COURTS AND CASES MONTENEGRO

Administrative Supreme Court / Appellate Courts / Constitutional Court / First Instance Courts / Judiciary (general) / Other Courts / Regional courts / Supreme Courts (Highest Instance) / Judicial Map

Constitutional Court

Ustavni Sud

The Constitutional Court shall decide on the following:
1) Conformity of laws with the Constitution and confirmed and published international agreements;
2) Conformity of other regulations and general acts with the Constitution and the law;
3)Constitutional appeal due to the violation of human rights and liberties granted by the Constitution, after all the effective legal remedies have been exhausted;
4) Whether the President of Montenegro has violated the Constitution,
5)The conflict of responsibilities between courts and other state authorities, between state authorities and local self-government authorities, and between the authorities of the local self-government units;
6) Prohibition of work of a political party or a non-governmental organization;
7)Electoral disputes and disputes related to the referendum, which are not the responsibility of other courts;
8)Conformity with the Constitution of the measures and actions of state authorities taken during the state of war or the state of emergency;
9) Performs other tasks stipulated by the Constitution.

The Constitutional Court consists of seven judges, elected for the period of nine years. The President of the Constitutional Court shall be elected from amongst the judges for the period of three years.

(The Constitution of Montenegro 2007 Part Six art 149 - ) (Law 64/2008 on the Constitutional Court of Montenegro)

Constitutional Court

Supreme Courts (Highest Instance)

Vrhovni Sud

The Supreme Court is the highest court in Montenegro. The Supreme Court shall secure unified enforcement of laws by the courts. The President of the court is elected by the Judicial Council for the period of five years.
The Supreme Court
1) decide in third instance as provided by law;
2) decide on extraordinary legal remedies against decisions of the courts in Montenegro;
3) decide against decisions of its panel of judges, as provided by law; 4) decide on transfer of territorial jurisdiction when it is obvious that another court that has subject-matter jurisdiction will be able to conduct proceedings more efficiently or for other important reasons;
5) decide which court shall have territorial jurisdiction when the jurisdiction of the courts in Montenegro is not excluded, and when, in accordance with the rules on territorial jurisdiction, it is not possible to reliably determine which court has territorial jurisdiction in a particular legal matter;
6) resolve conflict of jurisdiction between different types of courts in the territory of Montenegro, except when the jurisdiction of another court has been established;
7) perform other duties laid down by law.
( Art 5/2002 Law on Courts art 26) ( Constitution of Montenegro 2007 art 124 - 128)

Supreme Court

Appellate Courts

Apelacioni Sud

Court of Appeal Podgorica

Regional courts

High Courts
Visi Sud u Podgorici
Visi sud u Bijelom Polju

First Instance Courts

Osnovni Sud

The Basic Courts decide in first instance in civil, labour and criminal cases. In criminal cases for offences punishable by law by a fine or imprisonment of up to 10 years. In civil cases disputes relating to property, matrimony, family, personal rights, copyrights and other matters except in those disputes where the law prescribes the jurisdiction of another court, b disputes relating to correction or reply to information provided by the media and petitions relating to violation of personal rights committed through the media; For Lavour cases on disputes on employement, collective bargaining, trade unions amnd strikes. ( Law 5/2002 on the Courts art 16 )

Osnovni Sud Bar (Podgorica)
Osnovni Sud Berane (Bijelo Polje)
Osnovni Sud Bijelo Polje (Bijelo Polje)
Osnovni Sud Cetinje (Podgorica)
Osnovni Sud Danilovgrad (Podgorica)
Osnovni Sud Herceg Novi (Podgorica)
Osnovni Sud Kolasin (Bijelo Polje)
Osnovni Sud Kotor (Podgorica)
Osnovni Sud Niksic (Podgorica)
Osnovni Sud Plav (Bijelo Polje)
Osnovni Sud Pljevlja (Bijelo Polje)
Osnovni Sud Podgorica (Podgorica)
Osnovni Sud Rozaje (Bijelo Polje)
Osnovni Sud Ulcinj (Podgorica)
Osnovni Sud Zabljak (Bijelo Polje)

Administrative Supreme Court

Upravni Sud

The Administrative Court decides:
1) in administrative disputes on the legality of administrative acts, and legality of other individual acts as provided by law;
2) on extraordinary legal remedies against final and enforceable rulings in misdemeanour proceedings.
( Law 5/2002 on Courts art 24 )

Administrative Court Podgorica

Other Courts

Commercial Court Bijelo Polje
Commercial Court Podgorica

Judiciary (general)

Judicial Council
Judicial Training Center
The Courts of Montenegro

© Copyright 1996-2010 Lexadin
Document Created at August 20, 1996
Last Update october 18 2010