National Human Rights System in Montenegro

Etinski, Rodoljub (2026) National Human Rights System in Montenegro. LAW IDENTITY AND VALUES, 6 (1). pp. 47-75. ISSN 2786-2542

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Abstract

The text is structured into three sections. The first section examines the protection of human rights under the Constitution of Montenegro, the second section focuses on the adjudication of fundamental rights in Montenegro, and the third section is dedicated to the Protector of Human Rights.The first section on the protection of human rights in the Constitution provides an analytical overview of human rights safeguards, discussing topics such as the guiding constitutional principles regarding the status of individuals, significance of certain rights and freedoms, and whether the current regulation of rights and freedoms adequately addresses contemporary societal needs. The key areas of analysis include terminological issues, cataloguing of human rights in the Constitution, and the relationship between the Constitution and international law. This section also examines constitutional limitations on human rights.The second section examines the judicial protection of human rights in Montenegro, with a focus on the Constitutional Court. It analyses the powers and functions of the Court, including its two primary roles: reviewing the constitutionality of laws and addressing constitutional complaints. This section also explores the impact of the Constitutional Court decisions and factors that influence the judicial protection of human rights. The Court’s norm control powers are defined as ex post norm control. A constitutional complaint is a mechanism to assess the compatibility of an individual act by a state authority or other entity performing public functions, with human rights protected by the Constitution and international treaties.The third section focuses on national human rights institutions in Montenegro, with emphasis on the Protector of Human Rights and Freedoms. The Protector fulfils duties typically associated with other national human rights institutions. Compliant with the Paris Principles, this section analyses six key pillars of the Protector’s institution: independence, pluralism, cooperation, accessibility, funding, and a broad mandate.

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