Other • 04. 11. 2025.

Review of the European Commission Report: Better Scores, but the Same Warnings

According to the assessments given for 33 open chapters, Montenegro has indeed achieved its best progress score so far – 3.63. However, the recommendations in the cluster of fundamental rights are more specific this year, reaffirming the requirements from Montenegro to deliver more tangible results.

 

Our detailed overview of readiness and progress scores by chapters and years, which we have been conducting since 2015, shows that Montenegro achieved its best result during this reporting period: the average progress score, which measures key activities in the chapters since the previous report, is 3.63. On the other hand, the average readiness score, which reflects the overall state of play in the individual chapters, stands at 3.45—showing the highest level of readiness so far.

 

The report reiterates numerous assessments and recommendations from previous periods, even similar to those in the 2018 Report, especially regarding the judiciary, public administration reform, or cooperation with civil society. Over the long term, progress can be seen in certain areas. Among other things, the European Commission (EC) recognizes progress in the handling of war crimes, indications of a more effective and deterrent criminal justice response, and a better track record in prosecuting high-level corruption and organized crime.

 

The merit-based selection of judges and prosecutors is particularly emphasized in this year’s report. This is not surprising, as it is one of the closing benchmarks for Chapter 23. However, the fact remains that in seven years, little progress has been made precisely in those areas on which tangible progress in the rule of law depends. In the area of the judiciary, we see more specific recommendations concerning the filling of positions through transparent procedures—where, in addition to the Constitutional Court mentioned in last year’s recommendation, the Judicial and Prosecutorial Councils are now also listed. Furthermore, in improving the efficient functioning of the judiciary, the EC this time highlights reducing the backlog of cases across the entire judiciary and implementing targeted measures, while specifically emphasizing the reduction of cases in the High Court in Podgorica, the Administrative Court of Montenegro, and the Special State Prosecutor’s Office, meaning that it will keep a close eye on the backlog in these courts until the next report.

 

The fight against corruption has been also operationalised through more specific recommendations. Apart from expecting a consolidated track record in investigations and verdicts for high-level corruption, the report explicitly lists which laws need further amendments to legally prevent unjustified delays in criminal proceedings. Improved monitoring and responsiveness to the State Audit Institution’s recommendations is also among priorities. The European Commission recognized the challenges related to monitoring the implementation of the Anti-Corruption Strategy, which we have also pointed out.

 

In the area of public administration reform, most of the recommendations from the previous period remain unfulfilled, although the more general recommendations from earlier reports have now been specified. The EC has provided concrete steps for the professionalization of the administration and merit-based recruitment, as well as for ensuring consistency between the medium-term and annual budget frameworks and fiscal management, in order to fulfill these general recommendations. This year’s report even openly criticizes the regulation fo the status of acting officials, which left room for external candidates who have not undergone competitive testing procedures to enter administration —something we have also pointed out in our review of the Law on Civil Servants and State Employees.

The need to adopt the Law on Free Access to Information is also reiterated, as ita adoption and discussion in the Parliament is still pending. Three new recommendations in the chapter on public procurement, which has been provisionally closed in June 2025, confirms that the temporary closure does not mean that all the work in that area has been done. The EC expects further amendments to the law to broaden the definition of corruption in public procurement, to introduce direct misdemeanor liability and budget inspection control, as well as to further improve the electronic procurement system by introducing an early warning system for various irregularities in procurement procedures. Special attention should be paid to the specific recommendation that interstate agreements with the United Arab Emirates and other countries must not bypass EU standards in public procurement.

 

Numerous recommendations for improving public enterprise management reform and risk assessment related to public enterprises are repeated, while new recommendations have been given for the area of statistics.

 

The EC report also particularly addressed human resource management in the Ministry of Interior and the Police Directorate. The EC reiterated its recommendation that a reorganization is necessary to strengthen prevention and internal control mechanisms in this sector. It particularly emphasizes the need to ensure stability in all police sectors by appointing directors and chiefs based on merit-based procedures, instead of the current practice of temporary (acting) leadership.

 

It should be recalled that in December 2024, the Council of the European Union expressed its readiness to “start preparations for drafting an Accession Treaty with Montenegro” in due course. The Enlargement Strategy, presented alongside individual reports on candidate countries, reaffirmed this important offer, noting that Montenegro is establishing a balance between progress in the rule of law and overall progress across all negotiation chapters. The Strategy further stresses that the pace of reforms in freedom of expression, the fight against organized crime and corruption, judicial independence, and visa policy will largely determine the possibility of concluding the negotiations by the end of 2026.

 

The ruling majority must not allow the next report to repeat the assessment stating that “due to internal political challenges, the process of aligning legislation with the EU acquis in certain negotiation chapters slowed down in early 2025, particularly in Chapters 23 and 24.” All actors in society must focus on implementing the steps outlined in the report to genuinely carry out the reforms expected of us in a very short timeframe.

 

With optimism that EU accession is finally within reach, we also hope that decision-makers in Montenegro will understand that, despite the acceleration of the negotiation process, there are no shortcuts to the rule of law.

 

Team of the Institute Alternative