Supreme Court of Montenegro

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; ; www.coscg.org;

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;

- 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 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 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: