# EUR-Lex - 52012DC0222 - EN

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# 52012DC0222

**REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL ON MONTENEGRO'S PROGRESS IN THE IMPLEMENTATION OF REFORMS /* COM/2012/0222 final */**

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REPORT FROM THE COMMISSION TO THE
EUROPEAN PARLIAMENT AND THE COUNCIL

ON MONTENEGRO'S PROGRESS IN THE
IMPLEMENTATION OF REFORMS

1.           Introduction

In its Opinion[1] on Montenegro's application for
membership, the European Commission identified seven key priorities[2] which had to be fulfilled for
the Commission to recommend the opening of accession negotiations with
Montenegro. In its 2011 Enlargement Strategy Paper[3], based on the analysis in the
2011 Progress Report[4],
the Commission concluded that Montenegro has successfully addressed the key
priorities set out in 2010 by the EU as a pre-requisite to opening accession
negotiations. The December 2011 European Council welcomed the Commission's
assessment on the good progress made by Montenegro, which has achieved overall
satisfactory results. With a view to opening accession negotiations with
Montenegro in June 2012, the European Council tasked the Council to examine
Montenegro's progress in the implementation of reforms, with particular focus
on the area of rule of law and fundamental rights, especially the fight against
corruption and organised crime, on the basis of a report to be presented by the
Commission in the first half of 2012.

Following the
European Council conclusions of December 2011, the Commission has initiated the
screening process for the chapters on judiciary and fundamental rights as well
as on justice, freedom and security. In light of the new approach for both
chapters, this will allow the issues identified under both chapters to be
addressed at an early stage of the accession negotiations.

This report assesses
the additional progress made by Montenegro in the period from 1 September 2011 in
the implementation of reforms linked to the key priorities. During this period,
Montenegro achieved further progress in strengthening
the work of the parliament, the professionalism and de-politicisation of public
administration, media freedom and cooperation with the civil society. The process
of constitutional revision aiming at providing solid guarantees for the
independence of the judiciary is ongoing. Montenegro has further developed its
track record in combating corruption and organised crime. Implementation of
recently adopted anti-discrimination and anti-corruption measures has started
and further progress has been made with respect to displaced persons and Roma,
Ashkali and Egyptians. Montenegro continued to play a constructive role in the
region and to implement smoothly its Stabilisation and Association Agreement.
Montenegro will need to sustain its efforts, however, to further develop a
track record in the area of rule of law, in particular with respect to
high-level corruption and organised crime cases, and to ensure a safe
environment for investigative journalism.

The assessment in this report is based on information gathered and
analysed by the Commission, including input provided by Montenegro, the
findings of peer-assessment missions as well as information shared by Member
States, international and civil society organisations in their regular contacts
with the Commission.

2.           Implementation of reforms

Parliament

Amendments to the Law on the election of
municipal councillors and members of parliament were adopted in September 2011,
thus harmonising the legislative framework for elections with the Constitution
and addressing the main OSCE/ODIHR and Venice Commission recommendations on
elections. Implementation of the electoral legislation has started. Vacant
positions of members of Parliament have started to be filled according to the
order in electoral lists. The president and nine members of the State Election
Commission were appointed by the Parliament in December 2011. Recent
legislation needs to be completed as regards a number of pending OSCE/ODHIR and
Venice Commission recommendations, in particular those related to gender
equality, the dissolution of coalitions and their funding obligations, and the extension
of the mandate of the Central Election Commission to municipal elections.

The Parliament has
continued its intensive legislative activity, including
in a number of areas related to European integration such as prevention of
money laundering and terrorism financing, and audit of EU funds. The role and
the capacity of the Parliament in regulatory impact assessment and monitoring
the process of alignment with EU legislation need to be further strengthened.

Parliament's
oversight role has been further strengthened, notably through a steady increase
in the number of parliamentary questions, control and consultative hearings
with high-level state officials and discussions of reports submitted by various
institutions. As regards parliamentary oversight in the area of
anti-corruption, in February 2012 the Parliament decided, for the first time,
to open a parliamentary investigation and establish a committee of inquiry in
charge of collecting information and preparing a report on alleged corruption
in the privatisation of the company 'Telekom Crne Gore'.

The Parliament's
administrative capacity has been further strengthened, notably through
increasing staff numbers from 100 in October 2011 to 129 in March 2012. However,
continued efforts are needed to further enhance the Parliament’s administrative
and expert capacity.

There
has been further progress with regard to transparency in the work of the Parliament.
In December 2011, the Parliament started publishing the voting record of
individual MPs on its website. Further measures have been taken to improve
interaction with civil society and the public. The new law on lobbying adopted
in November 2011 inter alia regulates the relationship of the Parliament
with lobbyists.

Overall, further progress has been made in this field. Implementation of
recently adopted legislation on elections has started. Parliament's legislative
and oversight role has been further strengthened, including on rule of law
matters. The transparency of the work of the Parliament and cooperation with
civil society have improved. The administrative and expert capacity of the
Parliament has been reinforced in terms of staff and training. These efforts
need to continue with a view to consolidating the Parliament’s legislative
role, notably with regard to thorough compatibility checks of new legislation
with the EU acquis. Parliament's capacity for oversight and control of
the executive still needs to be further strengthened.

Public
administration

At the
government's initiative, a comprehensive reform of the public sector has been
launched to reorganise and rationalise the public administration, with the
support of the EU and other international organisations. A plan to reorganise
the public administration was endorsed by the government in April 2012.

As
part of the implementation of this reform, additional secondary legislation was
adopted aiming at streamlining the structures of public administration,
increasing its efficiency, strengthening cooperation with non governmental organisations and at introducing public hearings in
law drafting. Since January 2012 impact assessments have to be carried out for new legislation, and submitted to the government together with the
opinion of the Ministry of Finance on the budgetary impact of the
implementation of the new law. A total of 90 opinions on new legislation have
been issued since then.

The competences of
the State Audit Office (SAI) were extended to include the auditing of political
party financing through the adoption of amendments to the Law on Political
Party Financing; the capacity and independence of the SAI need to be reinforced
notably in this regard. A strategy for the development of this institution was
adopted by the government in April 2012.

Overall, Montenegro
has made some further progress to address the challenges of the public
administration reform. However, the comprehensive plan on the reorganisation of
the public administration needs to be finalised. The legal framework needs to
be further improved, especially in the area of recruitment procedures for civil
servants, strengthening of the institutions in charge of the overall management
of the civil service, as well as the administrative procedures; implementation
of recent legislation needs to be enhanced. The public administration reform
needs to continue, taking due account of the need to strengthen areas related
to European integration, and the financial sustainability of the reform itself.
Mechanisms for the implementation and monitoring of the Public Administration
Reform Strategy have to be put in place.

Judicial system

With regard to the independence and
impartiality of the judiciary, procedures are ongoing for the adoption of
constitutional amendments aimed at further enhancing judicial independence, in
particular through de-politicised and merit-based appointments of the Judicial
and Prosecutorial Councils' members and of state prosecutors. Draft
constitutional amendments were adopted by the Parliament with the required 2/3
majority on 28 September 2011. Following consultations held between the
Government and the opposition parties, the Parliamentary Committee for Legal
and Constitutional affairs adopted in March 2012 a set of constitutional
amendments, to be submitted to a plenary vote. The initiated constitutional
reform should bring the judicial system in line with European standards, in
particular by safeguarding against political influence in appointments and strengthening
judicial independence, notably through the replacement of MPs who were members
of the Judicial Council by renowned lawyers and a new appointment procedure of
the Supreme Court President by the Judicial Council. Constitutional amendments enhancing
the capacity and the independence of the Constitutional Court, and setting out
clear grounds for dismissal of judges and prosecutors should also be adopted.

Implementation of the legislation on
courts, the Judicial Council and the State prosecutor’s office, amended last
July to strengthen judicial accountability and independence, continued. In
January, the Supreme Court established the Commission for the appointment of
members of the Judicial Council from among judges. Based on the list of
candidates compiled by this Commission, in March the Conference of Judges
elected the new members of the Judicial Council from the ranks of judges. The
Judicial Council and the Prosecutorial Council adopted their Rules of Procedure
defining their organisational structure, functioning and decision-making
procedures. In September 2011, the Judicial Council established the Commission
for conducting the written tests for the first-time appointment of judges and
the Commission for the control of courts. The first written tests for judges
were held in February 2012 and four judges have been appointed so far, in
accordance with the new criteria. However, vacancies continue to be published
for specific courts and a country-wide single recruitment system on the basis
of transparent and objective criteria remains to be established for judges and
prosecutors. The functioning of the Judicial and Prosecutorial Councils is
hampered by their insufficient administrative capacity and budget allocations.

Random allocation of cases continues to be
ensured in courts with the aid of an IT system, with the exception of smaller
courts with limited staff.

Concerning
accountability of the judiciary, all decisions of the Administrative Court and
the Appellate Court became publicly accessible. Commissions for monitoring
compliance with the Code of Ethics of judges and
prosecutors, respectively, have been appointed in October 2011. The Commission
for monitoring compliance with the Code of Ethics of judges acted upon two
complaints in the reference period, both of which were rejected. Members of the
Disciplinary Commission were appointed, together with two staff to assist the
verification of complaints concerning alleged cases of corruption in the
judiciary. A disciplinary procedure against one judge has been launched in January
2012. No disciplinary procedure against a prosecutor has taken place so far.
The double competence of the Disciplinary Commission in investigating and
deciding on disciplinary proceedings needs to be revised. Procedures for
removing functional immunity need to be strengthened to ensure full
accountability of judges and prosecutors under criminal law. A reliable system
of professional evaluation of judges and prosecutors still needs to be
established.

Regarding
the efficiency of the judiciary, Montenegro has taken further measures
to reduce the backlog of cases. With around 11,500 unresolved cases from
previous years in all courts in Montenegro at the end of 2011, the backlog was
approximately 4% lower in 2011 than in 2010. Four
further notaries were appointed in January 2012, in addition to the 34 notaries
appointed last July. Following the entry into force of the Law on enforcement
and security of claims, transferring powers for civil enforcement to the
bailiffs, the Parliament enacted in December 2011 the Law on public bailiffs. Nonetheless,
enforcement of civil decisions remains weak, bailiffs are yet to be recruited
and the functioning of the newly established bailiffs system still needs to be
assessed.

With
a view to increasing the efficiency of the overall judicial system, the
Judicial Council initiated the establishment of special
units of judges dealing with juvenile justice at the High Courts of Podgorica
and Bijelo Polje. A Juvenile Justice Code was enacted by the Parliament in
December 2011. The Action Plan for the Implementation
of the Judicial Reform Strategy for the period 2007-2012 was revised in
December 2011. Initial steps have been taken with regard to the rationalisation
of the court network. As regards access to justice, following the entry into
force of the Law on free legal aid in January 2012, three implementing acts
have been adopted and free
legal aid offices were opened in all basic courts. However, the implementation
of the law is hampered by the insufficient budget allocations for these
offices. The independence and the administrative and financial self-sustainability
of the Judicial Training Centre remains to be strengthened and initial training
with set curricula for all members of the judiciary to be established. The quality
of judicial statistics needs to be improved in line with European standards and
on the basis of reliable indicators, such as productivity and clearance rates. A
system to clearly monitor the length of trials still needs to be introduced. The
legal remedies available in case of violation of the right to a fair trial have
limited effect and need to be revised in line with the right to an effective
remedy stemming from Article 13 of the European Convention on Human Rights.

Overall, further progress has been made in the area of judicial reform.
Implementation of recently adopted legislation has started and the process of
constitutional reform has advanced. Progress has been made with regard to the
publication of court rulings. The case backlog has been further reduced and a
new enforcement system has been introduced to improve
efficiency. However, enforcement of civil decisions remains weak and the court
network still needs to be rationalised. A country­wide single recruitment
system for first-time judicial appointments is yet to be established. The
reliability of judicial statistics needs to be improved and a system to monitor
the length of trials is to be set up. Judicial training needs to be streamlined
and strengthened.

Anti-corruption
policy

The implementation of the government's
strategy for the fight against corruption and organised crime and its revised
2011-2012 Action Plan has further advanced. The National Commission responsible
for monitoring the implementation of the Action Plan adopted its third report
in April 2012, concluding that the implementation of the majority of the
measures due in the second half of 2011 has started. The overall institutional
framework for monitoring the implementation of the Action Plan is functioning
well.

Montenegro has made additional
efforts to further strengthen its anti-corruption legal framework, with a view
to ensuring alignment with the relevant EU acquis and international standards.
The amendments to the Labour Law adopted by Parliament in November 2011 complete
the legal framework for whistleblowers with provisions ensuring their
protection in the private sector. Amendments to the Law on free access to
information were adopted by the Government in April 2012. Amendments to the Law
on political party financing, enacted in December 2011 regulate the supervisory
institutional framework, in-kind contributions and the ceiling of membership
fees, fixing an upper limit of 10 % of a member’s annual income. The State
Audit Institution (SAI) is now responsible for auditing political parties'
annual balance sheets and reports on election campaign costs, while the State
Election Commission is in charge of monitoring the implementation of other
aspects of the law. However, the administrative and professional capacity of the
State Election Commission has to be strengthened to ensure a fully effective
independent oversight. The mechanisms for controlling funding of political
parties and electoral campaigns, and the enforcement of sanctions need to be reinforced
and further specified in the legal framework. The sanctioning system remains
insufficiently dissuasive and undifferentiated, while reporting and accounting obligations
for political parties need to be further strengthened.

Implementation of recently adopted
legislation in the area of conflict of interest and public procurement has
started. Following the entry into force of the amended law on conflict of
interest prevention, all 36 MPs who were also members of management boards of
state-owned companies resigned from these positions and all 16 MPs who also
held executive positions (including 2 mayors) have resigned from
one of their functions. Members of the Public
Procurement Commission were appointed in February 2012 and a budget was
allocated for its functioning. In December 2011, the Government adopted a
Strategy and an Action Plan for the development of the Public Procurement
System, and a decision to set up a coordination body for monitoring their
implementation. However, no notifications have been sent so far from the Public
Procurement Commission to the prosecution and the control system needs to be
strengthened.

Further steps have
beent taken as regards the prevention of corruption. In December 2011, the
Directorate for Anti-Corruption Initiatives (DACI) was transferred under the
authority of the Ministry of Justice to ensure better coordination of
anti-corruption activities. During the reference period, the DACI received 70 complaints
concerning allegations of corruption in local self-government, public
administration, judiciary, health and the education sectors, of which it
submitted 27 reports on alleged corruption cases to the police. The inflow of
complaints also results from a number of awareness-raising campaigns conducted
by DACI for reporting corruption and the protection of whistleblowers. Based on
the risk assessment of areas vulnerable to corruption, adopted by the
Government last July, the relevant authorities have submitted reports on the
implementation of recommendations given in the assessment. Measures have been taken
to prevent corruption in the judiciary. The Judicial Council decided to
allocate a special allowance to those judges working on organised crime,
corruption, terrorism and war crimes cases. Continuous trainings have been
provided to judges and prosecutors in the area of anti-corruption, in
particular to facilitate implementation of the new Criminal Procedure Code.
Civil society organisations continue to actively contribute to enhancing the
strategic framework and providing key evidence for initiating corruption cases.
However, asset declarations by judges and prosecutors are not yet cross-checked
against other data and measures to prevent corruption in the judiciary are to
be further strengthened. DACI's competences need to be upgraded and its
capacities reinforced to coordinate corruption prevention activities and to monitor
the implementation of the government's Action Plan for the fight against
corruption and organised crime.

Further progress has
been made in the suppression of corruption. The full entry into force of the
new Criminal Procedure Code (CPC) in September 2011 has lead to a significant
acceleration of the criminal investigation procedure and reduced risk of
information leakage. The institutional and operational capacity of the prosecutors,
judges and police to fight against corruption has been strengthened through
substantial training support and additional equipment. The use of special
investigative measures is more systematic as a result of the enhanced
administrative and technical capacity of the Special Checks Unit. Nine
representatives of the police administration, the Office for prevention of
money laundering and terrorism financing, the tax and customs administrations
were appointed to the special investigation team, which became operational in
October 2011. The team has been provided with additional financial resources,
however its capacities need to be further strengthened, in particular through
access to relevant information databases.

Montenegro has
further developed its track record of investigations, prosecutions and
convictions in corruption cases. High-level corruption
cases remain a matter of concern, however. In the
reference period, four employees of the public property administration of
Ulcinj were sentenced by a second instance court to imprisonment for abuse of
official position, and one customs officer for bribery. First instance verdicts
have been issued in December 2011, January and March 2012 against sixteen persons,
including two municipal officials sentenced to imprisonment, the managers of a
public company and a judge. Court hearings are ongoing in the high-level
corruption case 'Zavala', involving the former Mayor of Budva, his deputy and a
Member of Parliament, and two other cases against 23 persons accused of abuse
of official position and bribery. During the reporting period, two police
officers have been indicted for bribery. Investigations are ongoing against the
former Mayor of Ulcinj, the President and a judge of a Basic Court, the former
and current directors of a public company in Budva, and three employees of the
Ministry of Interior.

However,
the track record in combating corruption needs to be systematically developed,
in particular in terms of investigations and final convictions for high-level
corruption cases. The fact that all high-level corruption cases have been
initiated on the basis of evidence provided by a third party is a matter of
concern. The number of corruption cases in which seizure of assets was ordered
is still very low. Provisions of the CPC and the Criminal Code on confiscation
and extended confiscation of criminal assets have not been used so far. The
procedures for seizure, confiscation and management of proceeds of crime still
need to be regulated. Inter-agency cooperation has improved to a certain
extent, but it is to be further enhanced, in particular to ensure the
prosecutors' leading role in investigations. Prosecutors' lack of access to
relevant databases and lack of sufficient capacity hampers the effective
implementation of the CPC. The administrative capacity of the Special Prosecution Office for fighting organised crime, corruption,
financing of terrorism and war crimes in particular
needs to be strengthened. Despite its strengthened administrative capacity, the
Commission for the prevention of conflict of interest still lacks the capacity
to control the accuracy of civil servants' asset declarations and declarations
of interest to identify illicit enrichment as it has no investigative powers
and access to relevant databases. The independence of the judiciary remains a
matter of concern affecting the determination to combat corruption. Corruption
is still an issue of serious concern.

Overall, progress
has been made in the area of anti-corruption. Implementation of recently-adopted
legislation in the key areas of political party financing, prevention of
conflict of interest and public procurement has started. Their provisions on
control mechanisms need to be further strengthened. Further steps have been
taken to develop the track record in the fight against corruption, as shown by
a number of new investigations of high-level corruption cases. Nonetheless, the
number of final convictions and of corruption cases in which seizure or
confiscation of assets were ordered remains low. Inter-agency cooperation, in
particular between police and prosecutors, needs to be further enhanced and the
leading role of the prosecution strengthened, in line with the new CPC.

Police
cooperation and the fight against organised crime

Regional and
international police cooperation on organised crime has improved. A number of
police operations have been conducted in cooperation with the authorities of
various EU Member States, countries of the region, Interpol and Europol,
increasing the number of indictments and arrests. The agreement on extradition
between Montenegro and the Former Yugoslav Republic of Macedonia was signed in
October 2011. Police authorities from Montenegro and Bosnia and Herzegovina
signed a memorandum of cooperation on jointly fighting corruption, organised
crime, drug trafficking and terrorism. Two agreements on police cooperation
were also signed with Croatia and the former Yugoslav Republic of Macedonia.
The ratification of the agreement on reciprocal enforcement of court decisions
in criminal matters with Croatia took place in December 2011.

Since
September 2011 the new CPC is being implemented by all relevant state bodies.
Amendments to the Rulebook on internal organisation and job description of the
Police Administration were adopted in November 2011, introducing more
specialised organisational units within the Police. An Action Plan for
combating organized crime was adopted in January 2012 which introduces
operational measures and indicators in line with the priorities identified in
the 2011 organized crime threat assessment (OCTA). Since becoming operational
in October 2011, the special investigation team has opened financial
investigations on three major cases of organised crime and has been provided
with additional financial resources. Since December 2011, a coordination body
is active for monitoring results in the implementation of the Strategy of
Development and Functioning of the Police. However, relations between the
prosecution service and the police within the framework of the new CPC should
be better clarified and improved, especially in conducting financial
investigations; additional equipments and specialised staff are needed to
manage complex cases. Provisions on use of special investigative measures
should be revised to extend its time limitations. The Intelligence-led Policing
project should be rolled out throughout the country, and the police staff
should be trained in parallel. Further financial allocations need to be devoted
to increasing investigative capacities and concrete resources – including IT -
within departments of the police.

Montenegro has continued to develop its track record of cases
dealing with organised crime. Two second instance verdicts have been issued,
for cases of drug trafficking and trafficking in human beings. Three first
instance verdicts have been issued in two cases concerning production and
smuggling of drugs, in September 2011 and in January 2012, respectively, and in
a case of money laundering in January 2012. As regards the Saric case, two
members of a criminal organisation have been sentenced respectively to 6 and 8
years of prison for drug trafficking and money laundering of more than € 12
million. An indictment was raised in December 2011 in the Kalic case, involving
three individuals accused of money laundering; the assets seized amount to more
than € 28 million. Hearings have started in six new cases. Investigations were
initiated between the end of 2011 and the first months of 2012 on three cases
of drug smuggling and on a case of passport forgery, involving a total of 65
individuals.

The
value of criminal assets temporarily seized in the country has increased and
amounts to over €40 million, according to the estimation of the Public Property
Administration which is tasked to manage it. Amendments to the law on
management of temporary and permanently seized property were adopted in April
2012. However, the competent agency needs to be further strengthened,
particularly with regards to its ability to evaluate and effectively manage temporarily
seized and confiscated assets. Secondary legislation to ensure the enforcement
of court decisions and procedures for the management of the seized and
confiscated property need to be prepared. The overall number of financial
investigations and seized assets remains low, due to the very weak
administrative capacities in this field.

The
Law on prevention of money laundering and terrorist financing was amended in
February 2012 to align it with the EU acquis. Cooperation and exchange of
information was enhanced between the Ministry of Finance, the Administration
for Prevention of Money Laundering and Terrorism Financing (APMLTF), the
Central Bank, the Securities Commission and the Insurance Supervision Agency in
December 2011. A total of 107 cases have been opened by the APMLTF, which took
part in a financial investigation led by the Special
Prosecution Office for fighting organised crime, corruption, financing of
terrorism and war crimes. However, police expertise in
this area needs to be consolidated, as well as the track record of proactive
financial investigations. The capacities of the AMLTF to supervise the banking
system should be strengthened.

Overall, further progress can be
reported in the fight against organised crime. The track record has continued
to develop. International cooperation has improved and various police
operations resulted in the seizure of drugs and criminal assets; however, drug
trafficking remains a major concern since the country is a transit area on the
smuggling route to and from the EU. The legal framework has continued to be
strengthened, but its implementation would require continued attention. The
investigative capacities of the law enforcement bodies and of the prosecution
need to be further strengthened, particularly in the field of financial
investigations. Interagency cooperation needs to be enhanced.

Freedom of expression and freedom of assembly and association

The
decriminalisation of defamation has contributed to a decrease in the number of
lawsuits against the media. The backlog of libel and defamation cases in the
courts is being gradually reduced, in accordance with the Supreme Court
guidelines regulating the level of pecuniary compensation in defamation cases
against media. These guidelines are based on the case law of the European Court
of Human Rights. Trainings for judges and prosecutors have been organised by
the Judicial Training Centre, with special emphasis on the right to freedom of
expression stemming from Article 10 of the European Convention on Human Rights.
High-level state officials have continued to promote a more favourable and
safer media environment, including by condemning attacks and encouraging
investigations into cases of violence against media.

However, in some old
cases of defamation, fines not paid have been converted to custodial sentences.
These cases need to be brought in line with ECtHR case-law in particular to
ensure no prison sentence is imposed in case of unpaid fines. Further progress
needs to be made on certain recent and earlier cases of violence against media,
which still have to be thoroughly investigated and prosecuted, including a physical
attack on an investigative journalist in March 2012.

A media
self-regulatory body was set up in March 2012, gathering part of some mainstream
and local media outlets; a parallel one was recently established, representing
some important national media. Additional staff has been hired to increase the
monitoring capacities of the Electronic Media Agency. The public broadcaster is
undergoing a structural reform, aimed at making it more modern and
self-sustainable. The lack of financial sustainability and operational
resources could undermine the functioning of the media, however, as well as of
the audiovisual self-regulators. Recent legislative amendments to the Law on
electronic media put at risk the independence of the audiovisual regulator. Its
lack of resources to monitor media throughout the country is cause for concern.
Professionalism and independence of the public broadcaster are not yet fully
achieved.

Cooperation with
civil society has continued to be strengthened. Two decrees enhancing the role
of civil society were adopted in February 2012, on cooperation between state
administration authorities and non governmental organizations (NGOs), and on
conducting public debates on draft legislation.

The Council for
cooperation with the NGOs is now fully operational and meets regularly. It has
been involved in drafting relevant legislation, including in preparing
amendments to the Law on games of chance which provides for financial support
to NGOs. Representatives of civil society organisations are currently involved
in the activities of different state bodies, through their participation in
working groups and councils dealing with various policy areas. A public
register of NGOs has been updated.

Overall, there has been some progress on enhancing media freedom and good
progress on strengthening cooperation with civil society. However, solid
implementation of the Supreme Court guidelines regulating the level of
pecuniary compensation in defamation cases against media needs to continue, and
measures alternative to prison should be found for unpaid fines resulting from
previous libel cases. Unresolved cases of violence against media represent a
concern. Continuous further efforts are needed to ensure sustainable and long
term cooperation between authorities and civil society.

Anti-discrimination
policies, displaced persons and Roma, Ashkali and Egyptian persons

The administrative
and budgetary capacities of the Ombudsman have been strengthened. Reports have
been prepared by the institution, analysing respectively the state of the
Police Administration's premises used for detainees, the protection from
discrimination and the situation of child begging. These reports were endorsed
between October and November 2011 by the Parliamentary Committee for human
rights and freedom, which has become more active in promoting human rights and
anti-discrimination. The portfolio of the Deputy Prime Minister and Minister for
Justice has been extended to human rights in March 2012.

The Council for
Protection against Discrimination is now operational. The fifteen members of
this body have been appointed in February 2012, including representatives from
the Roma community and one member representing civil society organisations
dealing with lesbian, gay, bisexual and transgender (LGBT) rights.
Anti-discrimination campaigns and training for civil servants have continued.
Authorities have continued to actively promote a positive environment for LGBT
rights in the country. A shelter and a support and counselling line for LGBT persons
are fully functional.

The capacity of the
Ombudsman need to be strengthened in terms of financial and human resources.
Implementation of legislation in the field of anti-discrimination is lagging
behind; institutional capacities in the field of promotion, monitoring and
enforcement of human rights are limited, especially as regards the rights of
disabled persons and social and vulnerable persons. LGBT persons are still
subject to discrimination and these cases would require a thorough follow-up by
the authorities.

Progress has been
made guaranteeing the legal status of displaced persons, in particular Roma,
Ashkali and Egyptians (RAE), and ensure respect for their rights, have moved
forward. Amendments to the Law on Foreigners were passed in November 2011, to
postpone the deadline for application for the status of foreigner to December
2012. The number of applications is slowly but steadily increasing: around 48%
of displaced persons submitted applications and 29% of them have been granted
the status of foreigner in the country. Several measures have been put in place
to facilitate the legalisation of status of vulnerable displaced persons.
Decisions to change the urban plan of Konik area were adopted in February 2012;
they represent the framework for construction of housing for the existing
population. Montenegro has taken an active role in the Sarajevo Declaration
Process. The temporary decree granting equal economic and social rights to
displaced persons has been extended to June 2013. Progress in facilitating
civil registration of RAE population, in particular those internally displaced,
has continued. The government adopted a strategy for
improving their situation for the period 2012-2016 and an action plan for its
implementation. RAE persons have received vocational
trainings. Registration of displaced persons needs to advance, in particular
for vulnerable cases. Further measures are needed to improve the access to
economic and social rights of displaced persons and the RAE persons. Roma women experience double discrimination - as members of a
minority group and as women.

The Law on social
housing should be adopted without delay, as key to further progress on the
Konik camp.

Overall, some further progress has been made on anti-discrimination,
legalising the status of displaced persons, and ensuring the rights of the RAE persons.
Institutional capacities to monitor, promote and enforce human rights in practise
should be enhanced, as well as to fight discrimination. The settlement of legal
status of displaced persons has to be completed; inclusion policies towards RAE
persons should be reinforced.

3.           Conclusion

Montenegro has made
further progress in the implementation of reforms in the areas of rule of law
and fundamental rights, including in the fight against corruption and organised
crime.

In view of the
further progress made, the Commission remains of the view that Montenegro has
achieved the necessary degree of compliance with the membership criteria and in
particular the Copenhagen political criteria, to start accession negotiations.
In light of these considerations and taking into account the Council
conclusions of December 2011, the Commission reiterates its recommendation that
accession negotiations be opened with Montenegro.

During
the accession negotiations’ process,
the Commission will continue to put particular focus on the area of rule of law and fundamental rights, especially the fight
against corruption and organised crime, so as to ensure a solid track record.
It will make full use of the tools available at all stages of the accession
process. In this respect, the new approach proposed by the Commission and
endorsed by the December 2011 European Council as regards the chapters on
judiciary and fundamental rights and justice, freedom and security will allow
to firmly anchor reforms in this area and ensure the close monitoring of their
implementation.

[1]               COM(2010) 670 final.

[2]               The key priorities concern the following areas: legislative framework for elections and Parliament's legislative and
oversight role; public administration reform; judicial reform; fight against
corruption; fight against organised crime; media freedom and cooperation with
civil society; implementation of the anti-discrimination framework and the
situation of displaced persons. For the full text of
the key priorities, please see COM (2010) 670.

[3]               COM(2011) 666 final.

[4]               SEC(2011) 1204 final.