Sector: Constitutional law; International law; Human Rights; EU Law
Practice Area: Dispute Resolution; White-Collar Crime
The Constitutional Court of Montenegro issued its fifth consecutive ruling in favour of our client, affirming that the prolonged restrictions on their freedom of movement imposed by the High Court of Podgorica were arbitrary and disproportionate. This ongoing legal battle stems from the client’s involvement in a high-profile white-collar case before the High Court in Podgorica, where restrictive measures have been imposed for over two years.
Our firm has consistently challenged these measures, filing more than ten Constitutional Appeals, arguing that they violate both the European Convention on Human Rights (ECHR) and the Constitution of Montenegro. Specifically, we have highlighted breaches of Article 2 of Protocol No. 4 of the ECHR and Article 39 of the Montenegrin Constitution, both of which safeguard the right to freedom of movement.
The Constitutional Court has upheld our position in every ruling, determining that the decisions by the High Court of Podgorica infringe on our client’s fundamental rights. Despite the High Court’s continued non-compliance with the Constitutional Court’s decisions, the Court has reiterated that its rulings are binding on all state authorities, underscoring the obligation to respect and enforce them.
