Litigation Attorneys in Montenegro

Litigation Attorneys in Montenegro

Updated on Tuesday 27th December 2022

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What are the types of Courts in Montenegro?

The Montenegro judicial system is not so elaborated as in other countries and it’s composed by the Constitutional Court, the Supreme Court, the appellate courts, the first instance courts, the administrative courts and the Supreme Administrative Courts.
The Constitutional Court is formed by judges appointed for a period of nine years. Their number cannot exceed seven and a one of them is elected president for a period of three years.
The Supreme Court is divided into the criminal department, the civil department, the administrative department and the department for the judicial practice and legal informatics.
The basic courts of Montenegro are located in 15 cities across the country: Ulcinj, Herceg Novi, Kotor, Plav, Rozaje, Cetinje,  Bar, Bijelo Polje, Kolašin, Berane, Nikšić, Žabljak, Pljevlja, Podgorica, Danilovgrad. Our litigation attorneys in Montenegro are highly qualified to represent you before any of the courts of justice presented above.
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What are the responsibilities of the Courts in Montenegro?

The Constitutional Court of Montenegro is watching on the constitutionality and the adaptability to the international agreements of various laws, decrees, other regulations and general acts approved by the government and the parliament. It is also considered the court of appeal in cases related to the violation of human rights and liberties granted by the Constitution. Other responsibility is to decide on the conflict of responsibilities between state authorities and the rest of the courts. It may decide on the liquidation of a political party or a non-governmental organization due to the violation of the laws or the Constitution.
The highest court in Montenegro is the Supreme Court which is the third instance in cases decided by the law, which makes decisions against the ones taken by its panel of judges, decides on transfer of territorial jurisdiction in certain particular cases, resolves conflict of jurisdiction which takes place between the Montenegro courts, and other duties established by the law. 
The appellate courts are second instance courts in cases already judged by the first instance courts and the first instance for serious civil and criminal cases.
The first instance courts decide on the minor civil and criminal matters, in criminal cases punishable by law by a amend or prison time for a period of time not exceeding 10 years and in civil cases related to the family,  property, matrimony, personal rights.
The administrative courts are protecting the interests of the civilians related to the local and regional authorities. It takes decisions cases related to the legality of various acts pf administration and other individual acts as decided by the law. The decisions takes here can be contested at The Superior Administrative Court.

What are the responsibilities of the Arbitrary Court in Montenegro?

When two parties want to settle down a conflict and have signed a contract related to this, the arbitration procedure can be initiated as it is considered more advantageous than a regular lawsuit. The major advantages are the high speed of the process (takes no longer than six months), the fact that the arbitrators can be picked by the parties and not last, the smaller amounts necessary to perform it. The arbitration court is usually summoned when a commercial incident must be solved between two parties which has decided to use this method through an arbitration agreement. Our team of Montenegro lawyers can help you resolve any type of conflict, either by arbitration or by litigation. Our lawyers can also help you get a residency permit in Montenegro. Once you have decided to apply for Montenegrin residence, the procedure is easy. The key facts are as follows: full-time job, education, family reunification, ownership of the developed real estate, and seasonal employment are the primary requirements for obtaining a temporary residency permit. Permits for temporary residency are available for one-year intervals that can be renewed.      

How long does Litigation in Montenegro take?

Litigation cases in Montenegro can take from six months to 24 months in serious cases and even more if the gravity of the fact is impacting the society or numerous appeals are raised against the initial decision. In case you need a litigation lawyer in Montenegro, do not hesitate to contact our team of attorneys.