Remedies and enforcement

• Author: Maja Kostić-Mandić
• Pages: 69-79

69

6REMEDIES AND ENFORCEMENT

6.1Judicial and/or administrative procedures (Article 7Directive 2000/43,

Article 9Directive 2000/78)

a)Available procedures for enforcing the principle of equal treatment

In Montenegro, the following procedures exist for enforcing the principle of equal

treatment.

The Protector of Human Rights and Freedoms of Montenegro is an independent and

autonomous institution entrusted with protecting and promoting human rights and

freedoms in general terms and represents a national mechanism for protection against

discrimination (Article 2(1) of the Law on the Protector of Human Rights and Freedoms of

Montenegro).

The Protector has special competences to act against discrimination and minority rights

violations and to protect women’s rights. The Law on the Prohibition of Discrimination

provides the Protector of Human Rights and Freedoms with powers consistent with the

requirements of Directive 2000/43/EC. These powers include provision of assistance to

victims, conducting surveys on discrimination and publishing reports and making

recommendations for the elimination of discrimination (Articles 20 and 22).

The LPD (Article 24) regulates proceedings before the courts and prescribes that anyone

who considers themselves a victim of discriminatory treatment on the part of an authority,

business entity, other legal person, entrepreneur or natural person shall be entitled to

court protection. The proceedings shall be initiated by filing a lawsuit. The proceedings

before the court are deemed to be urgent. In a dispute for protection from discrimination,

in addition to an appeal, revision as an extraordinary legal remedy shall always be

allowed.120 Lawsuits also allow the following measures: a) the establishment of the fact

that the respondent has acted discriminatorilytowards the claimant; b) prohibition of

executing the action that carries a potential threat of discrimination, i.e. prohibition of a

repetition of the discriminatory action; c) compensation for damages; and d) in cases

where the discrimination is perpetrated through the media, publication in the media of the

judgment establishing discrimination, at the cost of the respondent (Article 26).

In relation to people who may file a lawsuit, the Law prescribes in Article 30 that the lawsuit

may be filed on behalf of a person or group of persons who have been discriminated

against, as well as by organisations or individuals who work in the field of human rights

protection. The lawsuit may be filed only with the written consent of a person or group of

persons who have experienced discrimination. The lawsuit may also be filed by a person

who, with the intention of directly verifyingthe application of the rules on non-

discrimination, presents themselves as or puts themselves in the position of a person who

may experience discrimination on any ground.

The LPD also obliges the relevant inspectorates to undertake monitoring with respect to

discrimination in the field of labour and employment, occupational safety, healthcare,

education, building and construction, traffic, tourism and other fields (Article 32).

Article 139 of the Labour Law provides that the employer decides on the rights and

responsibilities of the employees arising from and in relation to their work, in accordance

with the law, collective agreements and the employment contract. An employee who

believes that a right arising from or in relation to their work has been violated by the

employer may submit a request to the employer to enable them to exercise that right. The

decision on this request is final and enforceable, unless regulated otherwise by the law.

120 Supreme Court of Montenegro, judgment of 25 June 2015, Už-Rev. No. 4/15; judgment of 19 April 2017,

Rev. No. 365/17.