Remedies and enforcement

• Author: Kostic-Mandic, Maja
• Pages: 67-76

67

6 REMEDIES AND ENFORCEMENT

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

Article 9 Directive 2000/78)

a) Available procedures for enforcing the principle of equal treatment

In Montenegro, the following procedures exist for enforcin g 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 righ ts and

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

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

Freedoms of Montenegro).

The Prote ctor has special competences to act against discrimination and mi nority rights

violations and to protect women’s righ ts. 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 inclu de 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 pr otection. The proceedings shall be initiated by filing a lawsuit. The

proceedings b efore the court are de emed to be urgent. In a dispute for protecti on from

discrimination, in add ition to an appeal, revision as an extraordinary legal remedy shal l

always be allowed.110 Lawsuits also al low the following measures: a) the establi shment of

the fact that the respondent has acted discriminatorily towards t he claimant ; b)

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

prohibition of a repetition of the di scriminatory action; c) compensation for damages;

and d) in cases where the discriminati on is perpetrated through t he media, publica tion in

the media of the judgment establishing discrimination, at the c ost 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 again st, as well as by o rganisations 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 l awsuit may also

be filed by a person who, with the intention of directly verifying the 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 gr ound.

The LPD also obliges th e relevant inspectorates to un dertake monitoring with respect to

discrimination in th e field of labour and employment, occupational safety, healthcare,

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

Article 119 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, i n 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 subm it a request to the employer to enable t hem t o exerci se that right.

110 Supreme Court ruling, Už-Rev. Br. 4/15 (25 June 2015), Rev. br. 365/17 (19 April 2017).