Centre for Civic Education (CCE) recalls that the judicial independence is a cornerstone of the rule of law and the most important safeguard of citizens’ right to a fair trial. However, in order for this independence to be preserved in practice and not merely declaratively, the executive and legislative branches have an obligation to ensure adequate working conditions for judges and prosecutors – an obligation that is currently not being fulfilled.
Decisions adopted within the judiciary directly affect human lives and entail an exceptionally high level of professional and personal responsibility. Therefore, it is unacceptable for judicial functions to be performed under conditions that undermine the dignity and security of those who perform them. Adequate working conditions for judges and prosecutors are not merely an internal matter, but also one of the key prerequisites in the process of European integration. The fulfilment of the final benchmarks under Chapters 23 and 24 does not concern the judiciary alone, but also the responsibility of the executive and legislative authorities to provide systemic and sustainable support.
Unfortunately, numerous indicators in Montenegro point to unsatisfactory working conditions for judges and prosecutors. Promises regarding the construction of the Palace of Justice, made over nearly a decade, have not resulted even in the commencement of works, while deadlines remain entirely uncertain. A similar situation exists with the relocation of the Special State Prosecutor’s Office, which has been announced for years but has yet to be realised. Citizens who have attended court proceedings are aware of the inadequate spatial capacities, where there is often barely enough room for the parties to the proceedings, and almost none for the interested public. At a time of accelerated digital transformation, the low level of technical equipment in courts and prosecutor’s offices is particularly concerning. Judicial institutions continue to struggle with basic issues such as the procurement of laptops and printers, instead of implementing modern software solutions that would enhance efficiency.
Although spatial and technical conditions represent an important issue, one of the key problems within Montenegro’s judicial system remains remuneration.
Salaries of judges and prosecutors are low and do not correspond to the complexity and volume of work they perform. For example, the salary of most judges at the Basic Court in Podgorica amounts to approximately €1,300, which is unacceptable given the number of cases, pressures, and responsibilities they bear. A temporary solutionintroduced through a 30% functional allowance, based on amendments to the Law on the Judicial Council and Judges and the Law on the State Prosecutor’s Office, was envisaged to last until 1 January 2026 and cannot be considered sustainable. A special law that would permanently regulate the employment rights of judges and prosecutors has been announced for years without result, despite being envisaged in strategic documents. Nevertheless, work on this law has been significantly slowed down, indicating a lack of political will. Such an approach directly contradicts the opinions of the Venice Commission from 2022 and 2024, as well as the findings of the European Commission, which clearly state that Montenegro must adopt a special law regulating the status and salaries of judges and prosecutors, taking into account the specific nature of their function and the need to protect judicial independence, rather than regulating these matters through the Law on Salaries of Employees in the Public Sector.
A similar situation applies to judicial and prosecutorial advisors, whose salaries until the end of last year amounted to approximately €850 (excluding those with a special allowance). Although a temporary increase was introduced at the end of 2025 through the variable part of remuneration, envisaged by an agreement between the Ministry of Justice and the trade union (an 11% increase for advisers), the only sustainable solution remains the adoption of the Law on Judicial Administration, which continues to be postponed.
Trainees in courts and prosecutor’s offices are additionally discriminated against, as their salaries amount to approximately €650, despite the legally prescribed minimum of €800 for their level of education under the Labour Law. This practice has already resulted in court proceedings and a first-instance ruling in favour of trainees, and should a final and binding judgment be rendered, it may generate additional costs for the state budget, as it would require the payment of outstanding salaries, statutory interest, and procedural costs. This demonstrates a serious level of institutional irresponsibility towards young legal professionals at the very beginning of their careers.
The state’s attitude towards the judiciary is also clearly reflected in budget allocations – while the budget of the Parliament of Montenegro increased by 64% in the period 2021 – 2025, the budget for the entire judiciary grew by only 36%. Furthermore, political pressures on judges and prosecutors, as well as the non-enforcement of court decisions in certain cases, represent an additional problem that further undermines trust in the system.
All of this directly contributes to declining interest among young legal professionals in pursuing a career in the judiciary. If this approach continues, a legitimate question arises as to whether the authorities truly want an independent and strong judiciary, or a system in which pressure and coercion are used to undermine the work of judges and prosecutors.
The independence of judges and prosecutors is not their privilege, but a fundamental prerequisite for the protection of citizens’ rights and the functioning of the rule of law. Criticism of the judiciary is legitimate and necessary;however, without ensuring dignified working conditions, quality outcomes cannot be achieved. Hence, it is essential that decision-makers assume responsibility and provide permanent and systemic solutions that will strengthen judicial independence and the rule of law in Montenegro.