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THE COUNTRY: SERVICE TO CITIZENS Photo: www.cdm.me NAI has only 39 auditors, which is half of the envisaged number “Overall, key institutions in charge of human rights policy, including the relevant ministry, are understaffed and existing staff require further training, particularly on international human rights standards.” The European Commission indicates that the prosecution has a leading role in criminal investigations but, in practice, cooperation between the police and the prosecution in pre-trial investigations must be improved. The capacity to carry out financial investigations in corruption cases needs to be enhanced as well. As assessed by the European Commission, the special prosecution division within the Supreme State Prosecutor’s Office lacked direct access to relevant databases and specialized expertise. Although a new Special Prosecutor’s Office for the fight against corruption, organized crime, war crimes, terrorism, and money laundering became operational in July, the recruitment of special prosecutors and specialized experts has not been completed. “The fight against corruption is being hampered by frequent changes to the relevant legislation and the annulment of verdicts on appeal, mostly on technicalities. The vast majority of corruption allegations submitted to the state prosecution come from members of the public, NGOs, and private companies. Only very few cases are submitted by the police and hardly any complaints result from administrative control and auditing bodies.” – concludes the Montenegro Progress Report of the European Commission. 95
10 YEARS OF INDEPENDENCE - INSIGHT VIEW Constitutional court should be more efficient Since restoring independence, Constitutional court of Montenegro had several phases in its work. After introduction of the constitutional complaint institute in 2007, Constitutional court extended its jurisdiction. In that period, quality of work assessed the European Court of Human Rights, through verdicts in cases “Mijušković against Montenegro” and “Živaljević against Montenegro”, when the European Court indicated that constitutional complaint was inefficient legal remedy. Changes in the Constitutional court in 2014 improved efficiency, which confirmed even the European Court at the end of last year, stating that the constitutional complaint in Montenegro was efficient legal remedy. Work of the Constitutional court 2011 2012 2013 2014 Total number of cases 1,376 1,537 1,529 3,088 Solved cases 574 603 427 1,692 Total number of received cases 840 747 759 1,736 Total number of received cases in the Normative control area 120 106 101 107 Total number of received cases in the Constitutional complaint area 720 641 759 772 Transferred cases from earlier years 536 790 770 1,352 Unfinished cases 790 919 1,352 1,396 Unfinished cases from 2008 10 3 / / Unfinished cases from 2009 12 3 1 / Unfinished cases from 2010 167 51 17 / Unfinished cases from 2011 581 291 155 19 Unfinished cases from 2012 / 569 384 214 Unfinished cases from 2013 / / 795 475 Unfinished cases from 2014 / / / 688 Unfinished cases from Normative control area 143 146 185 199 Unfinished cases from Constitutional complaint area 646 770 1,167 1,196 96
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10 YEARS OF INDEPENDENCE Insight vi
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Table of contents INTRODUCTION ....
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Introduction Dear Madam/Sir, This p
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SLUČAJEVI IZ PRAKSE THE COUNTRY: H
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THE COUNTRY: HUMAN RIGHTS Responsib
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THE COUNTRY: HUMAN RIGHTS Three ve
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THE COUNTRY: HUMAN RIGHTS Work in t
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THE COUNTRY: HUMAN RIGHTS The LGBT
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THE COUNTRY: HUMAN RIGHTS The viola
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THE COUNTRY: HUMAN RIGHTS MANIPULAT
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THE COUNTRY: HUMAN RIGHTS Participa
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THE COUNTRY: HUMAN RIGHTS VIOLATION
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THE COUNTRY: HUMAN RIGHTS LAW ON CI
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THE COUNTRY: HUMAN RIGHTS REHABILIT
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THE COUNTRY: HUMAN RIGHTS LEGAL FRA
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THE COUNTRY: HUMAN RIGHTS YOUTH POL
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THE COUNTRY: HUMAN RIGHTS JOURNALIS
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THE COUNTRY: HUMAN RIGHTS “Sevent
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THE COUNTRY: HUMAN RIGHTS EUROPEAN
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SLUČAJEVI IZ PRAKSE THE COUNTRY: E
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THE COUNTRY: ECONOMIC POLICY Work o
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THE COUNTRY: ECONOMIC POLICY Guara
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