What is being negotiated?

Negotiations within Chapter 24 – Justice, Freedom and Security are aimed at ensuring the free movement of people while guaranteeing their security. This involves aligning with EU policies that strive to preserve and further develop the Union as an area of freedom, security, and justice. It covers a wide range of issues, including management of the EU external borders, visa policy, migration, asylum, police and customs cooperation, combating organized crime and terrorism, as well as judicial cooperation in civil and criminal matters.

Sub-areas

Migration encompasses a wide range of sub-areas, such as legal migration, prevention of illegal migration, readmission, handling of foreigners, and border control. Montenegro’s focus in the field of migration is on gradually aligning with the EU acquis, particularly regarding legal and irregular migration, readmission, and return. Key priorities include strengthening institutional capacities and establishing effective inter-institutional coordination for managing mixed migration flows, with special attention to the protection of vulnerable groups. Montenegro is also working on strengthening integrated border management through implementation of the Schengen Action Plan and modernization of systems for the identification and registration of migrants. Special emphasis is placed on combating corruption at the borders, as well as achieving concrete results in curbing migrant smuggling, increasing cooperation with Europol, and participating in relevant European initiatives. According to the European Commission’s 2024 Montenegro Report, Montenegro has made good progress in migration management, and it was noted that the legal framework is largely aligned with EU law.

Asylum, together with migration, represents one of the key areas receiving high attention from the European Union. As a candidate country, Montenegro has already begun facing an increased number of asylum seekers, further triggered by current geopolitical tensions and security crises. Montenegro’s legislation in this area is largely aligned with the EU acquis. In the coming period, the key challenge for Montenegro is to prepare capacities for adequate reception of asylum seekers, their accommodation, and integration into Montenegrin society. According to the European Commission’s 2024 Montenegro Report, Montenegro has made good progress in the area of asylum, and it was noted that the legal framework is largely aligned with EU law.

External borders and Schengen are important from the perspective of fundamental EU principles, reflected in the right to free movement of EU citizens, as well as free movement of capital and services. Montenegro is expected to strengthen integrated border management, including implementation of the Schengen Action Plan and ensuring adequate human, technical, and financial resources for operational readiness, including appropriate equipment and infrastructure at border crossings, as well as timely alignment with relevant EU systems.

Visa policy is an integral part of both EU member states’ and Montenegro’s foreign and security policy. Primarily, it involves mechanisms for protecting state interests, public order, and preventing illegal migration. Key steps include aligning the list of countries with and without visa requirements with those of the EU. To implement a common EU visa policy, it is especially important that Montenegro aligns its national visa regime with the European one, which also involves the establishment of a complex and costly Visa Information System.

In the field of alignment of the legal system regarding organized crime and police cooperation, Montenegro has undertaken a number of activities that have achieved a high degree of alignment, but there is room for further progress. The challenge for Montenegro in the next period is to achieve more convincing results, not only in terms of initiated criminal proceedings, investigations, and indictments but also in terms of final judgments. Significant support for development and functioning is provided through the activities of the European Police College – CEPOL. In this segment, the Schengen Convention is particularly important, which obliges police authorities to assist each other in preventing and detecting crime. Also significant for Montenegro are a number of international agreements that recognize and support various forms of police cooperation. According to the European Commission’s 2024 Montenegro Report, Montenegro is moderately prepared in the area of organized crime; good progress has been made by adopting legislative amendments in the fields of money laundering and human trafficking. Further progress has also been made in aligning national legislation with EU law regarding police cooperation and organized crime.

Combating human trafficking is a global challenge that the EU closely monitors. Montenegro is expected to demonstrate readiness and capacity to establish a solid record of results in this area, especially by creating a comprehensive and gender-oriented legal and policy framework aimed at victim protection, aligned with the EU acquis. The aim of this framework is the prevention of human trafficking and effective fight against it, with a stable record of proactive identification, protection, assistance, and support for victims and potential victims. Montenegro is also expected to dismantle human trafficking networks through effective investigations, prosecutions, and convictions of perpetrators.

The development of judicial cooperation in civil and commercial matters has been initiated with the primary goal of facilitating judicial cooperation among European countries and is based on principles of mutual recognition of court decisions, legal assistance, and alignment of legislation with EU standards. Establishing a legal framework for effective cooperation, as well as active participation in relevant European networks and institutions, is necessary for combating crime and strengthening legal certainty. Judicial cooperation in criminal matters is based on the principle of mutual recognition of judgments and other judicial decisions of one EU member state in other EU states, as well as mutual legal assistance.

Montenegro has adopted a number of reform measures in the fight against terrorism. In the next period, further alignment of legislation and strengthening of the strategic framework in this area are expected.

Cooperation in the field of drugs involves strategic and normative planning and development, both in preventive and repressive actions and sanctioning all forms of illegal activity. As a candidate country, Montenegro must ensure not only an aligned legal framework but also constant cooperation with EU and regional countries to curb trafficking, illegal production, sale, and use of narcotic drugs.

In the field of customs cooperation, the focus is on preventing and detecting criminal acts and offenses related to customs, against national legislation of member states and EU law.

Montenegro is also expected, within Chapter 24, to ensure effective criminal prosecution of all forms of counterfeiting currency, including its falsification, distribution, acquisition for circulation, and attempted execution of such crimes. Montenegro uses the euro as its official currency, making this segment particularly important, as the EU requires a high level of currency protection and suppression of any abuse, with full operational readiness of all relevant institutions.

Initial, interim, and final benchmarks

Chapter 24 – Justice, Freedom and Security was officially opened on 18 December 2013 at the Intergovernmental Conference in Brussels.

Montenegro’s initial benchmark was the preparation of an action plan, adopted by the Government on 27 June 2013, in accordance with recommendations from the Analytical Review Report, which showed the then degree of alignment of Montenegro’s legal system with the EU acquis. After completing the first phase of the Action Plan, which defined short-term priorities, the plan was adapted for Chapter 24 and adopted on 16 February 2015, aiming at more precise definition of medium- and long-term priorities.

The initial common EU position from December 2013 defined 38 interim benchmarks in Chapter 24, covering regular and irregular migration, asylum, visa policy, Schengen and external borders, judicial cooperation in civil and criminal matters, police cooperation, organized crime, counter-terrorism, and drug cooperation. Most of these interim benchmarks focus on improving the legislative and institutional framework according to European standards, while a smaller part is dedicated to establishing an initial record of achieved results. By fulfilling interim benchmarks, Montenegro qualified for the final benchmarks.

At the Intergovernmental Conference on 26 June 2024 in Brussels, Montenegro received a positive assessment of the fulfillment of interim benchmarks in chapters related to rule of law (JAR), which opened a more advanced phase of negotiations. The interim EU Common Position for Chapter 24, adopted at that time, complements the initial position and defines the final benchmarks Montenegro must fulfill to achieve internal readiness for closing this chapter:

1. Montenegro achieves sustainable, significant results in legal and illegal migration, asylum, Schengen-related matters, visa policy, and external border control.

2. Montenegro has established strong and effective systems for preventing and combating organized crime, guided by principles of prevention, protection, and response.

3. Montenegro ensures that its counter-terrorism policy is aligned with the EU acquis, guided by principles of prevention, protection, and response, is effective in practice, and harmonizes its legal framework with European and international standards on anti-money laundering and counter-terrorism financing.

Action plan for fulfilling final benchmarks:

The Government adopted the Action Plan for fulfilling final benchmarks in Chapter 24 on 25 April 2025. This document represents a key step in Montenegro’s EU accession process, defining concrete steps to achieve goals in organized crime, migration, asylum, visa policy, and border control. Implementation of this Action Plan will fulfill obligations set in the EU Common Position for Chapters 23 and 24. The deadline for implementing the activities is Q3 2026, in line with the Government’s plan to complete all obligations from the EU agenda by the end of 2026.

Institutions / organizations participating in the negotiation group

Negotiations with the EU in Chapter 24 have been conducted from the beginning at the level of the Negotiating Working Group for Chapter 24 – Justice, Freedom and Security. The first working group was formed by the Government on 8 March 2012. Since then, the composition has been modified several times due to personnel and institutional changes. Currently, the group is established under the Decision of 24 January 2024, and its composition was amended on 6 March 2025.

The Negotiating Working Group currently consists of a chairperson, deputy chairperson, and 31 members, including two civil society representatives. Participating state institutions include:

• Ministry of Interior

• Ministry of Justice

• Ministry of Foreign Affairs

• Ministry of Health

• Ministry of Ecology, Sustainable Development and Northern Development

• Ministry of European Affairs

• Police Directorate

• Directorate for State Property

• Customs Administration

• Real Estate Administration

• Supreme Court

• Special State Prosecutor’s Office

• Supreme State Prosecutor’s Office

Civil society representatives are from NGOs Građanska alijansa and Juventas.

Benefits for Montenegro

The primary goal of all activities within this chapter is to enable free movement of people while ensuring their security. Fulfilling the obligations of Chapter 24 contributes to reducing cross-border crime, terrorism, and trafficking of people, drugs, and weapons, thus effectively increasing the security of Montenegrin citizens. The aim is not only to close key negotiating chapters like Chapter 24, but also to implement deep system reforms that will benefit citizens in the long term and bring Montenegro closer to EU standards. This is why rule of law chapters are opened first and closed last, when systemic and sustainable changes have been proven.