Case Law

Judiciary in the Case Law of Montenegro

Legal foundations of the judiciary and judicial proceedings in Montenegro: organization of justice bodies, procedural legislation and guarantees of judicial independence – in the decisions of Montenegrin courts

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1864 decisions found
Open document

Constitutional complaint

Violation of rights under Art. 28, 29, 30, 31, 32 and 37 of the Constitution and Art. 5 and 6 of the European Convention

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 28, 29, 30, 31, 32, 37, 5, 6
Decision under review:Kri-S. 145/24Kvs. br. 16/25Kr-S. br. 3/25
Open document

Constitutional complaint

Violation of rights from Article 32 of the Constitution, Article 5 paras. 1 and 4 and Article 6 of the European Convention

Result:Dismissed

Open document

Constitutional complaint

Violation of rights under Art. 20, 28, 29, 30, 31, 32 and 37 of the Constitution, Art. 3, 5, 6 and 18 of the European Convention

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 20, 28, 29, 30, 31, 32, 37, 3, 5, 6, 18
Decision under review:Kr-S. br. 7/25
Open document

Constitutional complaint

Violation of rights under Art. 28, 29, 30, 32 and 37 of the Constitution, Art. 3, Art. 5 para. 1, 2 and 4 and Art. 6 of the European Convention

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 28, 29, 30, 32, 37: Art. 3, 5, 6
Decision under review:Kv. br. 149/25Kvž. br. 297/25
Open document

Constitutional complaint

Violation of rights from Article 30 of the Constitution and Article 5 of the European Convention

Result:Granted·No longer in force when decided·Violation of rights found

Subject of review:Constitution of Montenegro: Art. 29, 30, 5
Decision under review:Kžm. br. 13/2026
Open document

Constitutional complaint

Violation of rights from Art. 8, 20, 32 and 58 of the Constitution, Art. 6 para. 1 and Art. 14 of the European Convention, Art. 1 of Protocol 1 and Art. 1 of Protocol 12

Result:Dismissed

Decision under review:Rev. br. 478/22Gž. br. 1111/22-14P. br. 1312/14
Open document

Constitutional complaint

Violation of rights under Art. 20 and 32 of the Constitution and Art. 6 of the European Convention

Result:Dismissed

Decision under review:Gž. br. 4347/24
Open document

Constitutional complaint

Violation of rights from Art. 32 and 58 of the Constitution, Art. 6 of the European Convention and Art. 1 of Protocol 1

Result:Dismissed

Decision under review:Gž. br. 3844/24P. br. 1113/23
Open document

Constitutional complaint

Violation of rights under Articles 17, 32 and 58 of the Constitution and Article 6 paragraph 1 of the European Convention

Result:Dismissed

Decision under review:Rev. br. 93/23Gž. br. 4612/22P. br. 473/20
Open document

Constitutional complaint

Violation of rights from Art. 6, 8 and 62 of the Constitution and Art. 3, 21 and 31 of the European Convention

Result:Dismissed

Decision under review:KTR-P. br. 5/25
Open document

Constitutional complaint

Violation of rights from Art. 32 and 58 of the Constitution, Art. 6 para. 1 of the European Convention and Art. 1 of Protocol 1

Result:Dismissed

Decision under review:Rev. br. 294/23Gž. br. 3939/22P. br. 1015/21
Open document

Constitutional complaint

Violation of rights under Art. 29 paras. 1 and 2, Art. 20, Art. 30 paras. 1 and 4, Arts. 32 and 37 of the Constitution, Art. 5 paras. 1, 2 and 4, Art. 6 paras. 1 and 3 and Art. 13 of the European Convention

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 29, 20, 30, 32, 37: Art. 5, 6, 13
Decision under review:Kv. br. 149/25Kvž. br. 271/25br. 0802-053/24-1130-K
Open document

Constitutional complaint

Violation of rights from Art. 9, 17, 20, 29, 29, 30 and 32 of the Constitution and Art. 5 and 13 of the European Convention

Result:Dismissed

Decision under review:Kr-S. br. 4/25
Open document

Constitutional complaint

Violation of rights under Articles 20, 28, 29, 30, 31, 32 and 37 of the Constitution and Articles 3, 5, 6 and 18 of the European Convention

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 20, 28, 29, 30, 31, 32, 37: Art. 3, 5, 6, 18
Decision under review:Kr-S.br. 5/25
Open document

Constitutional complaint

Violation of rights under Art. 20, 28, 29, 30, 31, 32 and 37 of the Constitution and Art. 3, 5, 6 and 18 of the European Convention

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 20, 28, 29, 30, 31, 32, 37: Art. 3, 5, 6, 18
Decision under review:Kr-S.br. 5/25
Open document

Constitutional complaint

Violation of rights under Articles 19 and 32 of the Constitution and Article 6 paragraph 1 of the European Convention

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 19, 32: Art. 6
Decision under review:Ip. br. 721/21
Open document

Review of the constitutionality of laws

Article 61 paragraph 2 of the Law on Judicial Council and Judges

Result:Dismissed

Open document

Constitutional complaint

Violation of rights under Articles 19 and 32 of the Constitution and Article 6 paragraph 1 of the European Convention

Result:Rejected·Left unchanged

Subject of review:Constitution of Montenegro: Art. 19, 32, 6
Decision under review:Ip. br. 727/21