Judgment Reviews Law at Montenegro
Montenegro's judicial review system is structured to ensure that administrative decisions comply with the rule of law, providing mechanisms for individuals to challenge unlawful or unjust administrative actions.
⚖️ Legal Framework
The cornerstone of Montenegro's administrative law is the Law on General Administrative Procedure, enacted on October 21, 2003. This law establishes the procedures for administrative decision-making and outlines the rights of individuals and legal entities in administrative matters. It emphasizes principles such as legality, fairness, efficiency, and transparency in administrative processes.
🏛️ Administrative Court and Judicial Review
The Administrative Court of Montenegro is the primary judicial body responsible for reviewing administrative acts individuals can initiate an administrative dispute if they believe an administrative act violates their rights This includes situations whereAn appeal against a first-instance decision has been rejected
An appeal is not permitted by law
The authority failed to issue a decision within the prescribed deadline (administrative silence)
The authority did not act upon a complaint or did not take necessary administrative actions To initiate an administrative dispute, a lawsuit must be filed within 20 days from the day the act is delivered to the party The lawsuit can be submitted directly to the Administrative Court, by mail, or electronically
📜 Grounds for Judicial Review
The Administrative Court can review administrative acts on various grounds, includin:
Violation of procedural rules If the administrative procedure was not conducted in accordance with the la.
Incorrect establishment of facts If the facts upon which the decision was based are incorrect or incomplet.
Incorrect application of material law If the law was applied incorrectly or inappropriatel.These grounds ensure that administrative decisions are lawful, reasonable, and fai.
⏳ Deadlines and Procedures
Filing a complaint A complaint against a first-instance decision must be filed within 15 days from the day of delivery of the decision, unless another deadline is prescribed by la.
Decision on the complaint The second-instance authority must make and deliver a decision on the complaint as soon as possible, and no later than within 45 days from the day of receipt of the complaint, unless a shorter deadline is prescribed by a special la.
Initiating an administrative dispute If the complaint is rejected or not allowed, or if the authority did not issue a decision within the prescribed deadline, an administrative dispute can be initiated by filing a lawsuit within 20 days from the day of delivery of the act to the part.
🧭 Recent Development
In recent years, Montenegro has made efforts to enhance the effectiveness of its judicial review syst For instance, in 2022, the Administrative Court issued a landmark ruling on state aid control, rejecting a lawsuit and affirming the decision of the Agency for the Protection of Competitin This ruling marked the first substantive decision by a Montenegrin court in the area of state aid control, setting a precedent for future cass.
⚠️ Challenges and Ongoing Reform
Despite these advancements, challenges reman The International Commission of Jurists (ICJ) has called for comprehensive judicial reforms in Montenegro to address issues such as judicial independence and efficieny The ICJ's report emphasizes the need for reforms to ensure that Montenegro meets its international obligations regarding judicial independence and efficieny.
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