During the regional workshop, the Analysis on the respect of property rights in the context of enforcement procedures in Montenegro was presented on 18 June 2021.

The Analysis has been developed under the auspices of activities aimed at increasing the capacities of the judiciary, particularly courts, to apply the European human rights standards in their daily work. Specific focus is given to priority areas, such as protection of property under Article 1 Protocol 1 of the European Convention on Human Rights in the context of the enforcement procedure.

In recent years, Montenegro has made radical changes in the institutional framework and structure of the enforcement system. However, the implementation of the enforcement legislation so far has revealed different procedural interpretations between the courts, the bailiffs and the Ombudsman.

In 2020, the Ombudsman's Office issued an opinion, based on a citizen's complaint, concerning the violation of fair trial safeguards in the enforcement procedure conducted by the public bailiff. Such a situation sets the stage for greater interactions between relevant actors, including the judges responsible for the arbitration of enforcement matters, to exchange on critical issues related to the enforcement of court decisions, allowing for valuable cross-fertilisation of best practices and lessons learnt.

With the aim to address this important topic, the action "Improved procedural safeguards in judicial proceedings in Montenegro" has developed the Analysis on “Protection of the right to property in the context of enforcement procedures in Montenegro” so as to convene an inter-institutional dialogue offering a wider understanding of the relevant legal framework, and addressing legal and practical issues arising from the enforcement procedures, especially regarding the application of the proportionality test.

The action "Improved procedural safeguards in judicial proceedings in Montenegro" is a part of the joint European Union/Council of Europe programme “Horizontal Facility for the Western Balkans and Turkey 2019-2022”.