With the aim to address the problem of duration of administrative proceedings and administrative disputes in the Montenegrin legal system, the Action has developed the Analysis on existing legislative practices concerning the administrative proceedings and administrative dispute. The final Analysis document was presented on 26 April 2019 during the one-day event organised in close co-operation with the Administrative Court of Montenegro.

The Analysis provides an overview of the positive aspects of implementation of the reasonable time standards at the national level, but at the same time identifies the areas where improvement is needed. Even though Montenegro has in great part implemented relevant standards relating to the length of proceedings, a concern still persists in relation to administrative proceedings and administrative disputes.

A problem with frequent return of cases by second instance or administrative courts to lower-level bodies is still the main reason for excessive duration of administrative proceedings. With adoption of the new Law on Administrative Procedures the preconditions are created for respect of reasonable time standards before by the administrative bodies. Therefore, the Analysis provides clear recommendations on how to ensure proper implementation of the newly adopted legislation in this area and secure application of the ECtHR standards by the administrative authorities.

The activity was implemented in the framework of the Action “Fighting ill-treatment and impunity and enhancing the application of the ECtHR case-law on national level (FILL)”, jointly funded by the European Union and the Council of Europe and implemented by the Council of Europe.