Work in this thematic area focuses on prisons and police (including human rights in policing, healthcare in prisons and safeguards against torture and ill-treatment), human rights standards in the judiciary (focusing on enhancing the application of case-law of the European Court of Human Rights), the efficiency of justice systems (with a focus on analysing judicial statistics to optimise court administrations) and/or legal co-operation (which concentrate on increasing the individual independence of judges and prosecutors and the accountability of the judicial system).

Back Montenegro strengthens judicial independence with new Law on salaries of judges and prosecutors

Podgorica 11 September 2026
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Montenegro strengthens judicial independence with new Law on salaries of judges and prosecutors

The Parliament of Montenegro adopted the Law on Salaries of Holders of Judicial Functions, introducing a unified framework for the salaries, related rights and retirement of judges and prosecutors, including judges of the Constitutional Court.

The new legal framework, which will apply from 1 January 2027, brings greater clarity and predictability to the financial status of judicial office holders. Another clear result is the unified regulation of retirement. Under the new Law, holders of judicial and constitutional judicial functions acquire the right to an old-age pension upon reaching 66 years of age and completing at least 15 years of insurance service. This replaces a previously fragmented framework that has led to differing interpretations and legal disputes concerning termination of judicial functions.

The Law also responds to the 2024 recommendations of the Venice Commission which called for a clear regulation of the retirement age and an appropriate legal framework for the financial status of judges and prosecutors as safeguards of judicial independence, reflecting the specificities of the judges and prosecutors’ status.

Since 2025, the action "Strengthening accountability of the judicial system and enhancing protection of victims' rights in Montenegro", implemented within the joint programme of the European Union and the Council of Europe, “Horizontal Facility for the Western Balkans and Türkiye”, under its Component 1, has provided targeted support to the Working Group for drafting the Law through expert assistance, facilitation of meetings, translation support and the preparation of a comprehensive reference document on relevant European and international standards, including Venice Commission opinions, jurisprudence of the European Court of Human Rights and standards of the Consultative Council of European Judges and the Consultative Council of European Prosecutors..

The adoption of the Law represents a concrete reform result for the judiciary of Montenegro, achieving greater legal certainty for judges and prosecutors, clearer rules on retirement and financial rights, and stronger institutional safeguards supporting judicial independence.

Actions under theme i: ensuring justice
  • Strengthening the quality and efficiency of justice in Albania - Phase III  
  • Supporting enforcement of judicial decisions and facilitating execution of ECtHR judgments in Albania           
  • Enhancing the protection of human rights of prisoners in Albania  
  • Strengthening human rights treatment of detained persons based on European standards and best practices in Bosnia and Herzegovina  
  • Strengthening the quality and efficiency of justice in Kosovo* -  Phase II  
  • Accountability of the judicial system in Montenegro - Phase II  
  • Improved procedural safeguards in judicial proceedings in Montenegro  
  • Further enhancing human rights protection for detained and sentenced persons in Montenegro  
  • Strengthening independence and accountability of the judiciary in Serbia  
  • Strengthening the effective legal remedies to human rights violations in Serbia  
  • Enhancing the human rights protection for detained and sentenced persons in Serbia  
  • Supporting enhanced access to higher quality Free Legal Aid services in North Macedonia  
  • Enhancing the capacities of the penitentiary system and the external oversight mechanism in North Macedonia                                                                                                                                                                                                 
  • Supporting the implementation and reporting on the Action Plan on Human Rights in Turkey  
  • Judicial training institutes for Quality and Sustainability in the Western Balkans 
  • Initiative for legal certainty in the Western Balkans  
  • Enhancing penitentiary capacities in addressing radicalisation in prisons in the Western Balkans  
  • Towards a better evaluation of the results of judicial reform efforts in the Western Balkans  
  • Human Rights Education for Legal Professionals (HELP) in the Western Balkans 
  • PACE cooperation with the parliamentary assemblies with a view to achieving legislative improvements in Albania, Bosnia and Herzegovina, North Macedonia and Serbia 

*This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence.