Rule of Law: Supranationalization from the Perspective of Central and Eastern European Countries – Montenegro1

Series Legal Studies Issues Volume 14, No. 2, 2025 Rule of Law: Supranationalization from the Perspective of Central and Eastern European Countries – Montenegro1

Volume 14, No. 2, 2025

Nebojša VUČINIĆ, Sanja GRBOVIĆ

Acta Univ. Sapientiae, Legal Studies, 14, 2 (2025) 305–334

DOI: 10.47745/AUSLEG.2025.14.2.12

Abstract. This paper examines how Montenegro’s candidacy for membership of the European Union has affected the interpretation and implementation of the supranational rule of law principles by its authorities. Considering that the EU’s definition of the rule of law has largely relied on the Council of Europe’s standards, this paper initially presents the rule of law principles to which Montenegro has committed itself as a member of the latter. Furthermore, it explores the relevant constitutional provisions and the case-law of the Constitutional Court of Montenegro to illustrate the domestic standpoint to the supranational interpretation of the rule of law. The paper goes on to present the dynamic of Montenegro’s negotiations with the EU. Learning from previous enlargements and past mistakes, the EU has declared the new approach to enlargement as more rigorous and comprehensive, built on strict but fair conditionality. The EU candidates have been required to address the fundamental reforms first, particularly those related to rule of law. Montenegro was the first country to open negotiations under this new approach. Hence, this paper presents the rule of law requirements that Montenegro has had to meet, specifically focusing on judicial reform, including appointments, evaluation, and disciplinary liability of judges and prosecutors, as well as measures against corruption and organized crime, since these areas were underscored by the EU as essential for Montenegro’s progress in negotiations. In line with the aforementioned, the paper explores how the change in the EU’s approach to negotiations has affected the rule of law requirements it set for Montenegro and portrays the progress that the country achieved during the 12-year process.

Keywords: Montenegro, the European Union, rule of law, supranational, Chapter 23, Chapter 24

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Volume 14, No. 2, 2025

Rule of Law: Supranationalization from the Perspective of Slovakia, Lilla GARAYOVÁ Protecting Children against Digital Harm – Novelties and Challenges of the Romanian Regulatory Framework, Zsolt KOKOLY Poland’s Experience in the Face of the Rule of Law Dispute: From 2015 to 2024, Artur KOTOWSKI ‘The Expropriation of the Expropriators’: Soviet- Type Nationalization as Social Engineering in Selected East-Central European States, Bence Zsolt KOVÁCS Rule of Law: Supranationalization from the Perspective of Central and Eastern European Countries. The Case of Hungary, Péter KRUZSLICZ Rule of Law: Supranationalization from the Perspective of Bulgaria, Deyana MARCHEVA Re-evaluated or Just Old-New? The Fundamental Social Rights Dimension of the Right to Work under Article 15 CFREU and in the Case-Law of the CJEU, Zsófia PAPP The Experience of Certain Central European Countries with the Rule of Law Procedures. The Case of the Czech Republic, David SEHNÁLEK Rule of Law: Supranationalization from the Perspective of Central and Eastern European Countries (Ukraine), Stanislav SHEVCHUK The Rule of Law: Supranationalization. The Case of Serbia, Bojan TUBIC Legal Challenges of Hybrid Warfare: Accountability of Mercenaries and Private Military Companies, Csongor Balázs VERESS Rule of Law: Supranationalization from the Perspective of Central and Eastern European Countries – Montenegro1, Nebojša VUČINIĆ, Sanja GRBOVIĆ Front pages in PDF, Inside covers in PDF,

Rule of Law: Supranationalization from the Perspective of Central and Eastern European Countries – Montenegro1 - Acta Universitatis Sapientiae