Vladavina prava između zakona i prakse: implikacije nepovjerenja građana u crnogorsko pravosuđe
Rule of Law Between Law and Practice: Implications of Citizens' Distrust in Montenegrin Judiciary

Author(s): Milica Anđelić
Subject(s): Law, Constitution, Jurisprudence, Corruption - Transparency - Anti-Corruption
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Rule of law; Distrust of the justice system; Corruption; Democratic achievement; Conflict of interests;
Summary/Abstract: In this paper the author deals with the challenges of conflict of interest and corruption for the realization of the ideals of the rule of law, as well as for exploring he implications of the presence of corruption for the efficiency of the entire judicial systems. Although, countries such as Montenegro are relatively successful in strengthening their technical and organizational capacities in the field of justice, they face a number of challenges. Namely, the exerted political pressures as well as the lack of integrity are the reason why judiciary often does not attain its constitutional and legal competences. The state and the judiciary itself face the problem of eroded trusts of citizens in the system. Paradoxically, although laws which are harmonized with the EU acquis are being adopted, such efforts have been undermined by the problem of corruption, which is affecting the growing distrust of citizens. The paper is aim to show that the corruption does not only affect the rule of law, but also democracy and human rights in general, contributes to the threat to justice and the realization of social justice. In such conditions, with the growing distrust of citizens in the judiciary, corruption is indirectly encouraged and citizens take an attitude of apathy towards injustice.

• Details
• Contents