PROGRAM ACTIVITIES

 


ACTIVITIES IN 2005:


  

law program:

February | March | April | may | julY | OCTOBER | DECEMBER

  

DECEMBER

  

1. Improving the work of Legal Clinics at the Law School in Podgorica

(Law School in Podgorica)          EUR 3,150.50

www.pravnifakultet.cg.yu

The project is for the improvement of work of legal clinics at the Law School in Podgorica, assistance to students in preparations for international competition in protection of human rights, and the printing of Practical Guide for Legal Clinics.

Legal clinics are a form of modern teaching and optional courses at the 3rd and 4th years, starting from this year. The project refers to the teaching at six legal clinics – civil, criminal, contractual, administrative and experimentally – at the clinic for international labor law. 

The project is jointly financed by FOSI-Representative Office Montenegro and OSJI network program in the total amount of EUR 6,301.

The Foundation supported the previous work of legal clinics.

  

2. Monitoring of the financing of political parties

(NGO "CEMI")          EUR 8,308

www.cemi.cg.yu

The project is for the monitoring of the application of the Law on Political Party Financing and Law on Conflict of Interests, and advocating publicly for amendments to these laws. The project also includes monitoring of the work of Republic Electoral Commission, local electoral commissions and Commission for the Prevention of Conflict of Interests – with a view to making the collected information available to the public.

With the support of the Foundation, a database has been formed with information regarding the financing of political parties, public contracts and earnings of public officials. By updating this database, CEMI seeks to ensure a stable fee access to such information for citizens and the identification of proofs of possible instances of corruption in the mentioned areas.

The project is jointly funded by the FOSI-Representative Office Montenegro and OSJI network program, in the total amount of EUR 16,616.

 

Publication: Financing of political parties in Montenegro - Report for year 2005

 

3. Preparation of draft law on criminal liability of legal entities

(Ministry of Justice of RM)          EUR 2,400

www.pravda.vlada.cg.yu

By adopting the Law on Criminal Liability of Legal Entities, Montenegrin criminal legislation will be brought in compliance with international standards (according to applicable law, legal entities may be held liable only for misdemeanors and commercial violations).

The Government of RM plans to define the draft Law in March 2006 and put it in the parliament procedure in April 2006.

The Foundation covers the fees of members of working group that is preparing the draft Law.

The preparation of this Law, in support to the judicial reform, is also supported by Checchi and Company Consulting, Inc./USAID - Montenegro Judicial Reform Project, the Council of Europe and Organization for Security and Cooperation in Europe.

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OCTOBER

  

1. The seminar "European Convention on Human Rights and Right to Privacy Related to Freedom of Expression"

(CEDEM in cooperation with Judicial Training Center and AIRE Center from London)          EUR 3,895 

The project is the fourth one in the series of seminars dealing with exercise of the rights protected by the European Convention on Human Rights. The subject matter of the seminar is right to privacy and freedom of expression and it is expected to contribute to the application of case law and standpoints of the European Court for Human Rights in the domestic legal system.

It is planned that the European lawyers who have represented parties before the Court in Strasbourg and eminent domestic lawyers who worked on cases related to right to privacy and freedom of expression inform the participants – representatives of the judiciary, prosecution offices, law practice, Ministry of Justice and Ministry of the Interior – about their own experience.

The Foundation has supported this series of seminars, and they are organized by NGO CEDEM in cooperation with AIRE Center from London, Judicial Training Center and Council of Europe.

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julY

  

1. Data entry and maintenance of database regarding information on the financing of political parties, earnings of public officials and public contracts

(NGO Center for Monitoring)          EUR 3,413 

www.cemi.cg.yu

The project is a follow-up to the project completed in end April this year Monitoring of the Financing of Political Parties, which was financed by the Foundation and the network program of the Open Society Justice Initiative from Budapest. The database on the financing of political parties, on public contracts and on earnings of public officials was established through the previous project.

The CEMI research and monitoring team will collect new information available, process such information and feed the database, which should be placed on Internet in end October this year.

The project is expected to enable citizens to access information and to ensure transparency regarding the financing of political parties, earning of public officials and public contracts.

2. Preparation of draft amendments to the Law on Political Party Financing

(NGO Center for Monitoring)          EUR 2,625 

www.cemi.cg.yu

The project foresees that an expert team analyze the impact of the recently passed Law on Amendments to the Law on Political Party Financing, identify the questionable provisions, look into the international standards and recommendations of international organizations and prepare an analytical study of the challenged provisions. The final outcome of the project would be draft amendments to the current Law on Political Party Financing.

This draft would be the foundation for launching a far-reaching campaign for having fair, transparent, restricted and sustainable financing of political parties.

  

3. Presentation of results of the Montenegrin public opinion poll on attitudes toward organized crime

(In-house project)          EUR 387.64

The Foundation organized the presentation of results of Montenegrin public opinion poll on attitudes towards organized crime  for representatives of prosecution office, judiciary, police and law practice in Montenegro, aimed at better definition of a strategy for fighting organized crime.

The public opinion poll was supported as part of a large international project carried out by the Soros Foundation network.

Between February and May this year, the sample of 900 respondents in Montenegro was studied by the agency "Strategic Marketing Research" from Belgrade, whose experts presented the results of the survey in Podgorica on July 20, 2005.

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may

 

1. Seminar: European Convention and Criminal Legislation

(CEDEM in cooperation with Judicial Training Center and AIRE Center from London)          EUR 4,045

www.cedem.cg.yu

The seminar "European Convention and Criminal Legislation" is a follow-up to the series of seminars organized y the NGO CEDEM, in cooperation with AIRE Center from London, Judicial Training Center and the Council of Europe.

After a year of implementation of new criminal codes, about 35 judges, prosecutors, lawyers and members of the Ministry of Justice and Ministry of the Interior will review the experience and compare it that of the European Court of Human Rights. They will pay special attention to the matter of adjudication in reasonable time, which is the biggest problem of Montenegrin judiciary. The seminar is planned to address also the following matters:

- right to efficient defense with special focus on the main hearing and appealing procedure,

- modern solutions regarding evidence admissibility and execution of criminal sanctions.

The seminar will be held on July 1 and 2, 2005 in Herceg Novi. The Foundation will cover the organizational costs for the seminar.

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April

 

1. Seminar: "European Convention and Criminal Law Reforms"

(CEDEM in cooperation with Judicial Training Center and AIRE Center from London)          EUR 3,895

www.cedem.cg.yu

At the seminar "European Convention and Criminal Law Reforms", representatives of the judiciary, prosecutor office, bar, Ministry of Justice and Ministry of the Interior reviewed the experience after one year of application of new criminal codes. They also compared their experience to the practices of the European Court of Human Rights, particularly regarding detainment, right to efficient defense in pre-criminal procedure and role of judge in the investigation procedure.

The meeting was held on April 22 and 23, 2005, as a follow-up to the series of seminars organized by the NGO CEDEM in cooperation with AIRE Center from London, Judicial Training Center and Council of Europe.

 

2. Preparation of the State Prosecutor Internal Operation Rules

(Ministry of Justice of Montenegro)          EUR 3,900

The State Prosecutor Internal Operation Rules are supposed to regulate, in a proper and comprehensive way, the responsibilities of prosecutor management including the internal allocation of duties (that provide for a regular and timely work of the state prosecutor), consideration of complaints and submissions, information system management, prescribed records and reports management, financial and material accounting, work of intake office and archive etc. With the adoption of the new Law on State Prosecutor and establishment of modern standards in comparative law, it became necessary to enact the new Rules.

The project includes the preparation of the Rules and holding of a round-table to discuss the final draft of the Rules, formulated on the basis of comments from the Council of Europe and the OSCE.

The Foundation provides financial support for making the initial draft of the Rules and part of expenses of the round-table discussion to be held in September 2005.

 

3. Experiences in the Implementation of New Criminal Legislation in Montenegro

(Ministry of Justice of Montenegro)          EUR 6,720

Within numerous activities of the Foundation in the area of criminal law reforms, the Foundation, together with the Ministry of Justice of Montenegro and OSCE Office in Podgorica, organized, on April 18 and 19, 2005, two round tables titled "Experience in the Implementation of New Criminal Legislation in Montenegro", on the occasion of one year since the start of application of the new Criminal Code and Criminal Procedure Code in Montenegro. The round table devoted to the Criminal Code was held on April 18, and the one addressing the Criminal Procedure Code was held on April 19.

The meeting was attended by about 40 representatives of the judiciary, prosecutor office, NGOs and donors, with the intention to give their comments regarding the application of the mentioned laws in Montenegro. The round tables were also attended by members of working groups that drafted the laws.

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march

 

1. Preparation of the Judiciary Education Law

(Ministry of Justice of Montenegro)          EUR 4,250

The project is aimed at drafting the Law on Training in Judicial Authorities, which will govern mandatory professional training of judges and prosecutors in the Republic in the manner required by many international documents, primarily those of the Council of Europe. The new law should contribute to further professionalization and efficiency of the judiciary. The project covers the expenses of the working group drafting the law and the round table that will discuss the first draft.

 

2. Public Opinion in Montenegro in 2005

(CEDEM)          EUR 6,000

www.cedem.cg.yu

The project includes four public opinion surveys in Montenegro to be held during the year in quarterly intervals, a detailed analysis of the results and shown tendencies in the public opinion, and their timely presentation to the public. The subject of the research is the attitude toward major social reforms - of the judiciary, education system and local government, and toward the EU. The survey is to cover a sample of 1,000 people, representative of the population of Montenegro by their ethnic, social and other relevant characteristics.

On the basis of the results of the survey, the Foundation will define its courses of action in the mentioned reform segments. In 2005, based on the last year's findings, activities will focus on assisting citizens to understand the reform processes.

 

[The project is also supported through the Education Reform Program with EUR 23,760 and Public Administration and Local government Program with EUR 15,000, coming to EUR 44,760 in total]

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february

 

1. Adjudication in Reasonable Time

(NGO Center for the Rule of Law)          EUR 15,000

The project includes a 10-month research of the court practices in Montenegro from the aspect of duration of judicial proceedings, because the right to having a case heard in reasonable time is the most often violated right from the European Convention on Human Rights. Within this project, criminal cases heard before the basic and superior courts in the Republic and civil cases heard before the basic courts would be studied. The project objective would be to detect practical obstacles to the accomplishment of right to the trial within reasonable time, to present to the public the findings of the study and to propose to the competent state authorities courses of changes in regulations and recommendations for education and work organization in the courts.

 

2. Seminar: "European Convention and Family Law"

(CEDEM in cooperation with Judicial Training Center and AIRE Center from London)   EUR 2,795

www.cedem.cg.yu

The objective of the seminar "European Convention and Family Law" is to offer recommendations for the harmonization of family law in Montenegro with the European Convention of Human Rights. The seminar is intended for representatives of the judiciary, prosecutor office, bar, Ministry of Labor and Social Welfare and social work centers that will consider problems in the area of family law in Montenegro and introduction of European standards in domestic laws in that field.

The seminar is organized by CEDEM (Center for Democracy and Human Rights), in cooperation with Judicial Training Center and AIRE Center from London, and the Foundation Open Society Institute – Representative Office in Montenegro covers part of seminar organization expenses.

 

3. Professional Discussions: "Media and Society"

(Montenegro Media Institute)          EUR 4,303.65

www.mminstitute.org

The Foundation covered a part of expenses of the so-called professional discussions on the topic "Media and Society", that were held in Podgorica on January 22 and 23, 2005. The meeting represented a second phase of a wider scope project pointing to the role of media in democratization, need for improvement of professional and ethical standards in journalism and encouraging professional and public debates about the media. As part of the first phase, the studies: "Freedom and Responsibility of Media in Montenegro", "Defamation and Media" and "Assessment of the Effect and Success of in-house training and training through MMI" were conducted in December 2004. Those studies were presented within the project Professional Discussions: Media and Society.

 

4. Public Opinion Poll in Montenegro about attitude towards organized crime

(Strategic Marketing Research)          EUR 9,360

The project is to be implemented in Montenegro in March 2005 on the sample of 900 people. During April, it is foreseen to make a final analysis of data and prepare a report, while the poll results would be presented in May.

The public opinion poll about organized crime will be conducted at the level of Soros foundations network. The marketing agency "Strategic Marketing Research" will organize the poll regarding the same issue in Serbia, Montenegro and Macedonia. The foundations in these countries will cover part of public opinion poll expenses, and a part will be paid by OSI New York.

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