Back Assessment report on professional evaluation of state prosecutors presented in Montenegro

Assessment report on professional evaluation of state prosecutors presented in Montenegro

Proper balance between qualitative and quantitative evaluation criteria is to be found, to allow for a fair and consistent evaluation practice, prevent impunity at any level and provide an incentive for prosecutors to further improve their work and their skills.” This was one of the key messages from the presentation of the Assessment report which took place today in Montenegro, in the presence of state prosecutors and representatives of the Secretariat of the Prosecutorial Council.

The performance evaluation of judges and prosecutors in Montenegro was introduced in 2016 with the aim of improving the independence and professionalism of the judiciary. However, the implementation of the system in recent years raised concerns over the evaluation’s objectivity and overall purpose, given the fact that all evaluated prosecutors in 2019 received excellent grades. These concerns were also voiced in the European Commission’s reports on Montenegro which highlighted a need for concrete interventions aimed at enhancing the system of prosecutors’ evaluation.

The Supreme State Prosecutor’s Office and Prosecutorial Council of Montenegro therefore requested the joint European Union and Council of Europe action “Accountability and professionalism of the judicial system in Montenegro” to assist them with establishing a fair and merit-based system of performance evaluation of state prosecutors and with addressing the European Commission’s concerns and recommendations in this area.

To this end, the action commissioned an independent expert review of the implementation of the evaluation regulations and procedure, with the aim to analyse the existing challenges and issues at the practical level and to outline proposals for further improvements of the evaluation system and practice. The review resulted in a comprehensive Assessment report, prepared for the first time in such a format since the evaluation was introduced.

The Report encompasses important findings and recommendations for policy makers regarding performance standards and criteria for assessing the complexity of cases in the work of state prosecutors. State prosecutors played an important role in the assessment, by participating in interviews and online meetings and providing their valuable inputs and proposals.

The results of this process are expected to further strengthen the work of prosecutors, based on already established principles and relevant European standards.

Th Assessment Report was prepared under the action “Accountability and professionalism of the judicial system in Montenegro” which is part of the “Horizontal Facility for the Western Balkans and Turkey 2019 - 2022”, the joint European Union and Council of Europe programme, which aims at assisting beneficiaries in the Western Balkans region and Turkey to comply with the Council of Europe standards and European Union acquis in the framework of the enlargement process, where relevant.

Podgorica 29 November 2021
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