Montenegro
Topic
ODIHR Legal Reviews, Assessments
Variety of useful resources and tools prepared by ODIHR to support legal reform in OSCE participating States. It includes legal reviews of draft and exisiting national legislation and assessments of legislative process.
Opinions
The Preliminary Opinion concludes that despite some shortcomings, the existing normative framework governing the legislative process in Montenegro provides a comprehensive legal basis for the adoption of laws and advancing on the path of the EU-oriented reforms. In the context of Montenegro’s EU integration efforts, the Opinion notes that due account should be given to ensuring the quality of legislation through evidence-based, open, transparent, inclusive procedures and practices, as well as public accountability, which are essential cornerstones to strengthen democratic institutions and processes. Therefore, the Preliminary Opinion observes that the existing legal framework would benefit from certain improvements to better comply with democratic governance and human rights standards, OSCE human dimension commitments and good practices and ensure better quality of legislation and enhanced implementation of adopted laws. In particular, the framework regulating policy-making should be further elaborated to ensure that a coherent and logically interconnected policy cycle is in place. The inter-institutional co-operation on legislative and EU integration matters should be enhanced along with regulatory oversight mechanisms within both the government and the parliament. Legislators should also further elaborate the legal provisions to ensure inclusiveness of the legislative process and due consideration of gender and diversity, from the initial stages of the policy-making, to the preparation, drafting, impact assessment, discussions, consultations, adoption, publication, communication, monitoring of implementation and evaluation.
Rezime: U Komentarima OEBS/ODIHR se naglašava da su mnogi aspekti Zakona o sprječavanju korupcije usaglašeni sa međunarodnim standardima u ovoj oblasti. Sve buduće izmjene i dopune zakona treba sprovoditi pažljivo, te osigurati da se njima ne oslabi postojeći zakonski okvir. Ipak, postoji nekoliko načina kako bi se zakon mogao unaprijediti u smislu popunjavanja postojećih praznina, a pogotovo u pogledu zaštite samostalnosti i nezavisnosti Agencije za sprečavanje korupcije, bolje zaštite „zviždača“ i obezbjeđivanja dosljednost definicija u zakonu koje ne ostavljaju nedorečenosti, što bi moglo dovesti do slabljenja cjelokupnog zakonskog okvira za suzbijanje korupcije.
Comments
Notes
No documents
Others
No documents
Legislation
Constitution
Variety of useful resources and tools prepared by ODIHR to support legal reform in OSCE participating States. It includes legal reviews of draft and exisiting national legislation and assessments of legislative process.
Most read documents
Legislation
Criminal codes
National legislative acts on a range of human dimension issues. It offers access to full-text documents, as well as summaries of and excerpts from national constitutions, primary and secondary legislation and case-law from across the OSCE region.
Most read documents
Legislation
Primary and Secondary
National legislative acts on a range of human dimension issues. It offers access to full-text documents, as well as summaries of and excerpts from national constitutions, primary and secondary legislation and case-law from across the OSCE region.
Most read documents
International standards
National legislative acts on a range of human dimension issues. It offers access to full-text documents, as well as summaries of and excerpts from national constitutions, primary and secondary legislation and case-law from across the OSCE region.
Most read documents
No documents
Case-law
Case law subline. Status of Ratification of the Main International Human Rights Treaties, Conventions and other instruments. International Case-law for selected topics.
National
No documents