Jurisdicton

SUPREME COURT OF MONTENEGRO
 
The Supreme Court shall:
 
1) Adjudicate in the third instance when so provided by law;
2) Adjudicate on extraordinary legal remedies against decisions of the courts in Montenegro;
3) Adjudicate on legal remedies against decisions of its panel, when so prescribed by law;
4) Adjudicate on the transfer of territorial jurisdiction when it is obvious that it will be easier for the other court that has subject-matter jurisdiction to conduct the proceedings, or for other important reasons;
5) Determine which court shall have territorial jurisdiction when the jurisdiction of the courts in Montenegro is not excluded, and when, in accordance with the rules on territorial jurisdiction, it is not possible to reliably determine which court has territorial jurisdiction in a particular legal matter;
6) Resolve conflict of jurisdiction between different types of courts in the territory of Montenegro, except when the jurisdiction of another court has been prescribed to resolve the conflict of jurisdiction;
7) Perform other duties prescribed by law.
 
The Supreme Court shall decide on the matters relating to the transfer of territorial jurisdiction, determining the court having territorial jurisdiction and conflict of jurisdiction in a panel of three judges, without conducting a hearing.
 
General Session of the Supreme Court:
 
At a General Session, the Supreme Court shall:
1) Determine legal positions of principle;
2) Consider issues in relation to the work of courts, implementation of laws and other regulations and exercise of judicial power, informing the Parliament of Montenegro thereof when it deems necessary;
3) Adopt Rules of Procedure of the General Session of the Supreme Court;
4) Propose candidates for the President of the Supreme Court, issue the proposal for establishing the termination of office, disciplinary liability and dismissal of the President of the Supreme Court and issue opinions on candidates for judges of the Supreme Court;
5) Perform other duties prescribed by law.
 
 
ADMINISTRATIVE COURT OF MONTENEGRO
 
The Administrative Court shall adjudicate on administrative disputes and shall perform other duties laid down by law.
 
 
APPELLATE COURT OF MONTENEGRO
 
The Appellate Court shall:
 
1) Decide on appeals against first-instance decisions of High Courts, as well as on appeals against decisions of the Commercial Court;
2) Resolve the conflict of jurisdiction between:
- Basic Courts from the territories of different High Courts,
- Basic and High Courts,
- High Courts;
3) Perform other duties prescribed by law.
 
 
COMMERCIAL COURT OF MONTENEGRO

The Commercial Court shall adjudicate in the first instance on:
 
1) Disputes between companies, entrepreneurs and other legal persons performing economic activity (commercial entities), which arise from their commercial-legal relationships and in the disputes arising between commercial entities and other legal persons in the performance of the activity of commercial entities, as well as in the case where one party in those disputes is a natural person, if he / she is in relation of substantive joint litigant to one of the parties;
2) Disputes relating to registration of commercial entities as well as disputes arising from relationships governed by company law;
3) Disputes relating to bankruptcy and liquidation of commercial entities, regardless of the capacity of the other party and irrespective of the time when the dispute was initiated, unless otherwise provided by law;
4) Disputes relating to copyrights and related rights, industrial property rights and trademark protection, and other rights arising from intellectual property regardless of the capacity of the parties;
5) Disputes relating to rights of artists, rights concerning the multiplication, duplication and releasing for circulation of audiovisual works, as well as disputes relating to computer programmes and their use and transfer between the parties referred to in Item 1 of this paragraph;
6) Disputes relating to disturbance of possession between the parties referred to in Item 1 of this paragraph;
7) Disputes relating to distortion of competition, abuse of monopolistic or dominant position in the market and entering into monopolistic agreements;
8) Disputes relating to ships and navigation at sea and inland waters, as well as disputes governed by navigation law, except for disputes relating to the transport of passengers;
9) Disputes relating to aircrafts and disputes governed by air law, except for disputes relating to the transport of passengers;
10) Disputes in other legal matters which the law places within the jurisdiction of the Commercial Court.
 
The Commercial Court shall, in the first instance:
 
1) Conduct the proceedings of bankruptcy and liquidation;
2) Decide on and conduct enforcement when the enforceable instrument has been issued by the Commercial Court or arbitration when so defined by a separate law, decide on enforcement between the parties referred to in paragraph 1, Item 1 of this Article, and decide on and conduct enforcement and security on board ships and aircrafts, regardless of the capacity of parties;
3) Decide in non-contentious proceedings concerning ships and aircrafts;
4) Decide on the recognition of foreign judicial decisions rendered by commercial courts, as well as of foreign arbitral awards.
 
The Commercial Court shall provide international legal assistance for matters under its jurisdiction and shall perform other tasks prescribed by law.
 
 
HIGH COURTS
 
High Courts shall have jurisdiction to:
 
1) Adjudicate in the first instance on criminal proceedings conducted for criminal offences punishable by law by imprisonment in excess of 10 years as principal punishment, regardless of the character, profession and position of the person against whom the proceedings are conducted and regardless of whether the criminal offence was committed in peace, state of emergency, in a state of imminent war danger or in a state of war, and for the following criminal offences:
- Manslaughter,
- Rape,
- Endangering the safety of air traffic,
- Unauthorized production, keeping and putting into circulation of narcotic drugs,
- Calling for violent change of the constitutional order,
- Disclosure of secret data,
- Instigation of ethnic, racial and religious hatred, discord and intolerance,
- Violation of territorial sovereignty,
- Associating for anti-constitutional activity,
- Preparing acts against the constitutional order and security of Montenegro,
- Against humanity and other goods protected by international law;
 
2) Adjudicate in the first instance on those criminal offences which are by separate law prescribed to fall within the jurisdiction of High Court;
3) Adjudicate, in the second instance, on appeals against decisions of Basic Courts;
4) Conduct a procedure of determining the circumstances regarding the request for extradition of accused and convicted persons and the procedure of recognition and enforcement of foreign judgments in criminal matters;
5) Resolve conflict of jurisdiction between Basic Courts from their territory;
6) Decide on requests for expunging of a sentence based on judicial decision and upon requests for termination of security measures or legal consequences of a sentence relating to the prohibition to acquire certain rights, when they have pronounced such a sentence or measure;
7) Perform duties of international criminal legal assistance in criminal matters under a letter rogatory for a hearing person, implementation of special evidentiary actions, as well as other forms of international criminal legal assistance;
8) Perform other duties laid down by law.
 
Irrespective of the rules on territorial jurisdiction, the High Court in Podgorica shall adjudicate on criminal proceedings conducted for the following criminal offences:
 
1) Organized crime, regardless of the sentence prescribed;
2) High-level corruption:
a) If a public official committed the following criminal offences:
- Abuse of official position,
 - Fraud in the conduct of official duty,
 - Illegal influence,
 - Incitement to illegal influence,
 - Passive bribery,
 - Active bribery.
b) If the material gain exceeding the amount of forty thousand euro was obtained through the commission of the following criminal offences:
-  Abuse of position in business operations,
- Abuse of powers in economy.
3) Money laundering;
4) Terrorism; and
5) War crimes.
For the purpose of conducting trials for the criminal offences referred to in paragraph 2 of this Article, a special division shall be formed in the High Court in Podgorica.
 
 
BASIC COURTS
 
Basic Courts shall have jurisdiction to:
 
1) In criminal offences:
 
a) Adjudicate in the first instance on criminal offences punishable by law by a fine or imprisonment of up to 10 years as principal punishment, regardless of the character, profession and position of the person against whom the proceedings are conducted and regardless of whether the criminal offence was committed in peace, state of emergency, in a state of imminent war danger or in a state of war, unless the jurisdiction of another court is prescribed for specific types of these criminal offences;
b) Adjudicate in the first instance on those criminal offences which are by separate law prescribed to fall within the jurisdiction of Basic Courts;
c) Conduct proceedings and decide on requests for expunging of a sentence, requests for termination of security measures or legal consequences of a sentence and adjudicate in those matters when they have imposed such a sentence or measures;
 
2) In civil cases, to adjudicate in the first instance:
 
a) On disputes relating to property, matrimony, family, personal-legal and other relationships, except in those disputes where the law prescribes the jurisdiction of another court;
b) On disputes relating to correction or reply to information provided by the media and petitions relating to violation of personal rights committed through the media;
 
3) In labour law cases, to adjudicate in the first instance on disputes relating to:
 
a) Employment,
b) Conclusion and application of collective bargaining agreements, as well as all disputes between employers and trade unions;
c) Application of the rules on strike;
 
4) In other legal matters:
 
a) To resolve non-contentious cases in the first instance, unless otherwise provided by the present Law;
b) To resolve cases of enforcement and security in accordance with the law governing enforcement and security;
c) To decide on recognition of foreign judgments, as well as on the enforcement of foreign judgments when so prescribed by law, except for those falling within the jurisdiction of the Commercial Court;
 
5) Perform tasks of legal assistance;
 
6) Perform tasks of international criminal legal assistance in criminal matters under a letter rogatory for service of documents.
Basic Courts shall have jurisdiction to adjudicate in the first instance on other matters as well, unless the jurisdiction of another court is prescribed by law.
 
Basic Courts shall also perform other duties laid down by law.
 
 
HIGH MISDEMEANOUR COURT
 
High Misdemeanour Court shall decide on appeals lodged against decisions of Misdemeanour Courts, shall decide on the conflict of jurisdiction between Misdemeanour Courts and shall perform other duties prescribed by law.


MISDEMEANOUR COURTS

Misdemeanour Courts shall have jurisdiction to adjudicate on the requests for misdemeanour proceedings and the requests for judicial determination