe, with headquarters in Bucharest). Lecturers were national, regional and international experts: Mrs. Branka Lakočević, Assistant Minister of Justice of Montenegro; Mr. Kirill Koritev, International Legal Expert, AIRE Centre; Mr. Vladan Joksimović, Legal Consultant, Council of Europe’s Office in Belgrade; Ms. Desanka Lopičić, Vice President of
23 the Constitutional Court of Montenegro; Prof. dr. Arne Mavčić, Dean of the European Faculty of Law, Nova Gorica, Slovenia; Mr. Zoran Pažin, Representative of Montenegro before the European Court of Human Rights. More concrete subjects discussed at the seminar were: constitutional appeal in Montenegro – normative framework; what makes a legal remedy effective within the meaning of Articles 13 and 35 of the European Convention on Human Rights; regional overview of effective legal remedies, with special emphasis put on duration of proceedings – case study: Constitutional Court of the Republic of Serbia; role of the Constitutional Court of Montenegro; aspects of regional approach to constitutional appeal – experience of Slovenia; latest case law and unresolved proceedings conducted against Montenegro on the grounds of violation of Articles 6 and 13 of the European Convention on Human Rights; effective legal remedies in Montenegro – modifications required for their adjustment to international standards. Apart from lecturers and organisers, the seminar was attended by 27 participants: 5 representatives of courts (judges from the Supreme Court of Montenegro, High Court in Bijelo Polje, High Court in Podgorica, Basic Court in Podgorica and Basic Court in Rožaje), representatives of the Constitutional Court of Montenegro (6), Ministry of Justice of Montenegro (2), Bar Association (5), civil society organisations (6), Ombudsman (1) and the Parliamentary Committee on Constitutional Issues and Legislation (1).
- 19 May 2011 – In cooperation with OSCE (Organisation for Security and Cooperation in Europe) Mission to Montenegro, the Judicial Training Centre organised round table on “Detention and its alternatives” in Podgorica. It was aimed at stimulating discussion on reasons for imposing detention arising from the Criminal Procedure Code, on possibilities of using alternatives to detention with guarantees as well as on harmonisation of case law in this area. Lecturers were: Mr. Miloš Bošković, Team Leader of the OSCE Court Monitoring Project; Mr. Petar Stojanović, Judge of the Supreme Court of Montenegro; Mr. Milan Škulić, Professor of Criminal Justice at the Faculty of Law, University of Belgrade; and Mr. Peter Best, Professor at the Faculty of Law, Leibniz-University of Hannover (Germany). More concrete subjects discussed at the round table were: presentation of OSCE thematic report “Frequency and Justifiability of Detention”; detention: problems, costs and possible solutions; rulings, rationales and practice in imposing detention: implementation of Title VIII of the new CPC: how to ensure that detention is only an exemption; challenges in the previous phase of proceedings, alternative measures and alternative sanctions. The round table was attended by 38 participants (lecturers, organisers and guests included), out of whom 23 representatives of the judiciary, i.e.: 7 representatives of public prosecution offices (Deputy High Public Prosecutor from Podgorica, Basic Public Prosecutor from Bar, Deputy High Public Prosecutor from Bijelo Polje, Deputy Prosecutor and advisor from the Basic Public Prosecutor’s Office in Cetinje, and 2 Deputy Basic Public Prosecutors from Nikšić), 10 representatives of courts (1 judge from the High Court in Podgorica, 2 judges from the Appellate Court, President and 1 judge from the Basic Court in Podgorica, presidents of Basic Courts in Bijelo Polje and Žabljak, 1 judge from the Basic Court in Pljevlja, 1 judge from the Basic Court in Nikšić and 1 judge from the Basic Court in Ulcinj), and 6 representatives of the Bar Association of Montenegro.
- 25 May 2011 – The first meeting of the Steering Committee of Twinning project “Implementation of the Criminal Procedure Code” between Montenegro and France was held in premises of the Judicial Training Centre in Podgorica. Ms. Jelena Lučić welcomed the participants on behalf of the Ministry of Justice of Montenegro and gave introductory remarks. Mr. Philippe Dorcet, Member State Project Leader, made the participants acquainted with objectives of the meeting. The report on implemented and planned activities, accompanied by the financial report was presented by Mr. Dominique Durand, Resident Twinning Advisor, and Mrs. Catherine Brou, Agency for International Legal Cooperation of France (Acojuris). The meeting was also attended by representatives of the Delegation of the European Union to Montenegro – Mr. Nicola Bertolini, Head of the Operations Section, and Mr. Alessandro Campo, Task Manager – as well as by Mr. Petar Stojanović, Judge of the Supreme Court of Montenegro, Ms. Vesna Jovićević, High Public Prosecutor in Podgorica, Ms. Maja Milošević, Executive Director of the Judicial Training Centre, and Ms. Milica Perišić, Twinning Project Assistant.
24 - 25-26 May 2011 – Under the Twinning project “Implementation of the Criminal Procedure Code” between Montenegro and France, seminar on “Training on drawing up petitions and rulings in accordance with requirements of the new CPC” was organised in Podgorica for judges and prosecutors from the central region of Montenegro. The seminar was jointly organised by the Agency for International Legal Cooperation of France, Ministry of Justice of Montenegro, International Management Group (IMG) and Judicial Training Centre of Montenegro. Lecturers were national and French experts: Mr. Alexis Bouroz, Public Prosecutor in Cherbourg, Ms. Marie Francoise Verdun, Judge of the Appellate Court in Paris, Mr. Veselin Vučković, Deputy Supreme Public Prosecutor of Montenegro, Mr. Radule Kojović, Judge of the Supreme Court of Montenegro, and Mr. Petar Stojanović, Judge of the Supreme Court of Montenegro. More concrete subjects addressed at the seminar were: role of investigative judge in the preliminary investigation (French judge for detention and release); requests of prosecutors; putting under judicial control; appeal against ruling; temporary seizure of objects, proceeds from crime and property; treatment of suspicious objects; putting objects into a court deposit; seizure of vehicles, narcotics (samples taking) and money, and their depositing to a state authority in charge of managing seized property (French experiences); destruction of weapons, narcotics and entry of seized money into the state budget; request for return of seized objects; alternative dispute settlement; methods of alternative dispute settlement: plea bargaining, deferral of criminal prosecution, rejection of criminal charges on the grounds of fairness and sanctioning without main hearing; comparison of Article 272 of the Montenegrin Criminal Procedure Code with the relevant Article of the French Code. Apart from lecturers and organisers, the seminar was attended by 15 participants, out of whom: 6 representatives of public prosecution offices (Deputy High Public Prosecutor from Podgorica, Deputy Prosecutor and one advisor from the Basic Public Prosecutor’s Office in Nikšić, 2 Deputy Basic Public Prosecutors from Podgorica and Basic Public Prosecutor from Cetinje), 6 representatives of courts (1 judge from the High Court in Podgorica, 2 judges from the Basic Court in Podgorica, 2 judges from the Basic Court in Nikšić, and 1 associate from the Basic Court in Danilovgrad) and 3 officers from the Police Administration.
- 26 May 2011 – The Supreme Court of Montenegro – Judicial Training Centre organised seminar on “European Convention on Human Rights, with special emphasis on Article 6 (Right to free trial) and Article 10 (Freedom of expression)” in Kolašin for judges from the northern region of Montenegro. The seminar was aimed at improving knowledge in this area and getting acquainted with current case law of the European Court of Human Rights related to Articles 6 and 10 and corresponding case law of domestic courts. Lecturers were relevant domestic experts in this area: Mr. Zoran Pažin, Representative of Montenegro before the European Court of Human Rights, and Mr. Siniša Bjeković, Centre for Human Rights, Faculty of Law, Podgorica. The seminar was attended by 18 participants (not including lecturers and organisers), out of whom: 7 judges from the Basic Court in Bijelo Polje; president and one associate from the Basic Court in Žabljak; 4 judges from the Basic Court in Pljevlja; president and 2 judges from the Basic Court in Berane; and president and one judge from the Basic Court in Plav. Participants were presented with certificates of participation.
- 27 May 2011 – The Supreme Court of Montenegro – Judicial Training Centre organised seminar on “EU law – Sources of European legislation” in Kolašin for judges and prosecutors from the northern region of Montenegro. The seminar was aimed at transferring and improving knowledge of judges and prosecutors about EU law. More concrete subject was sources of European legislation. Lecturer was Mr. Zoran Žižić, national expert in European law. The seminar was attended by 14 participants (not including organisers and lecturers), out of whom: 9 representatives of public prosecution offices (1 Deputy Basic Public Prosecutor from Rožaje, 2 Deputy Basic Public Prosecutors from Berane, 1 Deputy High Public Prosecutor from Bijelo Polje, 1 Deputy Basic Public Prosecutor from Bijelo Polje, and Basic Public Prosecutor from Pljevlja and his 3 Deputies) and 5 representatives of courts (2 associates from the High Court in Bijelo Polje and 3 judges from the Basic Court in Berane).
25 - 30-31 May 2011 – The 6th two-day training module for attendants of the Initial Training Programme was held in premises of the Judicial Training Centre in Podgorica. Covered topics related to criminal law, with special emphasis put on: main hearing, conducting of main hearing, evidentiary actions in the main hearing, minutes from the main hearing, procedure for imposing sanctions without main hearing, shortened procedure and issuing of judicial warning. Lecturers were Mr. Petar Stojanović and Mr. Radule Kojović, judges of the Supreme Court of Montenegro.
- 30-31 May 2011 – Under the Twinning project “Implementation of the Criminal Procedure Code” between Montenegro and France, seminar on “Training on special investigative techniques (including financial analysis and use and secret surveillance measures) and main hearing” was organised in Podgorica for judges and prosecutors from the central region of Montenegro. The seminar was organised in cooperation with the Agency for International Legal Cooperation of France, Ministry of Justice of Montenegro, International Management Group (IMG) and the Judicial Training Centre of Montenegro. Lecturers were French and national experts: Mr. Louis di Guardia, former Public Prosecutor at the Supreme Court of France, Mr. Laurent Davenas, Public Prosecutor at the Supreme Court of France, Mr. Veselin Vučković, Deputy Supreme Public Prosecutor of Montenegro, Mr. Radule Kojović, Judge of the Supreme Court of Montenegro, and Mr. Petar Stojanović, Judge of the Supreme Court of Montenegro. More concrete topics addressed at the seminar were: judicial aspect of secret surveillance measures; reasons for imposing secret surveillance measures; types, implementation and duration of secret surveillance measures; investigative techniques and forensic examination upon the court’s order – evidentiary value, evidentiary restrictions for particular actions, public and private institutions, conflict of interest, different categories; investigations, forensic examinations (medical findings, analysis of DNA samples, testing to alcohol and drugs, psychiatric examination); investigations, forensic examinations (construction material, transport, natural disasters, telephony); investigative techniques in economic and financial matters; ordering forensic examination by a prosecutor – requirements of the new CPC. The seminar was attended by 25 participants, out of whom: 10 representatives of public prosecution offices (6 Deputy High Public Prosecutors from Podgorica, Basic Public Prosecutor from Cetinje, 2 Deputy Basic Public Prosecutors from Nikšić, and 1 Deputy Basic Public Prosecutor from Podgorica); 9 representatives of courts (1 judge from the High Court in Podgorica, 5 judges from the Basic Court in Podgorica, 1 judge from the Basic Court in Nikšić, 1 judge from the Basic Court in Cetinje and 1 associate from the Basic Court in Danilovgrad), 3 officers from the Police Administration and 3 representatives of the Bar Association of Montenegro.
JUNE 2011
- 2-3 June 2011 – Under the Training Programme for Judges and Prosecutors, the Judicial Training Centre, in cooperation with the UNDP (United Nations Development Programme) Office in Montenegro and the Human Resources Management Administration, organised seminar on the fight against corruption entitled “Values, relations between genders, and corruption” in Kolašin. The seminar was organised for judges and prosecutors from the northern region of Montenegro and its general objective was to improve their knowledge about personal and institutional capacity from the sociological, cultural, political and anthropological point of view. Lecturers at the seminar were: PhD Ratko Božović, Full Professor of Theory of Culture, Faculty of Political Sciences in Podgorica; PhD Čedomir Čupić, Full Professor of Sociology and Political Anthropology, Faculty of Political Sciences and Faculty of Economics in Belgrade, member of the Agency for Fight against Corruption of Serbia; PhD Zoran Stojiljković, Associate Professor of Political Sociology, Faculty of Political Sciences in Belgrade and in Podgorica, President of the Managing Board of the Agency for Fight against Corruption of Serbia; and Ms. Nada Drobnjak, Chair of the Committee on Gender Equality of the Parliament of Montenegro. More concrete subjects addressed at the seminar were: relations between genders and gender equality; anachronism in male-female relations with special emphasis put on misogyny; corruption and institutions; weaknesses in corruption investigations; traditional patterns and
26 corruption; ethic crisis – road to corruption; integrity and responsibility; corruption and political parties. The seminar was attended by 13 participants (not including lecturers and organisers), out of whom: 3 representatives of public prosecution offices (Deputy Basic Public Prosecutor from Cetinje and 2 Deputy Basic Public Prosecutors from Podgorica), 7 representatives of courts (2 associates from the High Court in Bijelo Polje, 1 trainee from the Basic Court in Bijelo Polje, 2 judges from the Basic Court in Plav, 2 trainees from the Basic Court in Kolašin), and 3 representatives of state administration bodies (Ministry of Defence, Public Property Administration and Ministry of Finance).
- 3 June 2011 – Handover of technical and office equipment, donated by the U.S. Embassy to Montenegro, was carried out in premises of the Judicial Training Centre in Podgorica. Namely, the U.S. Embassy to Montenegro, as age-long partner of the Centre, provided technical and office equipment (three laptops, photocopier, fax machine, scanner, DVD player and TV) for the purpose of making the work in the Judicial Training Centre easier.
- 7 June 2011 – Within the Expert Mission for Rule of Law and Human Rights – Judicial Efficiency, Mr. Luca Perilli, Italian expert and head of the Mission, had a meeting with Executive Director of the Judicial Training Centre in Podgorica. The meeting was held in Judicial Training Centre’s premises and it was focused on method of operation of the Centre (structure, managing bodies, budget, method of communication with courts and public prosecution offices), training of judges and prosecutors (initial and continuous, selection of participants), planning of trainings, annual programmes, etc.
- 8 June 2011 – Within the Expert Mission for Rule of Law and Human Rights – Fight against Corruption, Mr. Cornelius Sello, German expert, and Ms. Maya Koteva, Bugarian expert, as heads of the Mission, had a meeting with Executive Director of the Judicial Training Centre, Director of the Directorate for Anti-Corruption Initiative and Deputy Director of the Customs Administration. The meeting was held in the Judicial Training Centre’s premises in Podgorica. It was focused on training in the fight against corruption for relevant authorities (judges, prosecutors, police, tax authorities and customs authorities).
- 8 June 2011 – Under the Twinning project “Implementation of the Criminal Procedure Code” between Montenegro and France, conference on “International legal assistance in criminal matters within the European Union” was held in Podgorica. The conference was jointly organised by the Agency for International Legal Cooperation of France, Ministry of Justice of Montenegro, International Management Group (IMG) and the Judicial Training Centre of Montenegro. Lecturers were French experts: Mr. Philippe Dorcet, Vice President of the Court in Marseille, Mr. Jean Marie Huet, Prosecutor in the Appellate Court in Aix-en-provence, Mr. Samuel Lainé, Vice President of the Basic Court in Quimper, Mr. Juan Echeveria Guisasola, Prosecutor from Barcelona, Mr. Alain Gaudino, Prosecutor-Expert from Zagreb. More concrete topics addressed at the conference were: joint investigation teams; European Arrest Warrant – balance and perspectives; European Arrest Warrant – track record and perspective; European Arrest Warrant – case studies; linguistic community and presentation of international legal assistance in criminal matters; IberRed network; future cooperation under international legal assistance in criminal matters within the European Union; EUROJUST – case studies. The conference was attended by 15 participants (not including lecturers and organisers), out of whom: 2 representatives of public prosecution offices (Deputy High Public Prosecutor from Podgorica, Deputy Basic Public Prosecutor from Podgorica); 10 representatives of courts (2 judges from the High Court in Podgorica, 5 judges from the Basic Court in Podgorica, 1 judge from the Basic Court in Nikšić, 1 judge from the Basic Court in Cetinje, and 1 associate from the Basic Court in Danilovgrad); 1 representative of the Police Administration and 1 representative of the Ministry of Justice.
- 8-9 June 2011 – The Supreme Court of Montenegro – Judicial Training Centre, in cooperation with CEDEM (Centre for Democracy and Human Rights), UNDP (United Nations Development Programme) Office in Montenegro and AIRE Centre from London, organised seminar on “Right
27 to fair trial and role of media in accordance with the European Convention on Human Rights and the Criminal Procedure Code of Montenegro” in Budva/Bečići. The seminar was aimed at enhancing efficiency in criminal procedures and improving exercise of human rights before judicial institutions in Montenegro, with special emphasis put on the right to fair trial and freedom of expression – relations between the judiciary and media. Lecturers at the seminar were national and foreign experts: Mrs. Branka Lakočević, Assistant Minister of Justice of Montenegro; Ms. Nuala Mole, Executive Director of AIRE Centre from London; Mr. Vladan Mićunović, Chief Editor of TV Vijesti; Mr. Vladan Đuranović, barrister from Podgorica. More concrete subjects addressed at the seminar were: new Criminal Procedure Code of Montenegro – key amendments and challenges; pre-trial detention and investigation pursuant to the European Convention on Human Rights – role of courts and prosecution offices; right to fair trial under the European Convention on Human Rights – role of judges in ensuring compliance of procedural presumptions with international standards, role of prosecutors and defence counsels in the criminal procedure; informing on criminal procedures: freedom of expression, right to fair trial and right to respect for private and family life in accordance with the European Convention on Human Rights; role of journalists pursuant to the legislation currently in force in Montenegro; changes to be made with the view to implementing the new Criminal Procedure Code – role of courts, prosecution offices and defence; measures to be taken prior to amending the criminal laws. The seminar was attended by 30 participants (not including lecturers and organisers): 10 representatives of courts (spokesperson of the Supreme Court of Montenegro; spokesperson, associate and judge from the Basic Court in Podgorica; judge of the Basic Court in Bar; associate from the Appellate Court; 2 advisors from the High Court in Bijelo Polje; and associate from the High Court in Podgorica), Deputy Supreme Public Prosecutor, representatives of NGOs and media representatives.
- 9 June 2011 – The eight coordination meeting of donors was held in Podgorica. The meeting was organised by the Ministry of Justice of Montenegro, with the support of UNDP Office in Montenegro. Apart from representatives of international organisations and embassies, the meeting was also attended by representatives of the Judicial Training Centre (Executive Director) and of the Judicial Council. Objective of the meeting was to enable the representatives of international organisation to present current projects and planned programmes, in order to avoid overlapping of programmes and provide better coordination of activities.
- 9-10 June 2011 – The 7th two-day training module for attendants of the Initial Training Programme on civil law was held in premises of the Judicial Training Centre in Podgorica. Topics covered referred to civil law, or more concretely to: complaint; types of complaint; contents of complaint; preliminary revision of complaint and measures for eliminating deficiencies in a complaint; response to complaint; procedural, legal and substantial objections. Lecturers were Ms. Julka Badnjar and Ms. Vesna Begović, judges of the Supreme Court of Montenegro.
- 13 June 2011 – The Supreme Court of Montenegro – Judicial Training Centre organised the second seminar for judges and prosecutors from the northern region of Montenegro with the topic “EU law – Basis of European legislation” in Kolašin. The seminar was aimed at improving the knowledge of judges and prosecutors of the EU law. More concrete subjects addressed at the seminar were: area of justice, freedom and security; cultural, historic and religious heritage of Europe (united in diversity); principle of shared competences; principle of supremacy; principle of subsidiarity; principle of proportionality; Lisbon Treaty (Treaty on the European Union and the Treaty on the Functioning of the European Union); free movement of persons (including workers), goods, services and capital. Lecturer was Mr. Zoran Žižić, national expert for EU law. The seminar was attended by 14 representatives of prosecution offices: Basic Public Prosecutor, Deputy Basic Public Prosecutor and 2 advisors from Rožaje; 2 Deputy Prosecutors and 2 advisors from the Basic Public Prosecutor’s Office in Berane; 1 Deputy Prosecutor and 1 advisor from the High Public Prosecutor’s Office in Bijelo Polje; 1 advisor from the Basic Public Prosecutor’s Office in Bijelo Polje; and Basic Public Prosecutor, 1 Deputy Basic Public Prosecutors and 1 advisor from Pljevlja.
28 - 14 June 2011 – The kick-off meeting of the project on implementation of Aarhus Convention (Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters) in Montenegro, entitled “Capacity development for implementation of Aarhus Convention and support to development of PRTR system in South Eastern European countries” was held in premises of the Ministry of Sustainable Development and Tourism in Podgorica. The project will be implemented by the Regional Environmental Centre, in cooperation with governmental agencies and non-governmental organisations, and it will be financed by the German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety as well as by the German Federal Environment Agency, with the advisory support provided by the Environmental Protection Programme for countries of Central and Southern Europe and Central Asia. The project has three components, out of which the second component refers to the judiciary – access to justice. It includes activities on awareness raising and capacity building among judges, prosecutors, ministries’ officials, legal experts and non-governmental organisations, with a view to understanding and applying standards from Aarhus Convention relating to access to justice, stimulation of communication among institutions and stakeholders, and contribution to reduction or removal of barriers to access to justice. The meeting was attended by Director on behalf of the Judicial Training Centre. An agreement was made on cooperation that will be implemented through organisation of two-day seminar and round table for judges, prosecutors and barristers in the first half of 2012.
- 15-16 June 2011 – Under the Twinning project “Implementation of the Criminal Procedure Code” between Montenegro and France, seminar on “Training on drawing up petitions and rulings in accordance with requirements of the new CPC” was organised in Bar for judges and prosecutors from the southern region of Montenegro. The seminar was jointly organised by the Agency for International Legal Cooperation of France, Ministry of Justice of Montenegro and Judicial Training Centre of Montenegro. Lecturers were French experts: Mr. Carine Halley, Deputy Prosecutor in Lorient, and Mr. Didier Guissart, Vice President of the Basic Court in Toulon. More concrete subjects addressed at the seminar were: role of investigative judge in the preliminary investigation (French judge for detention and release); requests of prosecutors; putting under judicial control; appeal against ruling; temporary seizure of objects, proceeds from crime and property; treatment of suspicious objects; putting objects into a court deposit; seizure of vehicles, narcotics (samples taking) and money, and their depositing to a state authority in charge of managing seized property (French experiences); destruction of weapons, narcotics and entry of seized money into the state budget; request for return of seized objects; alternative dispute settlement; methods of alternative dispute settlement: plea bargaining, deferral of criminal prosecution, rejection of criminal charges on the grounds of fairness and sanctioning without main hearing; comparison of Article 272 of the Montenegrin Criminal Procedure Code with the relevant Article of the French Code. Apart from lecturers and organisers, the seminar was attended by 23 participants, out of whom: 13 representatives of public prosecution offices (Basic Public Prosecutor, 4 Deputies and 1 trainee from the Basic Public Prosecutor’s Office in Bar; Basic Public Prosecutor in Ulcinj and 2 Deputies; Basic Public Prosecutor in Kotor and 1 Deputy; 2 trainees from the Basic Public Prosecutor’s Office in Herceg Novi), 5 representatives of courts (2 judges from the Basic Court in Ulcinj; president and 1 judge from the Basic Court in Bar; 1 judge from the Basic Court in Kotor), 4 officers from the Police Administration and 1 barrister.
- 16-17 June 2011 – The 8th two-day training module for attendants of the Initial Training Programme was held in premises of the Judicial Training Centre in Podgorica. Topics covered referred to criminal law. On the first day, lectures were focused on: judgments, types of judgments and writing of a judgment – practical exercise. On the second day, lecturers commented the judgments written by attendants, pointing out their shortcomings and good features. Lecturers were Mr. Radule Kojović and Mr. Petar Stojanović, judges of the Supreme Court of Montenegro.
- 20 June 2011 – Under the Twinning project “Implementation of the Criminal Procedure Code” between Montenegro and France, seminar on “Training on special investigative techniques
29 (including financial analysis and use and secret surveillance measures) and main hearing” was organised in Bijelo Polje for judges and prosecutors from the northern region of Montenegro. The seminar was organised jointly by the Agency for International Legal Cooperation of France, Ministry of Justice of Montenegro, International Management Group (IMG) and the Judicial Training Centre of Montenegro. Lecturers were French and national experts: Mr. Louis di Guardia, former Public Prosecutor at the Supreme Court of France, Mr. Laurent Davenas, Public Prosecutor at the Supreme Court of France, Mr. Veselin Vučković, Deputy Supreme Public Prosecutor of Montenegro, Mr. Radule Kojović, Judge of the Supreme Court of Montenegro, and Mr. Petar Stojanović, Judge of the Supreme Court of Montenegro. More concrete topics addressed at the seminar were: judicial aspect of secret surveillance measures; reasons for imposing secret surveillance measures; types, implementation and duration of secret surveillance measures; investigative techniques and forensic examination upon the court’s order – evidentiary value, evidentiary restrictions for particular actions, public and private institutions, conflict of interest, different categories; investigations, forensic examinations (medical findings, analysis of DNA samples, testing to alcohol and drugs, psychiatric examination); investigations, forensic examinations (construction material, transport, natural disasters, telephony); investigative techniques in economic and financial matters; ordering forensic examination by a prosecutor – requirements of the new CPC. The seminar was attended by 33 participants (not including lecturers and organisers), out of whom: 26 representatives of public prosecution offices (High Prosecutor, 4 Deputies and 1 trainee from the High Public Prosecutor’s Office in Bijelo Polje; Basic Prosecutor, 3 Deputies, 1 advisor and 1 trainee from the Basic Public Prosecutor’s Office in Berane; Basic Public Prosecutor and its Deputy from Plav; 4 Deputy Basic Public Prosecutors from Pljevlja; 2 advisors and 1 trainee from the Basic Public Prosecutor’s Office in Rožaje; 5 Deputy Basic Public Prosecutors from Bijelo Polje); 5 representatives of courts (1 judge from the High Court in Bijelo Polje; president and 1 judge from the Basic Court in Plav; 2 judges from the Basic Court in Berane), and 2 officers from the Police Administration.
- 22-23 June 2011 – Under the training programme for civil servants, judges, prosecutors and employees of other independent bodies dealing with protection against discrimination, the workshop “Prohibition of discrimination against LGBT population” was held in Budva. The workshop was jointly organised by the Ministry for Human and Minority Rights, OSCE (Organisation for Security and Cooperation in Europe) Mission to Montenegro, CEDEM (Centre for Democracy and Human Rights) and Judicial Training Centre. It was the second workshop with the same attendants, which will be accompanied by two more thematic trainings/workshops. Attendants will be presented with certificates at the end of training. Objective of these workshops is to strengthen capacities of all state institutions in charge of implementing the Law on Prohibition against Discrimination. The second training/workshop was focused on prohibition of discrimination against LGBT population. More concrete subjects addressed in the second workshop were: case law of the European Court of Human Rights – discrimination against LGBT population; prohibition of discrimination against LGBT population in Croatia; case law of the European Court of Human Rights – all forms of discrimination; detailed study on 3 cases involving LGBT population before the European Court of Human Rights. Lecturers were: Ms. Sanja Juras, Coordinator in the Lesbian Group “Kontra” and Mr. Goran Miletić, Western Balkans Programme Director, Civil Rights Defenders. The workshop was attended by 29 participants (not including organisers and lecturers), out of whom: 9 representatives of the judiciary, i.e. 4 judges (from Basic Courts in Podgorica, Bar, Kolašin and Bijelo Polje) and 5 representatives of prosecution offices (2 Deputy Basic Public Prosecutors from Cetinje and Bijelo Polje, 1 advisor from the Basic Public Prosecutor’s Office in Bar and 2 trainees from the Basic Public Prosecutor’s Office in Podgorica). The workshop was also attended by representatives of: Ministry of Health, Police Administration, Ministry of Sustainable Development and Tourism, Ministry of Education and Sports, Ombudsman’s Office, Misdemeanour Council of Montenegro, OKC “Juventas” and LGBT Forum “Progres”.
- 22-24 June 2011 – In cooperation with UNDP (United Nations Development Programme) Office in Montenegro, OSCE (Organisation for Security and Cooperation in Europe) Mission to Montenegro,
30 U.S. Embassy in Podgorica and Human Resources Management Administration, the Judicial Training Centre organised seminar on the topic of “Investigation of criminal offences of corruption and related issues, with special emphasis put on financial investigations and seizure of property gain – experiences of the Republic of Serbia” in Budva/Bečići. This was the Training Programme no. 3, which represents a part of the Training Programme for Judges and Prosecutors in the fight against corruption in the light of the new CPC. The seminar was aimed at improving the knowledge of judges and prosecutors about investigation of criminal offences of corruption, in particular about financial investigations and seizure of property gain and proceeds from crime. Participants had the opportunity to discuss with colleagues from Serbia about solutions from the practice of the Republic of Serbia and similar solutions in Montenegro, as well as to exchange experiences through case studies and discuss new solutions from the CPC. Lecturers were relevant national and regional experts: Mr. Veselin Vučković, Deputy Supreme Public Prosecutor of Montenegro; Mr. Dimitrije Popić, Deputy Public Prosecutor for Organised Crime of the Republic of Serbia; Mr. Dragan Milošević, Judge of the High Court in Belgrade; Mr. Đuro Čepić, barrister from Belgrade; Mr. Miroslav Bašović, Judge of the High Court in Podgorica; and Ms. Dragana Đorđević, Deputy Director of the Directorate for Management of Seized Assets of the Republic of Serbia. More concrete subjects addressed at the seminar were: financial investigations and seizure of property – temporary and permanent, as regulated by the new CPC; financial investigations and seizure of property – legislative framework and state of play in Serbia from the standpoint of prosecutors; financial investigations and seizure of property – legislative framework and state of play in Serbia from the standpoint of judges; financial investigations and seizure of property – legislative framework and state of play in Serbia from the standpoint of defence counsels; investigation of criminal offences of corruption, with special emphasis put on financial investigation and seizure of property – experiences of investigative judge; seizure and management of seized property – advantages and disadvantages of the Law on Seizure of Proceeds from Crime; case studies; work in groups, discussion over concrete cases; presentation of results achieved by groups (I, II and III group). The seminar was attended by 19 participants (not including lecturers and organisers), out of whom: 9 representatives of prosecution offices (Basic Public Prosecutor from Kotor; Basic Public Prosecutor and Deputy Prosecutor from Ulcinj; Basic Public Prosecutor and Deputy Prosecutor from Herceg Novi; 1 advisor from the Supreme Public Prosecutor’s Office; 1 advisor and 2 trainees from the Basic Public Prosecutor’s Office in Podgorica), 7 representatives of courts (2 judges of the Basic Court in Podgorica; president of the Basic Court in Nikšić; 2 associates from the High Court in Bijelo Polje; president of the Appellate Court; 1 judge from the Basic Court in Kotor) and 3 representatives of the Police Administration.
- 23 June 2011 – The second Steering Committee meeting of the Twinning project “Implementation of the Criminal Procedure Code” between Montenegro and France was held in premises of the Ministry of Justice of Montenegro in Podgorica. In the introductory part, participants were welcomed by Ms. Branka Lakočević, Assistant Minister of Justice of Montenegro, whereas Mr. Philippe Dorcet, MS project leader, made the participants acquainted with objectives of the meeting. Draft Second Quarterly Report on implemented and planned activities, along with a financial statement, was presented by Mr. Dominique Durand, Resident Twinning Advisor, and Ms. Linda Benrais, Director of the Agency for International Legal Cooperation (Acojuris). The meeting was also attended by Mr. Nicola Bertolini, Head of the Operations Section, and Mr. Alessandro Campo, Task Manager, both as representatives of the Delegation of the European Union to Montenegro, as well as by Mr. Veselin Vučković, Deputy Supreme Public Prosecutor, Ms. Vesna Jovićević, High Public Prosecutor in Podgorica, Ms. Maja Milošević, Executive Director of the Judicial Training Centre, and Ms. Milica Perišić, Twinning Project Assistant. Participants considered draft Second Quarterly Report in order to finalise it, as well as the strategy for future training activities to be implemented through the project, emphasising that these should be implemented through practical work, i.e. case studies, giving the attendants a possibility to practically consider examples related to new institutes introduced by the CPC.
31 - 28 June 2011 – The Supreme Court of Montenegro – Judicial Training Centre organised the second seminar for judges and prosecutors from the central and southern region of Montenegro with the topic “EU law – Basis of European legislation” in Podgorica. The seminar was aimed at transferring and improving knowledge of judges and prosecutors about EU law. More concrete subjects addressed at the seminar were: area of justice, freedom and security; cultural, historic and religious heritage of Europe (united in diversity); principle of shared competences; principle of supremacy; principle of subsidiarity; principle of proportionality; Lisbon Treaty (Treaty on the European Union and Treaty on the Functioning of the European Union); free movement of persons (including workers), goods, services and capital. Lecturer was Mr. Zoran Žižić, national expert for EU law. The seminar was attended by 13 participants (not including organisers and lecturers), out of whom: 6 representatives of prosecution offices (Deputy High Public Prosecutor from Podgorica; Deputy Basic Public Prosecutor from Bar; 2 advisors from the Basic Public Prosecutor’s Office in Nikšić; 2 trainees from Basic Public Prosecutor’s Office in Podgorica) and 7 representatives of courts (3 judges from the Basic Court in Podgorica; 3 judges from the Basic Court in Nikšić and 1 associate from the Basic Court in Ulcinj).
- 30 June – 1 July 2011 – Under the Twinning project “Implementation of the Criminal Procedure Code” between Montenegro and France, seminar on “Measures contained in the Criminal Procedure Code that might lead to violation of human rights” was held in Podgorica. The seminar was jointly organised by the Agency for International Legal Cooperation of France, Ministry of Justice of Montenegro, International Management Group (IMG) and the Judicial Training Centre of Montenegro. Lecturers were French and national experts: Mr. Frank Lager, Judge and Associate in the French National School for the Judiciary in Paris (International Cooperation Section), Ms. Sian Lewis Anthony, Professor of Public International Law, Mr. Radule Kojović, Judge of the Supreme Court of Montenegro, and Mr. Petar Stojanović, Judge of the Supreme Court of Montenegro. More concrete subjects addressed at the seminar were: limitations on human rights and freedoms during investigation; police detention (conditions and course of detention); search; seizure of objects and property gain; notification of a prosecutor by the police; limitation on rights upon the order of an investigative judge – judge for freedoms and detention in France (detention, interception of telephone conversations, search of premises, judicial control); limitations with regard to respect for human dignity and physical identity (medical examinations); unlawful limitations on human rights and freedoms; police violence; General Inspectorate of the National Police (IGPN) of France; General Police Service (IGS) of France; criminal and disciplinary sanctions; subsequent judicial control of legality of procedure; role of a barrister. The seminar was attended by 29 participants (not including lecturers and organisers), out of whom: 10 representatives of prosecution offices (2 Deputy High Public Prosecutors from Podgorica; 2 Deputy Basic Public Prosecutors from Nikšić; 1 Deputy Basic Public Prosecutor from Cetinje; 3 Deputy Basic Public Prosecutors and 2 advisors from Podgorica); 10 representatives of courts (4 judges, 3 associates and 2 trainees from the Basic Court in Podgorica; 1 associate from the Basic Court in Danilovgrad); 4 representatives of the Police Administration and 5 barristers from the Bar Association of Montenegro.
- 30 June – 1 July – The 9th two-day training module for attendants of the Initial Training Programme was held in premises of the Judicial Training Centre in Podgorica. Topics that were discussed referred to criminal law, or more precisely to: legal remedies; appeal against decision; appeal against judgment passed by the first instance court; appeal against judgment passed by the second instance court; repeated procedure; and request for protection of legality. Lecturers were Mr. Radule Kojović and Mr. Petar Stojanović, judges of the Supreme Court of Montenegro.
JULY 2011
- 4 July 2011 – In cooperation with OSCE (Organisation for Security and Cooperation in Europe) Mission to Montenegro, the Judicial Training Centre of Montenegro organised round table on “Right to fair trial, with special emphasis put on duration of proceedings” in Podgorica. The
32 round table was organised under the OSCE Mission’s project “Monitoring of judiciary”, aimed at contributing to the overall process of judicial reforms in Montenegro. The project resulted in two thematic reports on the right to trial within a reasonable time in civil and criminal matters. The mentioned thematic reports emphasise the issue of too long proceedings, particularly in civil cases, as well as insufficiently developed awareness of citizens on effective appeal mechanisms in the context of the right to trial within a reasonable period, as provided for by the 2007 Law. The round table was aimed at stimulating discussion on issues related to duration of proceedings, right to trial within a reasonable time in civil and criminal matters, current mechanisms for acceleration of proceedings, control requests, case law of the European Court of Human Rights and good practice in this area. Concrete themes addressed at the round table: presentation of thematic reports: “Right to Trial in Reasonable Time in Criminal Matters” and “Right to Trial in Reasonable Time in Civil Matters”; right to fair trial – role of Ombudsman – statistics and complaints relating to duration of proceedings; Law on Protection of Right to Trial in Reasonable Time in court practice – details on control request i.e. request for acceleration of the procedure and complaints for just satisfaction; case law of the European Court of Human Rights; exercise of the right to fair trial in Montenegro; examples of cases referring to the right to fair trial in reasonable time – experiences of barristers. Lecturers were national and foreign experts: Mr. Miloš Bošković, Leader of OSCE project “Monitoring of judiciary”, Ms. Maja Laković, Deputy Protector of Human Rights and Freedoms of Montenegro, Ms. Dušanka Radović, Judge of the Supreme Court of Montenegro, Dr. François Paychère, Judge of the Supreme Civil and Criminal Court in Geneva and Chairman of the Council of Europe’s Working Group for Quality of Justice, Mr. Zoran Pažin, Representative of Montenegro before the European Court of Human Rights, and Mr. Nikola Martinović, barrister, Bar Association of Montenegro. The round table was attended by 29 participants (not including lecturers and organisers), out of whom: 8 representatives of prosecution offices (2 Deputy High Public Prosecutors from Podgorica; 2 advisors from the Basic Public Prosecutor’s Office in Podgroica; Basic Public Prosecutor and 1 advisor from Nikšić; 2 Deputy Basic Public Prosecutors from Cetinje), 9 representatives of courts (1 judge of the Supreme Court of Montenegro; 2 judges of the High Court in Podgorica; president and 2 judges from the Basic Court in Podgorica; 1 judge of the Basic Court in Bar; 1 judge of the Basic Court in Kotor and 1 judge of the Basic Court in Nikšić), 3 barristers from the Bar Association of Montenegro, and 9 representatives of following institutions/NGOs/organisations: NGO Akcija za ljudska prava (Action for Human Rights); Centre for Human Rights of the Faculty of Law in Podgorica; Ministry of Justice; NGO Juventas; Centre for Democracy and Human Rights (CEDEM); Centre for Monitoring (CEMI), U.S. Embassy to Montenegro; Embassy of Netherlands to Montenegro.
- 4-5 July 2011 – Under the Twinning project “Implementation of the Criminal Procedure Code” between Montenegro and France, seminar on “Training on drawing up petitions and rulings in accordance with requirements of the new CPC” was organised for judges and prosecutors from the northern region of Montenegro in Bijelo Polje. The seminar was jointly organised by the Agency for International Legal Cooperation of France, Ministry of Justice of Montenegro, International Management Group (IMG) and Judicial Training Centre of Montenegro. Lecturers were French experts: Mr. Laurent Becuywe, Deputy Prosecutor in Grenoble, and Mr. Didier Guissart, Vice President of the Basic Court in Toulon. More concrete subjects addressed at the seminar were: role of investigative judge in the preliminary investigation (French judge for detention and release); requests of prosecutors; putting under judicial control; appeal against ruling; temporary seizure of objects, proceeds from crime and property; treatment of suspicious objects; putting objects into a court deposit; seizure of vehicles, narcotics (samples taking) and money, and their depositing to a state authority in charge of managing seized property (French experiences); destruction of weapons, narcotics and entry of seized money into the state budget; request for return of seized objects; alternative dispute settlement; methods of alternative dispute settlement: plea bargaining, deferral of criminal prosecution, rejection of criminal charges on the grounds of fairness and sanctioning without main hearing; comparison of Article 272 of the Montenegrin Criminal Procedure Code with the relevant Article of the French Code. The seminar was attended by 18 participants (not including lecturers and organisers), out of whom: 7 representatives of prosecution offices (2 Deputies and 2 advisors
33 from the Basic Public Prosecutor’s Office in Bijelo Polje; 2 Deputies and 1 advisor from the Basic Public Prosecutor’s Office in Berane), 6 representatives of courts (1 judge from the Basic Court in Bijelo Polje; 1 judge and 1 associate from the Basic Court in Pljevlja; president and 2 judges from the Basic Court in Berane); 4 officers from the Police Administration and 1 barrister.
- 5 July 2011 – Meeting regarding the second training of trainers was held in premises of the Judicial Training Centre in Podgorica. The training is scheduled for October 2011, and it will be run by national trainers, with the support of colleagues from the Republic of Croatia. The meeting was attended by representatives of OSCE Mission to Montenegro and U.S. Embassy to Montenegro, which will cooperate with the Centre in organising the training, as well as by representatives of the Police Academy (that delegate the trainers), trainer/judge of the Supreme Court of Montenegro, Deputy Supreme Public Prosecutor of Montenegro and Executive Director of the Centre. Tentative methodology of work and further steps were defined with a view to better preparing the mentioned training.
- 6-8 July 2011 – In cooperation with OSCE (Organisation for Security and Cooperation in Europe) Mission to Montenegro and U.S. Embassy to Montenegro, the Judicial Training Centre of Montenegro organised seminar on “Findings and opinions of expert witnesses – economic, financial and ballistic” in Budva/Bečići. The seminar was aimed at making the judges and prosecutors acquainted with: methods for eliminating dilemmas occurring in expert witnessing, extent to which the facts could be established by expert witnessing, methods of expert witnessing for proper definition of expert witness profile and complete assessment of a finding and opinion as specific evidence. More concrete topics addressed at the seminar were: validity of documents; types and methods for calculating interest rates; damages and lost profit; expert witness’s task – order for expert witnessing; charges (taxes, excises, customs, contributions, etc.); evaluation of the value of property in assessing the damage and defining of tax basis in case of lacking appropriate documentation; ballistic analysis in forensic practice; ballistic prints and interpretation of results obtained through ballistic expert witnessing; good practice examples of ballistic experts; expert witnessing of traces of gunpowder – “paraffin glove”; contemporary methods for expert witnessing of firearms traces – SEM/EDX and 3D; treatment of evidence, forensic analytics and quality control – new methods of forensic work. Lecturers at the seminar were: Mr. Milenko Popović, Permanent Expert Witness in the area of finance; Mr. Dragan Nišavić, Permanent Expert Witness in the area of finance; PhD Aleksandar Ivanović, Permanent Expert Witness in the area of forensic chemistry and President of the Witness Expert Association, and Mr. Božidar Bakić, Permanent Expert Witness in the area of ballistics and Head of the Group for Ballistics, Forensic Centre of Montenegro. Apart from organisers and guests, the seminar was attended by 24 participants, out of whom: 10 representatives of prosecution offices (Basic Public Prosecutor, 2 Deputies, 1 advisor and 1 trainee from the Basic Public Prosecutor’s Office in Podgorica; Basic Public Prosecutor from Ulcinj; Basic Public Prosecutor from Kolašin; 1 Deputy Basic Public Prosecutor from Bijelo Polje; 1 Deputy High Public Prosecutor from Bijelo Polje), 8 representatives of courts (1 judge of the High Court in Podgorica; President of the Appellate Court of Montenegro; 3 judges from the Basic Court in Podgorica; 3 judges from the Basic Court in Nikšić) and 6 representatives of the Bar Association.
- 11-12 July 2011 – The 10th two-day training module for attendants of the Initial Training Programme was held in premises of the Judicial Training Centre in Podgorica. Topics that were discussed referred to civil law, or more precisely to: delivery of summons; preparatory hearing; main hearing; evidences and evidence taking; passing of a judgment; types of judgment. Lecturers were Ms. Julka Badnjar and Ms. Vesna Begović, judges of the Supreme Court of Montenegro.
- 19 July 2011 – Mr. Juan Diego Ramirez-Cardenas Diaz, representative of the European Institute of Public Administration (EIPA) Luxembourg, had a meeting with the President of the Supreme Court of Montenegro, representatives of Coordinating and Programme Committees of the Centre and Director of the Judicial Training Centre. The meeting was held in premises of the
34 Supreme Court of Montenegro in Podgorica, and it was focused on elaboration of the document that contains recommendations for further professional training of Montenegrin judges and prosecutors in the area of EU law.
AUGUST 2011
There were no training activities in August, due to annual leaves of judges and prosecutors in Montenegro as well as collective annual leave of employees working in the Judicial Training Centre of Montenegro.
SEPTEMBER 2011
- 8-9 September 2011 – The 11th two-day training module for attendants of the Initial Training Programme was held in premises of the Judicial Training Centre in Podgorica. Topics that were discussed referred to writing and drawing up of a judgment in civil matters. Lecturers were Ms. Julka Badnjar and Ms. Vesna Begović, judges of the Supreme Court of Montenegro.
- 12-13 September 2011 – Under the Twinning project “Implementation of the Criminal Procedure Code” between Montenegro and France, seminar on “Measures contained in the Criminal Procedure Code that might lead to violation of human rights” “Training on measures from the Criminal Procedure Code that might lead to violation of human rights” was organised in Bijelo Polje for judges and prosecutors from the northern region of Montenegro. The seminar was jointly organised by the Agency for International Legal Cooperation of France, Ministry of Justice of Montenegro and Judicial Training Centre of Montenegro. Lecturers at the seminar were French experts: Mr. Frank Lager, Judge and Associate in the French National School for the Judiciary in Paris (International Cooperation Section), Ms. Sian Lewis Anthony, Professor of Public International Law, and Mr. Jean Christophe Muller, High Public Prosecutor in Pau. More concrete subjects addressed at the seminar were: limitations on human rights and freedoms during investigation; police detention (conditions and course of detention); search; seizure of objects and property gain; notification of a prosecutor by the police; limitation on rights upon the order of an investigative judge – judge for freedoms and detention in France (detention, interception of telephone conversations, search of premises, judicial control); limitations with regard to respect for human dignity and physical identity (medical examinations); unlawful limitations on human rights and freedoms; police violence; General Inspectorate of the National Police (IGPN) of France; General Police Service (IGS) of France; criminal and disciplinary sanctions; subsequent judicial control of legality of procedure; role of a barrister. The seminar was attended by 23 participants (not including lecturers and organisers), out of whom: 6 representatives of prosecution offices (1 High Public Prosecutor and 4 Deputies from Podgorica, and 1 Deputy Basic Public Prosecutors from Podgorica); 8 representatives of courts (1 judge of the High Court in Bijelo Polje, 1 judge of the Basic Court in Bijelo Polje, 1 judge and 1 associate from the Basic Court in Berane, 2 judges of the Basic Court in Pljevlja, 1 associate and 1 trainee from the Basic Court in Rožaje), 5 officers of the Police Administration and 4 barristers.
- 15-16 September 2011 – The 12th two-day training module for attendants of the Initial Training Programme was held in premises of the Judicial Training Centre in Podgorica. Topics that were discussed referred to enforcement and non-litigious procedure. Lecturers were Ms. Julka Badnjar, Judge of the Supreme Court of Montenegro and Ms. Dragana Đuranović, Judge of the High Court in Podgorica.
- 20-21 September 2011 – Under the Twinning project “Implementation of the Criminal Procedure Code” between Montenegro and France, seminar on “Training for police, judges and prosecutors in collection of evidence” was organised for judges and prosecutors from the central region of Montenegro in Podgorica. The seminar was jointly organised by the Agency for
35 International Legal Cooperation of France, Ministry of Justice of Montenegro and Judicial Training Centre of Montenegro. Lecturers at the seminar were French experts: Ms. Sian Lewis Anthony, Professor of Human Rights at the Faculty of Law, University in Kent, Great Britain, Mr. Jean- Raymond Lemaire, Expert Witness in the Appellate Court in Versailles, and Mr. Paul-André Breton, President of the High Court in Angers. More concrete subjects addressed at the seminar were: taking of evidence in criminal matters in accordance to French CPC: lack of hierarchy of evidence, freedom of evidentiary actions and evidentiary limitations on some activities (prohibited evidence, illegally obtained evidence, ineffective evidence); consequences of the principle of free assessment of evidence: free assessment of evidence by judges; types of evidence in the criminal procedure: written evidence, testimonies, audio-visual records (made in public or private premises); police reports: contents and form of reports; reports made by prosecutors; evidence specific to certain criminal offences (scientific-technical police); collection of evidence in economic and financial criminal offences; safeguarding of the crime scene, roles of prosecutors and investigation services, evidentiary material, disposal of seized objects into the court’s deposit; expert analysis of seized objects, legal formalism. The seminar was attended by 31 participants (not including lecturers and organisers), out of whom: 15 representatives of prosecution offices (2 Deputy High Public Prosecutors from Podgorica; 5 Deputy Prosecutors, 1 advisor and 3 trainees from the Basic Public Prosecutor’s Office in Podgorica; 2 Deputy Basic Public Prosecutors from Cetinje; and 2 advisors from the Basic Public Prosecutor’s Office in Nikšić); 11 representatives of courts (2 judges and 1 associate of the High Court in Podgorica; 1 judge and 2 associates from the Basic Court in Podgorica; 1 associate from the Basic Court in Danilovgrad; and 4 judges of the Basic Court in Nikšić), and 5 officers of the Police Administration.
- 22-23 September 2011 – Under the project “Support to implementation of the Law on Enforcement and Security of Claims – Training of judges and other persons involved in official actions within the procedure of enforcement and security of claims”, the Centre for International Legal Cooperation (CILC) from Netherlands, Judicial Training Centre of Montenegro and Human Resources Management Administration of Montenegro jointly organised two-day seminar in Kolašin on “Law on Enforcement and Security of Claims” for holders of judicial office and other persons involved in the procedure of enforcement and security of claims from the northern region of Montenegro. Objective of the seminar was to make judges and other persons involved in official actions within the enforcement procedure timely acquainted with the contents and concept of the new Law on Enforcement and Security of Claims and solutions contained therein, in order to make their activities as efficient as possible. Lecturers were: Mr. Nebojša Šarkić, Professor at the Faculty of Law, University Union in Belgrade, and at the Faculty of Law, University Mediteran in Podgorica, Ms. Julka Badnjar, Judge of the Supreme Court of Montenegro, and Ms. Nataša Sekulić, Judge of the Commercial Court in Podgorica. More concrete subjects addressed at the seminar were: general definition of enforcement; principles of the enforcement procedure; instruments for enforcement; preliminary and temporary measures; judicial and private bailiffs; bailiffs and other judicial professions (notary, expert witness, etc.); enforcement in commercial disputes; legal remedies in the enforcement procedure – objections raised against decisions. The seminar was attended by 18 participants (not including lecturers and organisers), out of whom: Commercial Court in Bijelo Polje – 1 judge; Basic Court in Bijelo Polje – 2 associates; Basic Court in Rožaje – 1 judge; Basic Court in Žabljak – president and 1 associate; Basic Court in Pljevlja – 1 judge and 1 associate; Basic Court in Berane – 3 judges; Basic Court in Plav – 2 judges; Basic Court in Kolašin – 2 judges; as well as 3 representatives of state administration bodies (2 from the Ministry of Sustainable Development and Tourism and 1 from the Tax Administration – Regional Unit in Bijelo Polje).
- 28 September 2011 – A representative of the Judicial Training Centre attended presentation of the First Report on Monitoring of Trials held in Podgorica, which was organised by CEDEM (Centre for Democracy and Human Rights), in partnership with AIRE Centre from London, within the project “Monitoring of judiciary”.
36 - 28-29 September 2011 – The Judicial Training Centre, in cooperation with UNDP (United Nations Development Programme) Office in Montenegro, OSCE (Organisation for Security and Cooperation in Europe) Mission to Montenegro, U.S. Embassy in Podgorica and Human Resources Management Administration of Montenegro, organised seminar on “Personal and institutional integrity and criminal offences involving corruption” for judges and prosecutors from the central and northern region of Montenegro in Kolašin, under Training Programmes no. 1 and 2, as integral parts of the Training Programme for Judges and Prosecutors in the fight against corruption in the light of the new CPC. The seminar was aimed at improving the knowledge of holders of judicial office (i.e. judges and prosecutors) in the area of personal and institutional integrity, as well as at improving knowledge required for better detection of criminal offences involving corruption. Lecturers were relevant national and international experts: Mr. Srđan Šimac, Judge of the High Commercial Court of the Republic of Croatia; Ms. Lena Andersson, Consultant, Balkans Analysis Group, Sweden; PhD Dragana Kolarić, Professor of Criminal Law, Faculty of Law, Belgrade; Mr. Veselin Vučković, Deputy Supreme Public Prosecutor of Montenegro, and PhD Velimir Rakočević, Professor of Criminal Law, Faculty of Law, Podgorica. Concrete subjects addressed at the seminar were: corruption – criminal offences involving corruption – ethics, what’s the difference?; problem of nepotism and favourism – cousins, colleagues and neighbours have not to be our friends; Code of Ethics of Prosecutors and integrity plans; criminal-law suppression of corruption; catalogue of criminal offences involving corruption (Criminal Code of Montenegro); various forms of corruption – group exercise. The seminar was attended by 17 participants (not including lecturers and organisers), out of whom: 9 representatives of prosecution offices (2 Deputy High Public Prosecutors from Bijelo Polje; 2 Deputy Basic Public Prosecutors from Plav; 2 Deputy Basic Public Prosecutors from Bijelo Polje; Basic Public Prosecutor from Berane; Basic Public Prosecutor and 1 Deputy Basic Public Prosecutor from Rožaje), 5 representatives of courts (High Court in Bijelo Polje – 2 associates; Basic Court in Pljevlja – 1 associate; Basic Court in Berane – president; Basic Court in Plav – president), and 3 civil servants (Customs Administration, Administration for Prevention of Money Laundering and Terrorism Financing, and Tax Administration).
- 29-30 September 2011 – The 13th two-day training module for attendants of the Initial Training Programme was held in premises of the Judicial Training Centre in Podgorica. Topics that were discussed referred to: null and void contracts; non-pecuniary damages for defamation committed through the media and practice of the European Court of Human Rights with regard to application of Article 10 of the European Convention on Human Rights. Lecturers were Ms. Dušanka Radović and Ms. Natalija Filipović, judges of the Supreme Court of Montenegro.
- 30 September 2011 – Handover of a donation by U.S. Embassy to Montenegro, as years-long partner of the Judicial Training Centre, was carried out in the Centre’s premises in Podgorica. The donation includes 1,000 folders and copybooks, carrying the Centre’s logo and contact details, which will be used in organisation of future events.
OCTOBER 2011
- 3-4 October 2011 – Under the Twinning project “Implementation of the Criminal Procedure Code” between Montenegro and France, training of trainers on the Criminal Procedure Code and elaboration of a manual was held in Podgorica. The training was jointly organised by the Agency for International Legal Cooperation of France and the Ministry of Justice of Montenegro. The lecturer was French expert – Mr. Michel Allaix, First Vice-President of the Appellate Court in Lyon. The training was attended by representatives of prosecution offices (High Public Prosecutor from Bijelo Polje, High Public Prosecutor from Podgorica and Basic Public Prosecutor from Kotor).
37 - 5-7 October 2011 – An international workshop for judges applying the legislation on refugees was organised in Sarajevo. The workshop was organised by EU Delegation – TAIEX, in cooperation with the Ministry of Justice of Bosnia and Herzegovina and UNHCR, and it gathered judges involved in judicial review of asylum cases from Western Balkan countries, with a view to sharing best practices, knowledge and experience. The workshop was aimed at: making judges familiar with existing practical and doctrinal issues related to rights of refugees/asylum seekers; presenting the state of play in the asylum-related EU acquis, case law of the European Court of Justice and connection between the legislation on refugees and the European legislation on human rights, including the case law of the European Court of Human Rights; contributing to improved availability of effective legal remedies in asylum-related matters; and promoting further strengthening of judicial independence and rule of law. Lecturers were: Mr. Eamonn Cahil, President of the International Association of Refugee Law Judges (IARLJ), European Chapter, Irish Refugee Council; Mr. Boštjan Zalar, Judge of the High Court in Slovenia; Mr. Wolfgang Bartsch, Vice President of the Administrative Court in Germany; Ms. Katelijne Declerk, Judge of the Council for Foreign Law Litigations from Belgium; Mr. Bernard Dawson, Judge of the Council for Asylum and Immigration from the High Court in the United Kingdom; Mr. Andreas Wissner, UNHCR Office for Europe; Ms. Valerija Galić, Vice President of the Constitutional Court of Bosnia and Herzegovina; Mr. Shefajet Hajdari, Judge of the Administrative Court of Macedonia; and Mr. Zirah Limani, Judge of the Supreme Court of Macedonia. On behalf of Montenegro, the international workshop was attended by: 1 judge of the Administrative Court of Montenegro, 1 judge of the Constitutional Court of Montenegro, president and a judge of the Misdemeanour Council, and advisor from the Judicial Training Centre.
- 6-7 October 2011 – Under the project “Support to implementation of the Law on Enforcement and Security of Claims – Training of judges and other persons involved in official actions within the procedure of enforcement and security of claims”, the Centre for International Legal Cooperation (CILC) from Netherlands, Judicial Training Centre of Montenegro and Human Resources Management Administration of Montenegro jointly organised two-day seminar in Podgorica on “Law on Enforcement and Security of Claims” for holders of judicial office and other persons involved in the procedure of enforcement and security of claims from the central region of Montenegro. Objective of the seminar was to make judges and other persons involved in official actions within the enforcement procedure timely acquainted with the contents and concept of the new Law on Enforcement and Security of Claims and solutions contained therein, in order to make their activities as efficient as possible. Lecturers were: Mr. Nebojša Šarkić, Professor at the Faculty of Law, University Union in Belgrade, and at the Faculty of Law, University Mediteran in Podgorica, Ms. Julka Badnjar, Judge of the Supreme Court of Montenegro, and Ms. Nataša Sekulić, Judge of the Commercial Court in Podgorica. More concrete subjects addressed at the seminar were: general definition of enforcement; principles of the enforcement procedure; instruments for enforcement; preliminary and temporary measures; judicial and private bailiffs; bailiffs and other judicial professions (notary, expert witness, etc.); enforcement in commercial disputes; legal remedies in the enforcement procedure – objections raised against decisions. The seminar was attended by 25 participants (not including lecturers and organisers), out of whom: Commercial Court in Podgorica – 6 judges and 6 associates; Basic Court in Nikšić – president and 2 associates; Basic Court in Danilovgrad – 1 judge; Basic Court in Podgorica – 3 judges and 1 associate; Basic Court in Cetinje – 2 judges; 2 representatives of the Tax Administration in Podgorica and 1 barrister.
- 6-7 October 2011 – Under the Training Plan for civil servants, holders of judicial office and employees of other independent bodies involved in providing protection against discrimination, the third workshop on “Prohibition of discrimination against persons with disabilities” was held in Budva/Bečići. The workshop was jointly organised by: Ministry for Human and Minority Rights, OSCE (Organisation for Security and Cooperation in Europe) Mission to Montenegro, CEDEM (Centre for Democracy and Human Rights), and Judicial Training Centre of Montenegro. This is the third workshop attended by same participants, that will be followed by one more thematic workshop and, finally, by presentation of certificates to participants of these workshops. The third workshop referred to prohibition of discrimination against persons with disabilities. More
38 concrete subject addressed at the workshop were: policy, action and legal frameworks of the European Union and the Council of Europe regarding human rights of persons with disabilities; case law of the European Court of Human Rights; prohibition of discrimination against persons with disabilities – experience and lessons learned in Macedonia; anti-discrimination legislation in the Republic of Serbia; prohibition of discrimination against persons with disabilities – experience and lessons learned in Serbia. Lecturers were: Ms. Slobodanka Lazova Zdravkovska, Head of the Division for Protection and Employment of Persons with Disabilities, Ministry of Labour and Social Policy, Government of the FYR Macedonia, and Mr. Vladimir Pešić, Assistant Minister of Labour and Social Policy, Government of the Republic of Serbia. The workshop was attended by 24 participants (not including organisers and lecturers), out of whom: 7 representatives of the judiciary, i.e. 3 judges (from Basic Courts in Podgorica, Bar and Bijelo Polje) and 4 representatives of prosecution offices (1 trainee from the Basic Public Prosecutor’s Office in Bar; 2 advisors from the Basic Public Prosecutor’s Office in Podgorica; and Deputy Basic Public Prosecutor from Cetinje) and representatives of Ministry of Health, Police Administration, Ministry of Sustainable Development and Tourism, etc.
- 6-7 October 2011 - The 14th two-day training module for attendants of the Initial Training Programme was held in premises the Judicial Training Centre in Podgorica. Topics that were discussed referred to new arrangements envisaged by the Law on Obligations and by the Law on Legal Property Relations. Lecturers were Ms. Dušanka Radović and Ms. Vesna Begović, judges of the Supreme Court of Montenegro.
- 12-13 October 2011 – The European Institute of Public Administration (EIPA), Judicial Academy of the Republic of Serbia and the Judicial Training Centre of Montenegro organised joint seminar in Belgrade, which was financially supported by the Ministry of Foreign Affairs of Luxembourg under technical assistance provided through programmes “Capacity development for European integration in Serbia” and “Training on EU law for Montenegrin judiciary (II)”. The seminar was organised for holders of judicial office from Montenegro and Serbia and its topic was “Role of a national judge in the European area of justice – judiciary and implementation of EU law”. Lecturers were: Mr. Juan Diego Ramirez-Cardenas Diaz, Senior Lecturer and leader of the seminar, EIPA's European Centre for Judges and Lawyers in Luxembourg; Mr. Ludovic Bernardeau, former Legal Secretary, European Court of Justice in Luxembour, and Mr. Joaquín Moreno Grau, Senior Judge, Administrative Court of Appeal, Murcia/Spain. More concrete subject addressed at the workshop were: presentation of the European Judicial Area and its participants; European Court of Justice, national courts and tribunals; structure of the EU legal system; EU legal instruments and their implications on national judges in terms of interpretation and application of law; enforceability of EU law by national judges in candidate countries and pre-candidate countries; Stabilisation and Association Agreements between EU and Serbia and Montenegro respectively; contents and overview of provisions on judicial implementation; enforceability of EU law by national judges in member states; principle of supremacy: direct and indirect impact of EU law; prerogative and obligations of national judges; cooperation with the European Court of Justice: preliminary reference procedure (I), purpose and contents of the procedure and effect of the decision; cooperation with the European Court of Justice: preliminary reference procedure (II), practical guidelines to national courts or tribunals when making references; case studies on preliminary reference procedure; international cooperation among national judges in implementation of EU law: principle of mutual recognition and overview of main instruments; direct judicial cooperation among national courts. Besides representatives of the Judicial Training Centre, the joint seminar was attended by 9 Montenegrin judges (1 judge of the Supreme Court of Montenegro, 2 judges of the High Court in Podgorica, 4 judges of the Basic Court in Podgorica, 1 judge of the Basic Court in Bar and 1 judge of the Basic Court in Nikšić).
- 13-14 October 2011 – Under the project “Support to implementation of the Law on Enforcement and Security of Claims – Training of judges and other persons involved in
39 official actions within the procedure of enforcement and security of claims”, the Centre for International Legal Cooperation (CILC) from Netherlands, Judicial Training Centre of Montenegro and Human Resources Management Administration of Montenegro jointly organised two-day seminar in Pržno/Budva on “Law on Enforcement and Security of Claims” for holders of judicial office and other persons involved in the procedure of enforcement and security of claims from the southern region of Montenegro. Objective of the seminar was to make judges and other persons involved in official actions within the enforcement procedure timely acquainted with the contents and concept of the new Law on Enforcement and Security of Claims and solutions contained therein, in order to make their activities as efficient as possible. Lecturers were: Mr. Nebojiša Šarkić, Professor at the Faculty of Law, University Union in Belgrade, and at the Faculty of Law, University Mediteran in Podgorica, Ms. Julka Badnjar, Judge of the Supreme Court of Montenegro, and Ms. Nataša Sekulić, Judge of the Commercial Court in Podgorica. More concrete subjects addressed at the seminar were: general definition of enforcement; principles of the enforcement procedure; instruments for enforcement; preliminary and temporary measures; judicial and private bailiffs; bailiffs and other judicial professions (notary, expert witness, etc.); enforcement in commercial disputes; legal remedies in the enforcement procedure – objections raised against decisions. The seminar was attended by 11 participants (not including lecturers and organisers), out of whom: Basic Court in Ulcinj - 1 judge; Basic Court in Bar – 2 judges; Basic Court in Kotor – 2 judges; Basic Court in Herceg Novi – president; 2 representatives of state administration bodies (Tax Administration, Real Estate Administration and Public Property Administration).
- 13-14 October 2011 – The 15th two-day training module for attendants of the Initial Training Programme was held in premises of the Judicial Training Centre in Podgorica. Topics that were discussed referred to: EU law (instruments, characteristics and fundamental principles); EU Court of Justice (organisation, jurisdiction and procedures); preliminary reference procedure; relation between the EU law and national legislation, and consequent role of a national judge in implementation of EU law. Lecturers were M.Sc. Zvezdan Čađenović and PhD Miloš Vukčević.
- 18-19 October 2011 – Under the Twinning project “Implementation of the Criminal Procedure Code” between Montenegro and France, seminar on “Training for police, judges and prosecutors in collection of evidence” was organised for judges and prosecutors from the southern region of Montenegro in Bar. The seminar was jointly organised by the Agency for International Legal Cooperation of France, Ministry of Justice of Montenegro and Judicial Training Centre of Montenegro. Lecturers at the seminar were French experts: Ms. Sian Lewis Anthony, Professor of Human Rights at the Faculty of Law, University in Kent, Great Britain; Mr. Jean- Raymond Lemaire, Expert Witness in the Appellate Court in Versailles; and Mr. Paul-André Breton, President of the High Court in Angers. More concrete subjects addressed at the seminar were: taking of evidence in criminal matters in accordance to French CPC: lack of hierarchy of evidence, freedom of evidentiary actions and evidentiary limitations on some activities (prohibited evidence, illegally obtained evidence, ineffective evidence); consequences of the principle of free assessment of evidence: free assessment of evidence by judges; types of evidence in the criminal procedure: written evidence, testimonies, audio-visual records (made in public or private premises); police reports: contents and form of reports; reports made by prosecutors; evidence specific to certain criminal offences (scientific-technical police); collection of evidence in economic and financial criminal offences; safeguarding of the crime scene, roles of prosecutors and investigation services, evidentiary material, disposal of seized objects into the court’s deposit; expert analysis of seized objects, legal formalism. The seminar was attended by 18 participants (not including lecturers and organisers), out of whom: 9 representatives of prosecution offices (Basic Public Prosecutor from Kotor, Basic Public Prosecutor and 2 Deputies from Herceg Novi, Basic Public Prosecutor and 2 Deputies from Ulcinj, 1 Deputy Prosecutor and 2 advisors from the Basic Public Prosecutor’s Office in Bar), 4 representatives of courts (2 judges of the Basic Court in Herceg Novi, 1 judge of the Basic Court in Kotor, and 1 judge of the Basic Court in Bar), and 5 representatives of the Police Administration.
40 - 18-19 October 2011 – The Judicial Training Centre of Montenegro, in cooperation with and with financial support of IRZ (German Foundation for International Legal Cooperation) organised seminar on “Current issues in the areas of family law and law of inheritance” in Podgorica. The seminar was organised with a view to exchanging experiences and improving knowledge among judges working in these areas, through discussion on disputable issues and presentation of contemporary practice. Lecturers at the seminar were national and regional experts with considerable theoretic and practical experience in the mentioned areas: Ms. Dragana Đuranović, Judge of the High Court in Podgorica and Head of the High Court’s Civil Department; PhD Meliha Povlakić, Faculty of Law, Sarajevo; PhD Slavko Đorđević, Faculty of Law, Kragujevac; PhD Suzana Bubić, Dean of the Faculty of Law, University “Džemal Bjelić” in Mostar, and Ms. Vesna Begović, Judge of the Supreme Court of Montenegro. More concrete subjects addressed at the seminar were: Montenegrin legislation governing inheritance; new trends in the law of inheritance in the former Yugoslav republics; collision law arrangements of inheritance relations with foreign elements in the EU, Montenegro and Serbia – state of play and perspectives; marital disputes (divorce/annulment, mediation, division of marital property); European impact on family law. The seminar was attended by 25 participants (not including lecturers and organisers) – representatives of courts: secretary and 3 associates from the Supreme Court of Montenegro; 5 judges from the High Court in Podgorica; 1 judge of the High Court in Bijelo Polje; 6 judges from the Basic Court in Podgorica; 3 judges of the Basic Court in Nikšić; 1 judge from the Basic Court in Bar; 1 associate from the Basic Court in Ulcinj; 2 trainees from the Basic Court in Kolašin, and 2 trainees from the Basic Court in Rožaje.
- 20-21 October 2011 – The 16th two-day training module for attendants of the Initial Training Programme was held in premises of the Judicial Training Centre in Podgorica. The module was devoted to the European Convention on Human Rights. Topics that were discussed referred to: European Convention on Human Rights – contents and importance; European Court of Human Rights – organisation and case law; Article 6 of the European Convention on Human Rights – contents; relevant solutions contained in the national legislation. Lecturer was M.Sc. Siniša Bjeković, Centre for Human Rights, Faculty of Law in Podgorica.
- 25 October 2011 – In Kolašin, Supreme Court of Montenegro – Judicial Training Centre organised seminar entitled “EU Law – Institutions and procedures of EU courts”, for judges and prosecutors.
General objective of the seminar was to make it possible for judges and prosecutors to gain and improve their knowledge on EU law. Lecturers were Zoran Žižić and Miloš Vukčević, national experts in the EU law. More concrete subjects addressed in the seminar were: EU institutions – I part; EU institutions – II part; preliminary reference procedure: objective and contents of the procedure and impact of the issued ruling; proceedings before the EU Court of Justice and role of national courts. Apart from organisers and lecturers, the seminar was attended by seven (7) participants: 4 participants of courts (2 advisor from the High Court in Bijelo Polje, and 2 trainees from the Basic Court in Kolašin) and 3 representatives of state prosecution offices (Basic State Prosecutor from Berane, Basic State Prosecutor from Plav and Deputy Basic State Prosecutor from Rožaje).
- 29 October 2011 – Budva, executive director of the Centre attended the opening ceremony of Days of Judiciary, traditionally organised on the same date each year.
31 October - 1 November 2011 - Budva/Bečići- in cooperation with the Centre for Democracy and Human Rights (CEDEM), Konrad Adenauer Foundation, AIRE Centre from London, OSCE Mission to Montenegro and IMG, the Judicial Training Centre organised seminar on “European Convention on Human Rights and the Montenegrin Criminal Procedure Code”. The seminar was organised with the aim of ensuring more efficient implementation of provisions of the European Convention on Human Rights and better knowledge of human rights. Lecturers at the seminars were national and international experts: Toby Cadman, Lawyer, AIRE Centre from London; Veselin Vučković, Deputy Supreme State Prosecutor of Montenegro; Milan Škulić,
41 professor from the Faculty of Law, University of Belgrade; Petar Stojanović, judge of the Supreme Court of Montenegro, and Radule Kojović, judge of the Supreme Court of Montenegro. More concrete topics addressed at the seminar were: key provisions of the European Convention on Human Rights related to criminal procedures; European Convention on Human Rights – application of the Convention’s standards in the investigation phase; Criminal Procedure Code – application of provisions in the investigation phase; right to fair trial (Article 6), right to respect for one’s private life (Article 8) and right to freedom of expression (Article 10) in the European Convention on Human Rights and in the Montenegrin legislation; presumption of innocence under Article 6 of the European Convention on Human Rights; presumption of innocence under Criminal Procedure Code of Montenegro; right to equality of parties and evidentiary procedures under European Convention on Human Rights; right to equality of parties and evidentiary procedures the Criminal Procedure Code of Montenegro. The seminar was attended by 33 participants (not including lecturers and organisers), out of whom: 12 representatives of the judiciary (10 participants from courts: 3 judges from the Basic Court in Podgorica, 1 judge from the Basic Court in Kotor, 1 judge and 1 advisor from the High Court in Podgorica, 1 judge from the High Court in Bijelo Polje, 2 trainees from the Basic Court in Rožaje and 1 advisor from the Basic Court in Bar; and 2 participants from state prosecution offices: 2 Deputy Basic State Prosecutors from Podgorica).
NOVEMBER 2011
- 1 November 2011 – Budva/Pržno, executive director of the Centre attended the opening ceremony of Days of Prosecutors of Montenegro, organised by the Supreme Public Prosecution Office and Public Prosecutors Association. Theme of this year's Days of Prosecutors was ’’Application of Criminal Legislation – new competences of public prosecutors’’.
1 November 2011 – Project ’’Support to Implementation of the Law on Enforcement and Security- training of judges and other persons performing official actions in enforcement and security“, was successfully conducted, in terms of time and content, by Centre for Education and Human Resource Authority of Montenegro. Project included elaboration of the Programme for training of judges and other persons performing actions in enforcement and security procedure, three regional seminars addressing the Law on Enforcement and Security and publishing of the Manual for Application of Law on Security and Enforcement. The manual contains theoretical and practical approach to the law. The authors are PhD Nebojiša Šarkić, Law faculty of the Union University from Belgrade and Mr. Mladen Nikolić, judge of Appellate Commercial Court of Serbia and Ms Nataša Sekulić, judge of Commercial Court in Podgorica.
- 2-4 November in Budva/Pržno, in cooperation with the Organisation for Security and Cooperation in Europe (OSCE) Mission to Montenegro and the U.S. Embassy to Montenegro, the Centre organised seminar on “Findings and opinions of expert witnesses – expert witnessing in the area of transport and neuropsychiatric expertise in criminal and civil matters”..The seminar was aimed at making the judges and prosecutors acquainted with: methods for eliminating dilemmas in expert witnessing; extent to which facts should be established by virtue of expert witnessing; methods of expert witnessing for the purpose of more adequate definition of profiles of expert witnesses and more persistent assessment of given opinions and findings as specific evidences. Lecturers at the seminar were renowned national experts: Goran Čarapić, permanent expert witness for transport; PhD Stanko Milić, Professor of Judicial Psychiatry and Neurology at the Medical Faculty in Podgorica and permanent expert witness for neuropsychiatry, and Željko Golubović, Master of Medical Science, Teaching Assistant at the Medical Faculty in Podgorica and permanent expert witness for neuropsychiatry. More concrete subjects addressed at the seminar were: crime scene investigation of traffic accidents – basis for quality expert witnessing in judicial and extrajudicial procedure; expert witnessing of traffic accidents involving pedestrians; expert witnessing
42 of the amount of damage to motor vehicles in the country and abroad; expert witnessing of motor vehicles after the traffic accident; expert witnessing of traffic accidents involving traffic participants with lights-off; expert witnessing of traffic accidents involving bicycles with engine – scooters; expert witnessing of traffic accidents caused by poor road conditions or poor vehicle conditions; role of an expert witness – psychiatrist and the problems he/she encounters in expert witnessing in criminal matters – role of forensic psychiatrist, awareness of guilt, sanity, mental disease , basis of psychiatric expert witnessing, procedural capacity; simulation and deceptions in the criminal proceedings, criminal offence under severe provocation, security measures, social danger, factors related to violence, problems in expert witnessing, alcoholism and alcohol addiction, ethics in court psychiatry, personality of a forensic expert, mistakes in expert witnessing; dilemmas in neuropsychiatric expert witnessing in civil proceedings – subject of expertise, expert witnessing of non-pecuniary damage, legal definitions of non-pecuniary damage, expert witnessing of suffered physical pain, suffered and future fear, mental anguish, injuries to head and brain, neck hyperextension, forensic importance of craniocerebral injuries, expert witnessing of validity of contract, expert witnessing of wills, and expert witnessing of one’s capacity to exercise rights. The seminar was attended by 38 participants in total (lecturers and organisers not included): 13 representatives of courts (president of the Appellate Court; 2 judges from the High Court in Podgorica; 3 judges of the Basic Court in Podgorica; president and 1 judge from the Basic Court in Nikšić; president of the Basic Court in Berane; president of the Basic Court in Rožaje; president of the Basic Court in Plav; 1 judge from the Basic Court in Bar), 14 representatives of state prosecution offices (Deputy High State Prosecutor in Podgorica; Deputy High State Prosecutor in Bijelo Polje; Basic State Prosecutor, 3 Deputy Prosecutors and 2 advisors from the Basic State Prosecutor’s Office in Podgorica; Deputy Basic State Prosecutor in Bijelo Polje; Deputy Basic State Prosecutor in Berane; Basic State Prosecutor in Kolašin; Basic State Prosecutor in Ulcinj; Basic State Prosecutor in Bar and Basic State Prosecutor in Rožaje), 7 representatives of the Bar Association and 4 representatives of Insurance Company “Lovćen Osiguranje” JSC from Podgorica.
- 3-4 November 2011 – Podgorica- the 17th two-day training module for attendants of the Initial Education Programme on judicial skills was held on in the Judicial Training Centre. The module addressed the judicial skills. More concrete subjects were: court psychology – legal communication, special rules for “vulnerable parties” in the proceedings – damaged parties, juveniles; skills in hearing of witnesses; how to maintain order in the court room in accordance with procedural laws; criteria for assessment of trustworthiness of testimonies given by the accused persons and witnesses; assessment of risk that the accused will recommit the criminal offence. Lecturers were Vesna Begović, judge of the Supreme Court of Montenegro and Anđa Backović, Professor of Judicial Psychology, Faculty of Law in Podgorica.
- 8-9 November 2011, Bar - Under the Twinning project “Implementation of the Criminal Procedure Code” between Montenegro and France, seminar on “Training of trainers on the Criminal Procedure Code and elaboration of a manual” was organised for judges and prosecutors from the southern region of Montenegro. The seminar was organised in cooperation with the Agency for International Legal Cooperation of France, Ministry of Justice of Montenegro and the Judicial Training Centre. Methodology and application of the Manual for practical implementation of the Criminal Procedure Code, which was prepared at the beginning of October 2011 by French expert Remy Donge L’Henoret, judge and regional coordinator for trainings in Rennes, Angers and Cannes, were presented in the seminar. More concrete topics addressed at the seminar were: presenting the Manual’s methodology; practical application of the Manual (parts I-IV); practical application of the Manual (parts IV-VIII); case from the practice and examples of application of the Manual in those cases. The seminar was attended by 13 participants (lecturers and organisers not included): 7 representatives of state prosecution offices (Basic State Prosecutor and 1 Deputy Prosecutor from Kotor, Basic State Prosecutor and 1 advisor from Bar, Basic State Prosecutor, 1 Deputy Prosecutor and 1 advisor
43 from Ulcinj), 1 representative of courts (judge of the Basic Court in Kotor) and 5 representatives of the Police Administration.
- 10-11 November 2011- Podgorica -18th two-day training module for attendants of the Initial Education Programme on codes of ethics for judges and prosecutors was held on in the Judicial Training Centre. The module addressed the Codes of Ethics for Judges and Prosecutors. More concrete topics discussed were: codes of ethics for judges and prosecutors; personal and institutional integrity. Lecturers were Svetlana Vujanović, judge of the Appellate Court of Montenegro and Veselin Vučković, Deputy Supreme State Prosecutor of Montenegro.
- 15-16 November 2011 Budva/Pržno - Seminar on “Competition law and policy and importance of judicial bodies” was held in organisation of the Judicial Training Centre of Montenegro, Administration for Protection of Competition and AIM (Access to Internal Market). Seminar was co-financed by the European Union and implemented by GIZ. The seminar was aimed at providing overview of EU and national legislation in the competition area, with particular focus on certain provisions of the Regulation (EC) 1/2003. Special attention was devoted to the significant cases for protection of competition in the EU (European Commission and national bodies), court of Justice and national courts. Lecturer at the seminar was A. Plahutnik, expert from Slovenia. Apart from organisers and lecturer, the seminar was attended by 22 participants out of whom: 3 representatives of state prosecution offices (basic state prosecutors), 7 representatives of courts (4 judges of the Commercial Court in Podgorica, 1 judge of the Administrative Court, and 2 associates from the Commercial Court), 5 representatives of misdemeanour bodies (2 from the Misdemeanour Council and 3 from the regional misdemeanour bodies), 6 representatives of the Administration for Protection of Competition and 1 representative of the Central Bank of Montenegro.
- 15-16 November 2011 – Bar- Under the Twinning project “Implementation of the Criminal Procedure Code” between Montenegro and France, seminar on “Training on measures contained in the Criminal Procedure Code that might lead to violation of human rights” was organised for judges and prosecutors from the southern region of Montenegro. The seminar was organised in cooperation with the Agency for International Legal Cooperation of France, Ministry of Justice of Montenegro, and the Judicial Training Centre of Montenegro. Lecturers were French and national experts: F. Lager, judge and associate of the National School for the Judiciary in Paris, S. Lewis Anthony, Professor of International Public Law. More concretely the themes included: limitation of human right and freedoms in investigation phase: police detention(conditions and development), search, deprivation of items and assets, informing the judge by the police, keeping in customs; limitation of rights upon order of the investigation judge – judge for release and detention in France (detention, tapping, search of premisis, court control), limitations related to respect of human dignity and physical integrity (medical examination);illegal limitation of human rights and freedoms, police violence, inspectorate general of the French national police, criminal and disciplinary sanctions; subsequent court control of the procedure's conduct, role of attorney. The seminar was attended by 9 participants in total (not including lecturers and organisers), out of whom: 2 representatives of state prosecution offices (Basic State Prosecutor from Ulcinj and Basic State Prosecutor from Bar), 5 representatives of the Police Administration and 2 attorneys.
- 21 November 2011- Podgorica- the Supreme Court of Montenegro – Judicial Training Centre organised seminar on “EU law – Institutions and procedures before EU courts” for judges and prosecutors from the central region of Montenegro. General aim of the seminar was acquisition an improvement of knowledge of EU law for judges and prosecutors. Lecturers were national experts in EU law, dr Zoran Žižić i dr Miloš Vukčević. More concrete subjects addressed at the seminar were: EU institutions – I part; EU institutions – II part; Preliminary reference procedure – objective and contents of the procedure and effect of the judgment; Procedures before the EU Court of Justice and role of a national court. The seminar was attended by 14 participants out of whom: 9 representatives of courts (7 judges (1 from the High
44 Court in Podgorica, 2 from the Basic Court in Herceg Novi, 3 from the Basic Court in Podgorica, 1 from the Basic Court in Nikšić) and 2 associates (1 from the Commercial Court in Podgorica and 1 from the Basic Court in Ulcinj) and 5 representatives of state prosecution offices (2 Deputy High State Prosecutors, 1 advisor from the Basic State Prosecutor’s Office in Nikšić and 2 trainees from the Basic State Prosecutor’s Office in Podgorica).
- 21 and 22 November 2011 - Announcement for the 2012 Initial Education Programme was published (in two daily newspapers issued in Montenegro). The announcement was also submitted to all courts and prosecution offices in Montenegro for the purpose of its publishing on their display panels in order to timely inform the interested candidates about contents of the announcement.
- 22 and 23 November 2011 in Skopje, Republic of Macedonia - Director of the Judicial Training Centre of Montenegro and one advisor from the Centre participated in the multilateral conference “Future of Initial and Continuous Training of Judges and Prosecutors: State of Play and Perspectives” organised on the occasion of 5th anniversary of the Academy for Training of Judges and Public Prosecutors of the Republic of Macedonia. The conference was organised in cooperation with the German Foundation for International Legal Cooperation (IRZ) and it gathered representatives of institutions involved in training of judges and prosecutors from Macedonia, Germany, EIPA – Luxembourg, Albania, Bulgaria, Bosnia and Herzegovina, Croatia, Kosovo, Montenegro, Serbia and Turkey. At the Conference representatives of institutions of all the mentioned countries presented briefly ( 25 minutes) the current situation and planned activities related to training of prosecutors and judges, such as initial education, with concrete proposals for future development in this area. On this occasion, representatives of institutions in charge of training from the mentioned countries signed the Memorandum on Multilateral Cooperation, with the view to defining general framework that will serve as a basis for future cooperation among these institutions, with special emphasis put on improvement of initial training programmes as well as of continuous training of recently appointed judges and prosecutors.
- 22 and 23 November 2011 – in Bijelo Polje, under the Twinning project “Implementation of the Criminal Procedure Code” between Montenegro and France, seminar on “Training for police, judges and prosecutors on evidence collection” was organised for judges and prosecutors from the northern region of Montenegro on 22-23 November 2011 in Bijelo Polje. The seminar was organised in cooperation with the Agency for International Legal Cooperation of France, Ministry of Justice of Montenegro, and the Judicial Training Centre of Montenegro. Lecturers were French experts: S. Lewis Anthony, Professor of Human Rights in the Faculty of Law, University of Kent (Great Britain), J. R. Lemaire, court expert in the Appellate Court in Versailles, and P. A. Breton, President of the High Court in Angers. Concrete topics discussed included: taking of evidence in criminal matters in accordance with French CPC: non-existence of hierarchy of evidence, freedom of proving and evidence limitations in certain actions (prohibited evidence, illegally collected evidence, inefficient evidence); consequences of free evidence assessment principle: free assessment of evidence by the judge; types of evidence in criminal procedure: writing evidence, testimonials, audio-visual recordings (prepared in public or private premises); record taken by the police; evidence specific for certain offences (scientific and technical police); collection of data in economic and financial criminal offences; securing the scene of crime, role of prosecutors and investigative services; evidence material, placing confiscated items in court deposit, expertise of taken items, legal formalism. The seminar was attended by 24 participants (not including lecturers and organisers), out of whom: 10 representatives of state prosecution offices (Basic State Prosecutor from Pljevlja and its Deputy, 4 Deputy High State Prosecutors from Bijelo Polje, 3 Deputy Prosecutors and 1 advisor from the Basic State Prosecutor’s Office in Bijelo Polje), 5 representatives of courts (president and 4 trainees from the Basic Court in Bijelo Polje), 7 representatives of the Police Administration and 2 attorneys.
45 - 24 and 25 November 2011 – Budva/Pržno - Under the Plan for training of civil servants, holders of judicial office and employees of other independent bodies, the fourth workshop on “Protection against discrimination on the basis of sex/gender” was held. The workshop was jointly organised by the Ministry for Human and Minority Rights, OSCE Mission to Montenegro, Centre for Democracy and Human Rights (CEDEM) and the Judicial Training Centre of Montenegro. This is the fourth thematic workshop with same attendees which completed certain themes related to discrimination. Attendees were presented the certificate at the end of the workshop. The aim of these workshops is strengthening the capacities o all public institutions implementing the Law on Prohibition of Discrimination. The fourth workshop addressed the prohibition of gender based discrimination. More concrete themes included: Prohibition of gender based discrimination – international standards; Prohibition of gender based discrimination – ECHR and its application; domestic violence – legislation and practice in Montenegro; Law on Prohibition of Discrimination and its application in Montenegro – focus on discrimination based on gender; Trafficking – international standards; Trafficking – legislation and practice in Montenegro; Position of women in Montenegro – Roma women, women belonging to LGBT population and disabled women. Lecturers were: Ms Saadiya Chaudary, expert from AIRE Centre from London, Ms Biljana Zeković, SOS line for women and children victims of violence, Ms Branka Vlahović, Ministry of Human and Minority, Aida Petrović, Montenegrin Women Lobby and Neđeljka Sindik, Libertask. The workshop was attended by 27 participants in total (not including organisers and lecturers), out of whom: 8 representatives of the judiciary – 4 judges (from Basic Courts in Podgorica, Bar, Bijelo Polje and Kolašin) and 4 representatives of state prosecution offices, whereas the rest of participants were representatives of the line Ministry and relevant NGOs.
- 28 November – in Podgorica, Director of the Judicial Training Centre attended the round table on “Implementation of the Law on Enforcement and Security of Claims and presentation of the Law on Public Enforcement Officers”. Round table was organised under BERP project “Reform of enforcement procedure” supported by the Government of the Kingdom of Netherlands, with technical assistance provided by CILC, GIZ and UIHJ and in cooperation with the Ministry of Justice of Montenegro.
DECEMBER 2011
- 1 December 2011 – In Podgorica, the Youth Initiative for Human Rights (YIHR), member of the Civil Alliance, organised panel discussion on “Access to court – equality, publicity, transparency and efficiency of courts” at the Faculty of Law, University of Montenegro, in Podgorica. The report entitled “Access to court – equality, publicity, transparency and efficiency”, which represents a result of nine-month monitoring of operation of courts, was presented by Mr. Siniša Bjeković, project coordinator. Results of the field research were presented by Mr. Milan Radović, research associate. During two-hour discussion, great attention was devoted to working conditions in courts, criteria for appointment of judges, professional literature for vocational training of judges, relations between judiciary and media, and trial within reasonable time. The event was attended by presidents of courts, judges, professors from the Faculty of Law, representatives of the Bar Association, media and international organisations.
- 5 and 6 December 2011 – Podgorica, - Under the EU Twinning project “Implementation of the Criminal Procedure Code” between Montenegro and France, “Workshop for members of the Bar Association of Montenegro” was organised for attorneys from the central region of Montenegro on 5-6 December 2011 in Podgorica. The workshop was organised in cooperation with the Agency for International Legal Cooperation of France, Ministry of Justice of Montenegro, and the Judicial Training Centre of Montenegro. Lecturers were French experts: L. Guardia, former public prosecutor in the Court of Cassation in Paris, N. Fauveau Ivanović, attorney, and R. Gastone, attorney. Concrete subjects addressed in the workshop were: equality of arms; defence – prosecution; independence of the attorney; role of the attorney in plea
46 bargaining procedure; role of the attorney in pre-trial procedure. The workshop was attended by 12 attorneys (not including lecturers and organisers).
- 5 and 7 December 2011 – Budva, Centre, -In cooperation with OSCE Mission to Montenegro, the Judicial Training Centre organised seminar on “Findings and opinions of expert witnesses – expert witnessing of cases of sexual abuse of children – identification, interviews and credibility criteria”. Objectives of the seminar were: to assist the holders of judicial office in resolving dilemmas over appointment of expert witnesses, to make them aware of the extent to which the facts can be determined by expert witnessing, and to introduce the expert witnessing methods, all for the purpose of more proper appointment of expert witness of a particular profile and more comprehensive assessment of given opinion or finding as a specific type of evidence. More concrete themes included: Documentary "Stolen Childhood" and discussion; Sexual abuse – signs and consequences; sexual abuse identification – 1. part; basics of forensic interview; film and discussion; processing and expertise.
Lecturers at the seminar were regional experts with profuse experience in this area: Prof. PhD Sc. Gordana Buljan Flander, psychologist and psychotherapist, Director of the Child protection Centre in Zagreb, and expert witness, and PhD Domagoj Štimac, psychiatrist, sub-specialist in child and adolescent psychiatry and expert witness. The seminar was attended by 31 participants in total (not including organisers and lecturers) out of whom: 10 representatives of state prosecution offices (3 Deputy High State Prosecutors from Podgorica and Bijelo Polje, 2 Basic State Prosecutors from Ulcinj and Kolašin, 5 Deputy Basic State Prosecutors from Podgorica, Bar, Cetinje and Nikšić), 11 representatives of courts (2 judges from the High Court in Podgorica; president, 2 judges and 2 associates from the Basic Court in Podgorica; 2 judges from the Basic Court in Nikšić; president and one judge from the Basic Court in Herceg Novi), 5 representatives of the Bar Association and 5 expert witnesses – psychologists.
- 12 and 14 December 2011 – Budva, in cooperation with UNDP in Montenegro, OSCE Mission to Montenegro, U.S. Embassy in Podgorica and the Human Resources Management Administration, the Judicial Training Centre organised seminar on “Investigation of corruptive criminal offences and related issues, with emphasis on financial investigations and seizure of property – experiences of Great Britain”, which represents training programme no. 3 and an integral part of the Programme of training of judges and prosecutors in the fight against corruption in the context of new CPC. Aim of the seminar was the improvement of knowledge of judges and prosecutors in investigation of corruptive criminal offences, especially financial investigation and deprivation of proceeds of crime. Attendees had the opportunity to discuss woth the colleagues from Great Britain on solutions from their practice and to exchange experiences on new solutions of the CPC. Lecturers were national experts and experts from Great Britain: Đ. Ivanović, Special Prosecutor for the Fight against Organised Crime, Corruption, Terrorism and War Crimes; J. Krunić, Financial Advisor to the Special Prosecutor; M. Bašović, judge of the High Court in Podgorica; N. Amin, Prosecutor; L. Heaton, Supreme Eulex Prosecutor and J. Baumphrey, attorney. More concrete themes included: financial investigations, seizure and confiscation of „illegal“ assets –as regulated by the new CPC; investigation of corruptive criminal offences with special emphasis on financial situation and seizure of property – experiences of investigation judge; introduction to the Law on Confiscation and Financial Investigations in Great Britain; team approach: Prosecution Office, police and financial investigations; frame of Law on Confiscation; leading principles of the Law on Confiscation; financial investigations: significance and value; certain key examples of case law and principles; introduction to case studies and expected results; team work, discussion and concrete cases. The seminar was attended by 14 participants (not including lecturers and organisers) out of whom: 4 representatives of state prosecution offices (Special Prosecutor and advisor to the Special Prosecutor; Deputy High State Prosecutor in Podgorica; Deputy Basic State Prosecutor in Podgorica), 7 representatives of courts (4 judges of the High Court in Podgorica, one judge of the Basic Court in Podgorica, and 2 associates from the High Court in Bijelo Polje) and 3 officers from the Police Administration.
47 - 14 and 16 December 2011 – Joint work on the Training Programme on the Criminal Procedure Code for judges, prosecutors and police was organises in Budva on 14-16 December by the Organisation for Security and Cooperation in Europe (OSCE) Mission to Montenegro, U.S. Embassy in Montenegro and the Judicial Training Centre. Members of the working group who worked on the aforementioned programme were representatives of courts (2 judges from the Supreme Court of Montenegro), representatives of state prosecution offices (High State Prosecutor from Podgorica and from Bijelo Polje) and a representative of the Police Administration. The programme will be adjusted to the requirements of the new Criminal Procedure Code and will practically address all criminal procedure stages, as well as new institutes. Emphasis will be put on practical work, simulation of a procedure and case studies. The Programme will be part of the Centre’s Annual Programme for 2012.
- 19 and 20 December 2011 – Podgorica, regional round table for institutions involved in education of judges and prosecutors was organised in Podgorica under the project “Justice and War Crimes”, financed by the European Union and implemented in the partnership of OSCE – ODIHR (Office for Democratic Institutions and Human Rights), ICTY (International Criminal Tribunal for the former Yugoslavia) and UNICRI (United Nations Interregional Crime and Justice Research Institute), and in cooperation with the Judicial Training Centre. Purpose of the project “Justice and War Crimes” is to strengthen judicial systems in the region for processing very complex war crime cases in accordance with international standards. One of the objectives is to make the materials of the International Criminal Tribunal for the former Yugoslavia available to national judicial bodies, as well as to prepare a comprehensive and practical material in the area of international and humanitarian law and practice, particularly with regard to criminal offences of genocide, crimes against humanity and war crimes, adjusted to legal frameworks of the countries in the region. Regional round table aimed at showing the results of the project as well as at improvement of cooperation between regional education institutions between themselves and regional institutions and project partners.
On this occasion, e-portal was presented, containing database on activities taken by institutions involved in training of judges and prosecutors, legislation (national, bilateral and international conventions), platforms for distance learning, reports and publications on war crimes processing, and training materials.
The round table was attended by representatives of institutions involved in training of judges and prosecutors as well as judicial office holders dealing with war crime cases from Croatia, Serbia, Montenegro, Bosnia and Herzegovina, Republic of Srpska, Macedonia and Kosovo. Representatives of institutions of all mentioned countries presented briefly (10 minutes) the work of their institutions and their programmes, noting the strength, weaknesses and what is to be improved in the field of education of judges and prosecutors in criminal matters of war crime, international and humanitarian law and practice. On behalf of Montenegro, executive director of the Centre presented its work and it was attended by 2 judges of special departments of High Court in Podgorica and Bijelo Polje for fight against corruption, organised crime, terrorism and war crimes. Rund table was closed and at that occasion President of the Supreme Court of Montenegro Vesna Medenica was present as well as the Ambassador of the OSCE Mission to Montenegro Sarunas Adomavicius and media representatives.
- 22 December 2010 – Podgorica, the final exam for attendants of the 2011 Initial Education Programme was organised in the Judicial Training Centre. Attendants entitled to sitting the final exam took three-hour written test. The written test had been prepared by the Centre’s Examination Commission and it contained questions relating to civil and criminal matters. Results of the test will be announced after 10 January 2012. Candidates will be ranked according to their success. The Centre will deliver the list of candidates to the Judicial and Prosecutorial Councils as provided under the Law on Training in Judicial Bodies.
Also in 2011, the Centre regularly distributed to all courts and public prosecution offices in Montenegro Newsletter of Selected Judgments of European Court of Human Rights. In
48 previous years, the newsletter was issued monthly but in 2011 it was improved and is issued on quarterly basis. Issuance of the third and fourth edition of the newsletter for 2011 was supported by the Training Centre through the Supreme Court of Montenegro. This long practice of the Training Centre is implemented in cooperation with AIRE Centre from London (Centre for provision of legal aid in terms of human rights protection in Europe) and Council of Europe.
SUPREME COURT OF MONTENEGRO Judicial Training Centre
REPORT OF JUDICIAL TRAINING CENTRE ON PERFORMED INITIAL EDUCATION PROGRAMME
Law on Education in Judicial Authorities entered into force on 1 January 2007. This Law for the first time introduces initial education in the programme of Judicial Education Centre of Montenegro (hereinafter referred to as the Centre). Apart from judges and prosecutors right and commitments to educate professionally, have those who prepare to undertake the function when conditions are acquired. »Initial education is organised for associates in judicial authorities (judges and prosecutors) a swell as lawyers who fulfil general conditions for work in public authorities and have passed bar exam and is designed for their preparation for judicial function." (Article 7 of the Law on Education in Judicial Authorities).
In accordance with the Law, the Centre approached the realisation of the special Initial Education Centre in early 2007. This practice was continued in 2011 when the fifth generation of attendees was trained in accordance with special initial education programme adopted by the Programme Board of the Initial Education Centre.
Entrance examination Initial Education Programme for 2011 was organised on 21 January 2011. After the announcement for admission of candidates in 2011 Initial Education Centre, the Centre received 32 reports. All 32 candidates who submitted the applications, with accompanying documentation (CV, certificate of bar exam and certificate on work eservice), fulfilled requirements of announcement but 25 took the entrance exam. The candidates took test on the first day. The test was prepared by three-member commission of the Centre, selected by Coordinating Committee of the Centre (as top body of Centre), composed of Radule Kojović, judge of the Supreme Court, Sonja Bošković, Deputy Supreme Prosecutor of Montenegro and Julka Badnjar, judge of the Supreme Court. The test contained questions from civil and criminal area of law (25 questions). On second day the candidates had interview before Testing Commission. According to results of the test and the interview 23 candidates acquired status of attendee of the 2011 Initial Education Programme.
2011 Initial Education Programme was realised through XVIII Module (two-day seminar), and candidates regularly attended the programme and fulfilled condition for taking final exam. The candidates are:
NAME CITY EMPLOYEE OF
1. Nenad Vujanović Podgorica Basic Court
2. Milica Vlahović Podgorica High Court
49 3. Biljana Marković Podgorica Basic Court Basic Court 4. Milica Drašković Podgorica Basic Court 5. Milena Ivanović Podgorica
6. Željka Jovanović Podgorica Basic Court Regional 7. Marina Tanjević Podgorica Misdemeanour Authority Basic Public 8. Jelena Protić Podgorica Prosecutor's Office Basic Public 9. Marija Kažić Podgorica Prosecutor's Office
10. Sava Dragić Podgorica Commercial Court
11. Irena Šofranac - Nedović Podgorica High Court
12. Marko Đukanović Cetinje Basic Court
13. Silvana Radonjić Cetinje Basic Court
14. Sandra Bursać Podgorica High Court
15. Jovan Stanković Herceg Novi Basic Court
16. Elvis Duraković Berane Basic Court
17. Irina Jocović Bijelo Polje High Court
18. Jelena Vučetić Bijelo Polje High Court
19. Marija Novović Bijelo Polje Basic Court
Final exam was organised for generation attending 2011 Initial Education Programme on 22 December 2011. Attendees who fulfilled the condition for taking Final Exam took test in criminal and civil substance. Report on final exam and list of candidates ranged according to the success achieved has been submitted to Judicial and Prosecution Council in line with commitment arising from the Law on Education in Judicial Authorities.
Detailed overview off modules of the 2011 Initial Education Programme is given below, along with evaluation given by attendees.
MODUL I OF THE PROGRAM OF INITIAL EDUCATION FOR 2011
- Criminal Law -
Judicial Education Centre 7-8 April 2011
50 The Judicial Education Centre of Montenegro organized a two day Module of the program of initial education on 8 and 9 April 2011 in the premises of the Centre in Podgorica.
This is the first module and it addressed the following topics: - general provisions of Criminal Procedure Law, - police authorisation and actions during preliminary investigation, - deprivation of freedom and detention by police. - criminal report and prosecutor's work on it , - delayed prosecution
Lecturers on this Module were Sonja Bosković, Deputy Supreme Prosecutor, and Svetlana Vujanović, judge of Appellate Court.
At the end of the, the participants were asked to fill in an evaluation form and rate the seminar, its contents and lecturers, as well as to give their suggestions and comments. The evaluation form contained 6 questions, out of which 3 questions were given in a scale form, with the possibility of leaving comments, whereas the remaining 3 questions were given in an open descriptive form.
The evaluations were completed by 17 out of 20 participants.
1. As to the question “How would you rate the seminar, including all its aspects?” the participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Fifteen participants rated the seminar as excellent and two with the grade 4. Average grade is: 4.88.
2. As to the question “Which part of the seminar was the most useful for you?” the participants gave the following answers: Every topic was interesting and educative, especially the examples from the judge's and prosecutor's experience Complete presentation by Ms Sonja Bosković and provisions on conduction of preliminary investigation by Ms Svetlana Vujanović. Criminal report, police authorization and action during preliminary investigation The module was entirely very useful. All: part I and II. All was useful Part II. All. All is equally useful! Everything is useful.
3. As to the question “Which part of the seminar was the least useful for you?” participants gave the following answers:
Every part had a point and contributed to better understanding of theories. Delayed criminal prosecution Not applicable
4. As to the question “How would you rate the lecturers?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Seventeen participants rated the work of the lecturers as excellent and one with the grade 4. Average grade is: 5.00.
COMMENTS: Clear, elaborated and concise topics which kept attention during the seminar. Every topic was dedicated enough time.
51 5. As to the question “How would you rate organization of the seminar?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Fifteen participants rated the organization of the seminar as excellent and two with the grade 4. The average grade is: 4.88.
6. Participants were asked to give suggestions in order to improve the seminar and other comments:
High quality of implementation of the Program.
MODUL II OF THE PROGRAM OF INITIAL EDUCATION FOR 2011
- Criminal Law -
Judicial Education Centre 14-15 April 2011
The Centre for Education of judges and prosecutors of Montenegro organized a two day Module of the program of initial education on 14 and 15 April 2011 in the premises of the Centre in Podgorica.
This was the module II dedicated to Criminal Procedure Law. It addressed the following topics: - investigation, - authorisation of state prosecutor and investigation judges, - suspension of investigation, - termination of investigation. - evidence collecting, - who is authorised to process them and modes of realisation.
Lecturers at the seminar were: Petar Stojanović and Radule Kojović, judges of the Supreme Court.
At the end of the seminar, participants were asked to fill in an evaluation form and rate Module XI, its contents and lecturers, as well as to give their suggestions and comments. The evaluation form contains 6 questions, out which 3 questions are given in a scale form, with the possibility of leaving comments, whereas the remaining 3 questions are given in an open descriptive form.
The evaluation forms were completed by 16 participants.
1. As to the question “How would you rate the seminar, including all its aspects?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Fifteen participants rated the seminar as excellent and one with the grade 4. Average grade is: 4.94.
2. As to the question “Which part of the seminar was the most useful for you?” participants gave the following answers:
Investigation Actions of proving All was equally useful All is useful All Part referring to practical experiences
52 This module was entirely useful, especially the practical explanation of new resolutions in Criminal Procedure Law.
3. As to the question “Which part of the seminar was the least useful for you?” participant did gave the following answers:
Action of proving
4. As to the question “How would you rate the lecturers?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Sixteen participants rated the work of the lecturers as excellent. Average grade is: 5.00.
THERE WERE NO COMMENTS.
5. As to the question “How would you rate organization of the seminar?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Fifteen participants rated the organization of the seminar as excellent and one with the grade 4. The average grade is: 4.94.
6. Participants were asked to give suggestions in order to improve the seminar and other comments:
More interaction between lecturers and participants More examples from personal experience
MODUL III OF THE PROGRAM OF INITIAL EDUCATION FOR 2011
- Criminal Procedure Law –
Judicial Education Centre
20-21 April 2011
The Judicial Education Centre of Montenegro organised a two day Module of the program of initial education on 20 and 21 April 2011 in the premises of the Centre in Podgorica.
This module addressed the issues of criminal procedure:
- Temporary confiscation of assets, property benefits and items, - Confiscation of property benefits - Permanent confiscation of possession of legal source is not proved, - Bona fide protection of third persons - damaged persons and confiscation of property benefits
Lecturers at the Module were Sonja Bosković, Deputy of Supreme Prosecutor, Petar Stojanović i Radule Bosković, judges of Supreme Court.
At the end of the seminar, participants were asked to fill in an evaluation form and rate the Modul III, its contents and lecturers, as well as to give their suggestions and comments. The evaluation form contains 6 questions, out which 3 questions are given in a scale form, with the possibility of leaving comments, whereas the remaining 3 questions are given in an open descriptive form
The evaluation forms were completed by 16 participants.
53 1. As to the question “How would you rate the seminar, including all its aspects?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Fifteen participants rated the seminar as excellent and one with the grade 4. Average grade is: 4.94.
2. As to the question “Which part of the seminar was the most useful for you?” participants gave the following answers:
Measures of secret surveillance and financial investigation All Examples from practice Measures of secret surveillance All
3. As to the question “Which part of the seminar was the least useful for you?” participant did not give any answers.
None
4. As to the question “How would you rate the lecturers?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Fifteen participants rated the work of the lecturers as excellent and one with the grade 4. Average grade is: 4.94.
COMMENTS: Excellent performance of the lectures Practical experience added to theory
5. As to the question “How would you rate organization of the seminar?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Fifteen participants rated the organization of the seminar as excellent and one with the grade 4. The average grade is: 4.94.
COMMENTS: More frequent organization of seminars (modules) is a lot more efficient than when they are organized in longer intervals.
6. Participants were asked to give suggestions in order to improve the seminar and other comments:
More examples from practice.
MODUL IV OF THE PROGRAM OF INITIAL EDUCATION FOR 2011
- Criminal Law –
Judicial Education Centre
9-10 May 2011
The Judicial Education Centre of Montenegro organized a two-day Module of the program of initial education on 9 and 10 May 2011 in the premises of the Centre in Podgorica.
The lectures on this Module were Radule Kojović and Petar Stojanović, judges of Supreme Court.
54 This module addressed the issue of criminal procedure: - indictment and examination of indictment, - plea bargaining
At the end of the seminar, participants were asked to fill in an evaluation form and rate Module IV, its contents and lecturers, as well as to give their suggestions and comments. The evaluation form contains 6 questions, out which 3 questions are given in a scale form, with the possibility of leaving comments, whereas the remaining 3 questions are given in an open descriptive form. . The evaluation forms were completed by 16 participants.
1. As to the question “How would you rate the seminar, including all its aspects?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Fourteen participants rated the seminar excellent and two with the grade 4. Average grade: 4.87.
2. As to the question “Which part of the seminar was the most useful for you?” participants gave the following answers:
The part in which we commented the written indictment was the most useful. Indictment and its control, plea bargaining. Preparation of indictment All Practical part. All Preparation of the indictment and its analysis Preparation of indictment and its analysis.
3. As to the question “Which part of the seminar was the least useful for you?”, the participants gave the following answers:
None
4. As to the question “How would you rate the lecturers?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Fourteen participants rated lecturers as excellent and two with the grade 4. Average grade: 4.87. There were no comments.
5. As to the question “How would you rate organization of the seminar?”, participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Fourteen participants rated organization of the seminar as excellent and two with the grade 4. Average grade: 4.87. There were no comments.
6. Participants were asked to give suggestions in order to improve the seminar and other comments: Bad quality of food
MODULE V OF THE PROGRAM OF INITIAL EDUCATION FOR 2011
- Criminal Law –
Judicial Education Centre
30-31 May 2011
55 The Judicial Education Centre of Montenegro organized a two day Module of the program of initial education on 30 and 31 May 2011 in the premises of the Centre in Podgorica.
This is the Module V dedicated to Criminal Law. It addressed the following topics - main hearing, - conduct of main hearing, - taking of proofs in main hearing, - minutes from main hearing - procedure for imposition of criminal sanction without main hearing, - summary procedure, - imposition of court warning - judgment - types of judgments - written drafting of judgment
The lectures on this Module were Radule Kojovic anf Petar Stojanovic, judges of Supreme Court.
At the end of the seminar, participants were asked to fill in an evaluation form and rate the Module V, its contents and lecturers, as well as to give their suggestions and comments. The evaluation form contains 6 questions, out which 3 questions are given in a scale form, with the possibility of leaving comments, whereas the remaining 3 questions are given in an open descriptive form.
The evaluation form was completed in by 12 participants.
1. As to the question “How would you rate the seminar, including all its aspects?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All twelve participants rated the seminar as excellent. Average grade: 5.00
2. As to the question “Which part of the seminar was the most useful for you?” participants gave the following answers:
All Examples from practice All lectures by Petar Sojanović and Radule Kojović I find everything useful Main hearing All parts
3. As to the question “Which part of the seminar was the least useful for you?” participant gave the following answers: Not applicable
4. As to the question “How would you rate the lecturers?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All twelve participants rated lecturers as excellent. Average grade: 5.00. There were no comments.
5. As to the question “How would you rate organization of the seminar?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All twelve participants rated organization of the seminar as excellent. Average grade: 5.00.
6. Participants were asked to give suggestions in order to improve the seminar and other comments: There were no comments on this occasion
56 .
MODULE VI OF THE PROGRAM OF INITIAL EDUCATION FOR 2011
- Civil Law –
Judicial Education Centre
9-10 June 2011
The Judicial Education Centre of Montenegro organized a two day Module of the program of initial education on 9 and 10 June 2011 in the premises of the Centre in Podgorica.
This is the Module VI and it addressed the following topics: - complaint, - types of complaint, - content of complaint, -prior examination of complaint and measures for elimination of deficiencies in appeal - response to appeal, - procedural legal and substation petitions.
The lecturers on this Module were Julka Badnjar and Vesna Begovic, judges of Supreme Court.
At the end of the seminar, participants were asked to fill in an evaluation form and rate Module VI, its contents and lecturers, as well as to give their suggestions and comments. The evaluation form contains 6 questions, out which 3 questions are given in a scale form, with the possibility of leaving comments, whereas the remaining 3 questions are given in an open descriptive form
The evaluation forms were completed by 19 participants.
1. As to the question “How would you rate the seminar, including all its aspects?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All nineteen participants rated the seminar as excellent. Average grade: 5.00.
2. As to the question “Which part of the seminar was the most useful for you?” participants gave the following answers:
All was useful All All is useful equally The practical one, comments on charges Response to appeal and procedural legal and substation petitions Examples from practice and work on charges in general Examples from practice All discussions Every topic is welcome All!
3. As to the question “Which part of the seminar was the least useful for you?” participants gave the following answers: All of it was useful
57 4. As to the question “How would you rate the lecturers?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All nineteen participants rated lecturers as excellent. Average grade: 5.00.
Comments: Excellent, plenty of examples from practice.
5. As to the question “How would you rate organisation of the seminar?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All nineteen participants rated organisation of the seminar as excellent. Average grade: 5.00.
6. Participants were asked to give suggestions in order to improve the seminar and other comments: None. Everything is splendid!
MODULE VII OF THE PROGRAM OF INITIAL EDUCATION FOR 2011
- Criminal Procedure Law –
Judicial Education Centre
16-17 June 2011
The Judicial Education Centre of Montenegro organized a two-day Module of the program of initial education on 16 and 17 June 2011 in the premises of the Centre in Podgorica.
This is the Module VII which is dedicated to written drafting of judgment and commenting on judgments drafted by the participants.
The lecturers on this Module were judges of Supreme Court: Petar Stojanović and Radule Kojović.
At the end of the seminar, participants were asked to fill in an evaluation form and rate Module VII, its contents and lecturers, as well as to give their suggestions and comments. The evaluation form contains 6 questions, out which 3 questions are given in a scale form, with the possibility of leaving comments, whereas the remaining 3 questions are given in an open descriptive form.
The evaluation forms were completed by 18 participants.
1. As to the question “How would you rate the seminar, including all its aspects?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Seventeen participants rated the seminar as excellent and one with the grade 4.. Average grade: 4.94.
2. As to the question “Which part of the seminar was the most useful for you?” participants gave the following answers:
All, especially the practical part Drafting of judgment Commenting on judgments Drafting of judgments Commenting of drafted judgments Judgments, drafting of judgments All
58 3. As to the question “Which part of the seminar was the least useful for you?” participants gave the following answers: There isn't one!
4. As to the question “How would you rate the lecturers?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Seventeen participants rated lecturers as excellent and one with the grade 4. Average grade: 4.94.
5. As to the question “How would you rate organization of the seminar?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Seventeen participants rated organization of the seminar as excellent and one with the grade 4. Average grade: 4.94. There were no comments. .
6. Participants were asked to give suggestions in order to improve the seminar and other comments:
● Bad quality of food
MODULE VIII OF THE PROGRAM OF INITIAL EDUCATION FOR 2011
- Criminal Law –
Judicial Education Centre
30 June- 1 July 2011
The Judicial Education Centre of Montenegro organized a two day Module of the program of initial education on 30 June and 1 July 2011 in the premises of the Centre in Podgorica.
This Module is dedicated to practical skills of the participants.
The lecturers on this Module were judges of Supreme Court: Petar Stojanović and Radule Kojović.
At the end of the seminar, participants were asked to fill in an evaluation form and rate Module VIII, its contents and lecturers, as well as to give their suggestions and comments. The evaluation form contains 6 questions, out which 3 questions are given in a scale form, with the possibility of leaving comments, whereas the remaining 3 questions are given in an open descriptive form
The evaluation forms were completed by 17 participants.
1. As to the question “How would you rate the seminar, including all its aspects?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Sixteen participants rated the seminar as excellent and one with the grade 4. Average grade: 4.94.
2. As to the question “Which part of the seminar was the most useful for you?” participants gave the following answers:
Practical part, drafting of decisions, judgments, complaints and etc. Practical part Written drafting of complaint Practical part, drafting of complaint All is useful! All
59 Complaint
3. As to the question “Which part of the seminar was the least useful for you?” participants did not give any answers.
4. As to the question “How would you rate the lecturers?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Sixteen participants rated lecturers as excellent and one with the grade 4. Average grade: 4.94. There were no comments.
5. As to the question “How would you rate the organization of the seminar?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Sixteen participants rated lecturers as excellent and one with the grade 4. Average grade: 4.94. There were no comments.
6. Participants were asked to give suggestions in order to improve the seminar and other comments: There were no comments.
MODULE IX OF THE PROGRAM OF INITIAL EDUCATION FOR 2011
- Civil Law –
Judicial Education Centre
11-12 July 2011
The Judicial Education Centre of Montenegro organised a two day Module of the program of initial education on 11 and 12 July 2011 in the premises of the Centre in Podgorica.
This is Module IX and it addresses the following topics: - delivery - preliminary hearing - main hearing - evidence and taking of evidence - imposition of judgment - types of judgment
The lecturers on this Module were judges of Supreme Court: Julka Badnjar i Vesna Begović.
At the end of the seminar, participants were asked to fill in an evaluation form and rate the Module XIV, its contents and lecturers, as well as to give their suggestions and comments. The evaluation form contains 6 questions, out which 3 questions are given in a scale form, with the possibility of leaving comments, whereas the remaining 3 questions are given in an open descriptive form.
The evaluation forms were completed by 10 participants.
1. As to the question “How would you rate the seminar, including all its aspects?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All ten participants rated the seminar as excellent. Average grade: 5.00.
2. As to the question “Which part of the seminar was the most useful for you?” participants gave the following answers:
60 Preparation of minutes from the main hearing Preliminary hearing and main hearing Practical part About judgments All
3. As to the question “Which part of the seminar was the least useful for you?” participants did not give any answers.
4. As to the question “How would you rate the lecturers?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All ten participants rated lecturers as excellent. Average grade: 5.00.
5. As to the question “How would you rate organization of the seminar?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All ten participants rated organization of the seminar as excellent. Average grade: 5.00.
6. The participants were asked to give suggestions in order to improve the seminar and other comments:
- More of practical work
MODULE X OF THE PROGRAM OF INICIAL TRAINING FOR 2011
- Civil law -
Judicial Training Centre 8-9 September 2011
The Judicial Training Centre of Montenegro organised a two day Module of the program of initial education on 8 and 9 September 2011 in the premises of the Centre in Podgorica.
This is the Module X that involved the following topics -the contents and written production of the first degree judgment
Lecturers at the seminar were: judges of Supreme Court of Montenegro: Julka Badnjar and Vesna Begović.
At the end of the seminar, participants were asked to fill in an evaluation form and rate the seminar, its contents and lecturers, as well as to give their suggestions and comments. The evaluation form contains 6 questions, out which 3 questions are given in a scale form, with the possibility of leaving comments, whereas the remaining 3 questions are given in an open descriptive form.
The evaluation form was filled in by 15 participants.
1. As to the question “How would you rate the seminar, including all its aspects?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Fourteen participants rated the seminar as excellent and one with the grade 4. Average grade is: 4.93
61 2. As to the question “Which part of the seminar was the most useful for you?” participants gave the following answers:
All of them Writing and producing of a civil judgment Giving comments of a produced judgment Written production of a judgment Case study Each part was of excellent use All of them and in particular the practical part Case study Excursuses- along with practical examples Both theory and practice, excellent
3. As to the question “Which part of the seminar was the least useful for you?” participants did not give any answers.
4. As to the question “How would you rate the lecturers?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Fourteen participants rated the work of the lecturers as excellent and one with the grade 4. Average grade is: 4.93
5. As to the question “How would you rate organisation of the seminar?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Fourteen participants rated the organisation of the seminar as excellent and one with the grade 4. The average grade is: 4.93
There were not any comments.
6. Participants were asked to give suggestions in order to improve the seminar and other comments
Poor quality of sandwiches
MODULE XI OF THE PROGRAM OF INICIAL TRAINING FOR 2011
- Civil Law -
Judicial Teeing Centre 15-16 September 2011
The centre for education of judges and prosecutors of Montenegro organised a two day Module of the program of initial education on 15 and 16 September 2011 in the premises of the Centre in Podgorica.
This Module XI that regarded the following Extra-contentious - Undertaking of the procedure and parties in the extra-contentious procedure - The differences between civil procedure and extra-contentious procedure
Enforcement procedure - Motion for enforcement - Enforcement paper, concept and types - legitimation of parties, - Stay of enforcement
62 - counter enforcement
Lecturers at the seminar were: Julka Badnjar, judge of Supreme Court of Montegro and Dragana Đuranovic judge of High Court in Podgorica.
At the end of the seminar, participants were asked to fill in an evaluation form and rate Module XI, its contents and lecturers, as well as to give their suggestions and comments. The evaluation form contains 6 questions, out which 3 questions are given in a scale form, with the possibility of leaving comments, whereas the remaining 3 questions are given in an open descriptive form.
The evaluation form was filled in by 15 participants.
1. As to the question “How would you rate the seminar, including all its aspects?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Fourteen participants rated the seminar as excellent and one with the grade 4. Average grade is: 4.93
2. As to the question “Which part of the seminar was the most useful for you?” participants gave the following answers:
The new law on enforcement and security Lectures on enforcement procedure Practical part
3. As to the question “Which part of the seminar was the least useful for you?” participant did not give any answers.
4. As to the question “How would you rate the lecturers?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Fourteen participants rated the work of the lecturers as excellent and one with the grade 4. Average grade is: 4.93
There were not any comments
5. As to the question “How would you rate organisation of the seminar?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Fourteen participants rated the organisation of the seminar as excellent and one with the grade 4. The average grade is: 4.93 There were not any comments.
6. Participants were asked to give suggestions in order to improve the seminar and other comments
Poor quality of sandwiches
MODULE XII OF THE PROGRAM OF INITIAL EDUCATION FOR 2011
- Civil Area -
Judicial Training Centre 29-30 September 2011
The Judicial Training Centre of Montenegro organised a two day Module of the program of initial education on 29 and 30 September 2011 in the premises of the Centre in Podgorica.
63 This is the Module XII that involved the following topics
- Null and voidable contracts -compensation of immaterial damage caused by defamation by media and European practice regarding the enforcement of Article 10 of European Convention of Human Rights - compensation of material damage
Lecturers at the Module XII were judges of Supreme Court Natalija Filipović and Dušanka Radović.
At the end of the seminar, participants were asked to fill in an evaluation form and rate Module XII, its contents and lecturers, as well as to give their suggestions and comments. The evaluation form contains 6 questions, out which 3 questions are given in a scale form, with the possibility of leaving comments, whereas the remaining 3 questions are given in an open descriptive form.
The evaluation form was filled in by 14 participants.
1. As to the question “How would you rate the seminar, including all its aspects?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Thirteen participants rated the seminar as excellent and one with the grade 4. Average grade is: 4.93
2. As to the question “Which part of the seminar was the most useful for you?” participants gave the following answers:
Case study Examples from the practical part Null contracts All of them Practical part Resolving practical issues
3. As to the question “Which part of the seminar was the least useful for you?” participant did not give any answers.
4. As to the question “How would you rate the lecturers?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Thirteen participants rated the work of the lecturers as excellent and one with the grade 4. Average grade is: 4.93
5. As to the question “How would you rate organisation of the seminar?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. Thirteen participants rated the organisation of the seminar as excellent and one with the grade 4. The average grade is: 4.93
6. Participants were asked to give suggestions in order to improve the seminar and other comments
On this occasion participants did not give any suggestions or comments.
XIII MODULE XII OF THE PROGRAM OF INITIAL EDUCATION FOR 2011
-Civil Law-
Judicial Training Centre
64 6-7 October 2011
The Judicial Training Centre of Montenegro organised a two day Module of the program of initial education on 6 and 7 October 2011 in the premises of the Centre in Podgorica.
This is the Module that elaborated
- New solutions in the Law on Obligations, - New solutions in the o Law on Property relations.
Lecturers at this Module were: Dušanka Radović and Vesna Begović, judges of Supreme Court of Montenegro.
At the end of the seminar, participants were asked to fill in an evaluation form and rate Module XIII, its contents and lecturers, as well as to give their suggestions and comments. The evaluation form contains 6 questions, out which 3 questions are given in a scale form, with the possibility of leaving comments, whereas the remaining 3 questions are given in an open descriptive form.
The evaluation form was filled in by 11 participants.
1. As to the question “How would you rate the seminar, including all its aspects?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All eleven participants rated the seminar as excellent. Average grade: 5.00
2. As to the question “Which part of the seminar was the most useful for you?” participants gave the following answers:
New solutions in the Law on Property Relations and in Law on Obligations Novelties in Law on Propriety Relations and in Law on Obligations Practical part that case study All of them
3. As to the question “Which part of the seminar was the least useful for you?” participant did not give any answers.
4. As to the question “How would you rate the lecturers?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All eleven participants rated lecturers as excellent. Average grade: 5.00
5. As to the question “How would you rate organisation of the seminar?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All eleven participants rated organisation of the seminar as excellent. Average grade: 5.00
There were not any comments.
6. Participants were asked to give suggestions in order to improve the seminar and other comments
There were not any further suggestions or comments made by participants
MODULE XIV OF THE PROGRAM OF INITIAL EDUCATION FOR 2011
- EU Law -
65 Judicial Training Centre 13-14 October 2011
The Judicial Training Centre of Montenegro organised a two day Module of the program of initial education on 13 and 14 October 2011 in the premises of the Centre in Podgorica.
This is Module XIV that elaborated: - Law of the European Union/EU (instruments, characteristics and fundamental principles - EU Court of Justice (organisation, jurisdiction and proceedings) - The procedure of giving preliminary instructions - Relation of European Union law and national legislations and the roll of national judge in enforcement of the EU law.
Lecturers on this Module were: PhD Miloš Vukčević and Ma Zvezdan Cađenović.
At the end of the seminar, participants were asked to fill in an evaluation form and rate the Module XIV, its contents and lecturers, as well as to give their suggestions and comments. The evaluation form contains 6 questions, out which 3 questions are given in a scale form, with the possibility of leaving comments, whereas the remaining 3 questions are given in an open descriptive form.
The evaluation form was filled in by 12 participants.
1. As to the question “How would you rate the seminar, including all its aspects?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All twelve participants rated the seminar as excellent. Average grade: 5.00
2. As to the question “Which part of the seminar was the most useful for you?” participants gave the following answers:
Law of the EU(sources, relation between national and EU law) All of them
3. As to the question “Which part of the seminar was the least useful for you?” participant did not give any answers.
4. As to the question “How would you rate the lecturers?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All twelve participants rated lecturers as excellent. Average grade: 5.00
5. As to the question “How would you rate organisation of the seminar?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All eleven participants rated organisation of the seminar as excellent. Average grade: 5.00
There were not any comments.
6. Participants were asked to give suggestions in order to improve the seminar and other comments
There were not any further suggestions or comments made by participants
MODUL XV OF THE PROGRAMNE OF INITIAL EDUCATION FOR 2011
66 - European Law-
Judicial Training Centre 20-21 October 2011
The Judicial Training Centre of Montenegro organised a two day Module of the program of initial education on 20 and 21 October 2011 in the premises of the Centre in Podgorica.
This Module elaborated: - European Convention for the Protection of Human Rights and Fundamental Freedoms - European Court for Human Rights - Article 6 of the European Convention on Human Rights - contents - Solutions of national legislative
The lecturer on this Module was Siniša Bjeković.
At the end of the seminar, participants were asked to fill in an evaluation form and rate Module XV, its contents and lecturers, as well as to give their suggestions and comments. The evaluation form contains 6 questions, out which 3 questions are given in a scale form, with the possibility of leaving comments, whereas the remaining 3 questions are given in an open descriptive form.
The evaluation form was filled in by 7 participants.
1. As to the question “How would you rate the seminar, including all its aspects?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All seven participants rated the seminar as excellent. Average grade: 5.00
2. As to the question “Which part of the seminar was the most useful for you?” participants did not give any answers.
3. As to the question “Which part of the seminar was the least useful for you?” participants did not give any answers.
4. As to the question “How would you rate the lecturers?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All seven participants rated lecturers as excellent. Average grade: 5.00
5. As to the question “How would you rate organisation of the seminar?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All seven participants rated organisation of the seminar as excellent. Average grade: 5.00
There were not any comments.
6. Participants were asked to give suggestions in order to improve the seminar and other comments
There were not any further suggestions or comments made by participants
MODUL XVI OF THE PROGRAM OF INITIAL EDUCATION FOR 2011
- Judicial Skills-
67 Judicial Training Centre 3-4 November 2011
The Judicial Training Centre of Montenegro organised a two day Module of the program of initial education on 3 and 4 October 2011 in the premises of the Centre in Podgorica.
This Module elaborated: I - communication skills The lecturer (psychologist) introduces participants to communications skills (stereotypes and prejudges, active listening, assertive communication, stress and burn-out syndrome, recognition of professional stress) and afterwards discusses these issues with participants.
II – forensics psychology
The lecturer (judge, psychologist) introduces participants to psychological aspects of the main hearing: - Courtroom psychology - Special rules that apply to “sensitive parties” in the procedure: injured parties, juveniles… - Skills of interrogating the defendant and witnesses - How to impose and maintain order in the courtroom in accordance with procedure laws - Criteria on which the statement of the defendant and witnesses is being evaluated - Assessment on the risk that the defendant will repeat the criminal offence and afterwards he discusses with participants.
Lecturers on this Module were: judge Vesna Begović and Anđa Backović, psychologist.
At the end of the seminar, participants were asked to fill in an evaluation form and rate Module XVI, its contents and lecturers, as well as to give their suggestions and comments. The evaluation form contains 6 questions, out which 3 questions are given in a scale form, with the possibility of leaving comments, whereas the remaining 3 questions are given in an open descriptive form.
The evaluation form was filled in by 13 participants.
1. As to the question “How would you rate the seminar, including all its aspects?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All thirteen participants rated the seminar as excellent. Average grade: 5.00
2. As to the question “Which part of the seminar was the most useful for you?” participants gave the following answers:
All of them Active listening and conflicts Lecture of Mrs Anđa Backović Lecture of psychologist Anđa Backović Practical part All of them
3. As to the question “Which part of the seminar was the least useful for you?” participants did not give any answers.
68 4. As to the question “How would you rate the lecturers?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All thirteen participants rated lecturers as excellent. Average grade: 5.00
5. As to the question “How would you rate organisation of the seminar?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All thirteen participants rated organisation of the seminar as excellent. Average grade: 5.00
There were not any comments.
6. Participants were asked to give suggestions in order to improve the seminar and other comments
There were not any further suggestions or comments made by participants
MODULE XVII OF THE PROGRAM OF INITIAL EDUCATION FOR 2011
– Judicial Skills-
Judicial Training Centre 10-11 November 2011
The Judicial Training Centre of Montenegro organised a two day Module of the program of initial education on 10 and 11 October 2011 in the premises of the Centre in Podgorica.
This Module elaborated:
- Ethical codex for judges and prosecutors -personal and institutional integrity
Lecturers on this module were judge Svetlana Vujanović and Veselin Vučković Supreme Prosecutor Deputy.
At the end of the seminar, participants were asked to fill in an evaluation form and rate Module XVII, its contents and lecturers, as well as to give their suggestions and comments. The evaluation form contains 6 questions, out which 3 questions are given in a scale form, with the possibility of leaving comments, whereas the remaining 3 questions are given in an open descriptive form.
The evaluation form was filled in by 12 participants.
1. As to the question “How would you rate the seminar, including all its aspects?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All twelve participants rated the seminar as excellent. Average grade: 5.00
2. As to the question “Which part of the seminar was the most useful for you?” participants gave the following answers:
Prosecutors ethical codex All of them All of them
3. As to the question “Which part of the seminar was the least useful for you?” participants did not give any answers.
69 4. As to the question “How would you rate the lecturers?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All twelve participants rated lecturers as excellent. Average grade: 5.00
5. As to the question “How would you rate organisation of the seminar?” participants could choose a grade ranging from 1 to 5 where 1 is poor and 5 is excellent. All twelve participants rated organisation of the seminar as excellent. Average grade: 5.00
There were not any comments.
6. Participants were asked to give suggestions in order to improve the seminar and other comments
There were not any further suggestions or comments made by participants
Note 1: All of participants’ answers are presented originally.
In Podgorica 25 January 2011
70