What is being negotiated?

Chapter 23 – Judiciary and Fundamental Rights is one of the most challenging and complex chapters, and the speed and duration of the negotiating process in this area directly affect progress in other aspects of EU accession negotiations. Chapter 23 is divided into four main and interconnected areas: judiciary, fight against corruption, fundamental rights, and EU citizens’ rights.

Establishing an independent and efficient judiciary requires a strong commitment from all societal and political actors to eliminate external influences on the judiciary, as well as providing financial and other resources for the proper functioning of the judicial system. An effective fight against corruption is also expected, with a particular emphasis on high-level corruption, along with ensuring the protection and full enjoyment of fundamental rights and EU citizens’ rights. Implementing reforms in these areas directly strengthens the rule of law in the country.

Sub-areas

JUDICIARY

The judiciary is a particular focus of the EU, given that a stable judicial system is essential for the rule of law. This area has four sub-areas:

1. Independence and impartiality of the judiciary

2. Judicial accountability

3. Professionalism, expertise, and efficiency in the judiciary

4. Prosecution of war crimes in domestic courts

Montenegro is expected to implement comprehensive reforms in the judicial system, ensure full alignment with EU law, and achieve measurable results in implementation. According to the European Commission’s 2024 Report on Montenegro, the Montenegrin judicial system is moderately prepared, with good progress made in key judicial reforms and in implementing last year’s recommendations.

FIGHT AGAINST CORRUPTION

The fight against corruption has been a key EU focus since the start of negotiations. Obligations in this area stem not only from EU law but also from international standards such as those of the UN, Council of Europe, OSCE, and GRECO. Montenegro is expected to fully align national legislation with these standards and demonstrate readiness to achieve visible results in both preventive and repressive measures against corruption.

According to the European Commission’s 2024 Report, Montenegro is at an intermediate to moderate level of preparedness in the fight against corruption, with good progress in implementing key reforms and previous recommendations.

FUNDAMENTAL RIGHTS

Fundamental rights are the cornerstone of any civilized society and law-governed state, and their unhindered enjoyment must be guaranteed. This area includes a range of conventions, protocols, charters, and declarations that the candidate country must introduce and implement within its legal system.

The sub-areas include:

• Prevention of torture and inhuman or degrading treatment

• Prohibition of discrimination

• Promotion of gender equality

• Children’s rights

• Rights of persons with disabilities

• Property rights

• Freedom of expression and media

• Procedural rights

• Protection of minority rights

• Cultural rights

• Personal data protection

According to the European Commission’s 2024 Report, Montenegro has generally established the legislative and institutional framework for fundamental rights and largely continues to fulfill its international human rights obligations.

EU CITIZENS’ RIGHTS

EU citizens’ rights form a distinct area where the candidate country must ensure conditions for the exercise of rights by citizens of EU member states. This includes:

• The right to vote and stand in European Parliament elections

• The right to vote and stand in local elections

• Freedom of residence within the EU

• Diplomatic and consular protection

Most of the legal acts in this area are decisions and directives of the European Council, which generally come into force upon EU accession.

Initial, provisional, and final benchmarks

Chapter 23 – Judiciary and Fundamental Rights was officially opened on 18 December 2013 at the Intergovernmental Conference in Brussels.

The initial benchmark for Montenegro was the preparation of an action plan outlining the most important obligations in the chapter. The Action Plan for Chapter 23 was adopted by the Government on 27 June 2013, based on the recommendations of the Analytical Review Report, which assessed the alignment of Montenegro’s legal system with EU law.

After completing the first phase, which set short-term priorities, the Action Plan was adapted and adopted on 16 February 2015 to more concretely define medium- and long-term priorities in Chapter 23.

The initial EU Common Position from December 2013 defined 45 provisional benchmarks, guiding the work of relevant state bodies and actors. These benchmarks included concrete obligations in judicial reform, anti-corruption (with focus on high-level corruption), and protection and promotion of fundamental rights. Most benchmarks focused on improving the legislative and institutional framework according to EU standards, while some addressed establishing an initial results baseline.

By fulfilling provisional benchmarks, Montenegro became eligible for the final benchmarks. At the Intergovernmental Conference on 26 June 2024 in Brussels, Montenegro received a positive assessment report on meeting the provisional benchmarks (IBAR), marking the start of a new negotiation phase. The Provisional EU Common Position for Chapter 23 was also adopted, supplementing the initial Common Position and defining the final benchmarks.

The Provisional EU Common Position for Chapter 23 defines three final benchmarks Montenegro must meet to achieve internal readiness for closing the chapter:

1. Montenegro implements a comprehensive judicial reform in line with EU law and European standards on impartiality, independence, accountability, efficiency, professionalism, access to justice, and quality.

2. Montenegro establishes strong and effective systems to prevent and combat corruption, including high-level corruption.

3. Montenegro protects fundamental rights in law and practice and is fully prepared, upon accession, to apply the Charter of Fundamental Rights of the EU and other relevant EU legal acts.

Plan for meeting final benchmarks

The Government adopted the Action Plan for fulfilling final benchmarks on 25 April 2025, marking a key step in Montenegro’s EU accession process. The document defines specific activities to fulfill remaining obligations in judicial reform, anti-corruption, and fundamental rights protection.

Completion of this Action Plan will satisfy obligations under the final benchmarks defined by the EU Common Position for Chapter 23. The deadline for completion is the third quarter of 2026, in line with the Government’s plan to fulfill all commitments under the European agenda by the end of 2026.

Institutions/organizations participating in the negotiating group

Negotiations for Chapter 23 have been conducted through the Negotiating Working Group (NWG) for Chapter 23 – Judiciary and Fundamental Rights.

• The first NWG was formed by the Government on 8 March 2012.

• Due to staffing and institutional changes, the NWG has been modified several times.

• The current NWG was established by the Government on 24 January 2024 (Official Gazette of Montenegro, no. 10/24) and updated on 6 March 2025 (Official Gazette of Montenegro, no. 32/25).

The NWG has 44 members (41 from state institutions and 3 from civil society).

State institutions include:

• Cabinet of the Deputy Prime Minister for Political System, Judiciary, and Anti-Corruption

• Ministry of Justice

• Ministry of Human and Minority Rights

• Ministry of Social Welfare, Family, and Demography

• Ministry of Finance

• Ministry of Interior

• Ministry of Regional Investment Development and NGO Cooperation

• Ministry of Health

• Ministry of Public Administration

• Ministry of Economic Development

• Ministry of Culture and Media

• Ministry of Spatial Planning, Urbanism, and State Property

• Police Directorate

• Customs Administration

• Agency for the Prevention of Corruption

• Agency for Personal Data Protection and Freedom of Information

• Ombudsman of Montenegro

• Parliament of Montenegro

• Supreme Court of Montenegro

• Judicial Council

• Supreme State Prosecutor’s Office

• Prosecutorial Council

• Special State Prosecutor’s Office

• Center for Training in Judiciary and State Prosecution

• Association of Municipalities of Montenegro

Civil society members:

• NGO Center for Democracy and Human Rights – CEDEM

• NGO Juventas

• NGO Center for Women’s Rights

Benefits for Montenegro

Full alignment of national legislation with international and EU standards in judicial reform will ensure an independent, impartial, accountable, and efficient judiciary and a stable legal system with a high degree of rule of law. Strengthening judicial independence and impartiality enhances legal certainty and citizen trust in the legal system. Access to justice becomes faster, fairer, and more efficient.

Fulfilling obligations under the European agenda enables Montenegro to actively fight corruption, one of the greatest challenges faced by modern states. Successful anti-corruption efforts provide greater legal certainty, increase institutional efficiency, improve the investment climate, and ensure equality before the law.

Improving protection and ensuring the unhindered enjoyment of fundamental rights demonstrates Montenegro’s responsibility to guarantee the quality and protection of human rights and fundamental freedoms, preventing any form of discrimination. Respecting fundamental rights broadly protects the dignity and individual rights of all citizens, particularly those in vulnerable social groups.