Joint Programme

Horizontal Facility

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.