Montenegro's Cabinet session

Podgorica, Montenegro (23 April 2015) – With the view to strengthening Montenegro’s judicial efficiency, the Government approved the Bill Amending to the Code of Criminal Procedure in order to enhance cooperation between authorities involved in criminal proceedings, primarily between the state prosecutor's office and police, giving more powers to the police during the preliminary investigation.

The proposed amendments make it possible for customs officials to undertake specific evidentiary actions following orders of the state prosecutor, thus fulfilling obligations prescribed by special measures from the action plans for the negotiating chapters 23 and 24. It also specifies the existing surveillance techniques and prescribed three new ones, supplemented by a catalog of criminal offenses for which secret surveillance measures can be determined, coupled with changes in the jurisdiction for determining duration of these measures. New solutions promote the institution of mandatory defense, protection of persons reporting corruption (whistleblowers), as well as detention provisions. Among other things, the bill introduces a provision on reviewing decisions on criminal charges dismissal, advances plea bargain agreements, improves the provision revoking the first instance judgment and returning the case for retrial and request for legality protection.

While discussing the bill, the Cabinet stressed that it is equally important to find a quality systematic responses to the challenges that are products of local specificities in strengthening the rule of law to order to achieve better functionality of the judicial system, in addition to adopting highest international and European standards.

The government also approved the Bill Amending the Law on the Judicial Council. The proposed amendments are technical and are aimed at eliminating gaps in transitional provisions governing the relationship between old and new laws regarding delayed implementation of certain provisions.

At today's session, Montenegro’s Cabinet approved the Bill Amending the Law on Residence Tax. The proposed amendments are the new way of regulating assessment and collection of tourist tax, with the option of paying a lump sum for households, rural households and camps established by municipalities, as well as nautical tourism, which is determined by the Government. This will be the first time that Montenegro legally provides a stimulating manner of payment tourist tax for households, rural households and camps, while a large part of revenues from tourist tax on nautical vessels will be introduced into legal records. The proposal also envisages an increase in the upper limit of the tax amount from EUR 0.80 to 1.00.