Changes of Prosecutorial Legislation of Montenegro in the Light of European Standards on Prosecutorial Independence and Accountability

Knežević Bojović, Ana and Ćorić, Vesna (2021) Changes of Prosecutorial Legislation of Montenegro in the Light of European Standards on Prosecutorial Independence and Accountability. Regional Law Review, 2. pp. 39-64. ISSN 2812-698X

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Abstract

Following a historic regime change in Montenegro in late 2020, changes to prosecutorial legislation have been initiated in Montenegro in the first half of 2021. The proclaimed aim of the legislative interventions was to tackle the issue of prosecution service being a captured institution, impervious to substantial prosecutorial accountability and reluctant to tackle corruption cases. The paper sets out to examine the extent to which the adopted changes to the Montenegrin Law on the State Prosecution Service are contributing to increased independence of the Prosecutorial Council and accountability of the Prosecutor General in Montenegro, assessing them against the relevant European standards and jurisprudence of the European Court of Human Rights, taking also into account the opinions of the Venice Commission. Using the dogmatic, comparative, and exegetic method, the authors will critically analyse the normative solutions and provide recommendations for their further improvement.

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