HOW TO SERVE LEGAL PAPERS IN MONTENEGRO

‘Montenegro’ is a Southeastern European nation.  As early as the Middle Ages, modern-day Montenegro was divided into three principalities [A.]  Duklja, which approximately corresponds to the southern half; [B.]Trivia, in the western part of the country; and [C.] Rascia proper, in the northern part.

In the 14th and 15th centuries, the Principality of Zeta was established. Many of southern Montenegro’s regions were administered and integrated into Venetian Albania from 1450 and 1800, while the Venetian Republic was in power. The late 15th century saw the first usage of the term Montenegro to describe the nation. 

BACKGROUND

The House of Petrovi-Njego ruled Montenegro from 1696 until 1918, when it became a secular principality, regaining independence from the Ottoman Empire. During the Berlin Congress in 1878, the Great Powers recognized Montenegro’s independence. The kingdom was established in 1910.

Yugoslavia annexed the kingdom after World War I. The republics of Serbia and Montenegro declared a federation after Yugoslavia’s dissolution. Montenegro gained its independence after a vote in May 2006, and the confederation peacefully disbanded

Memberships include the Organization for Security and Cooperation in Europe (OSCE), United Nations (UN), NATO (NATO), World Trade Organization (WTO), Council of Europe (COE), and CEFTA (Central European Free Trade Agreement). Montenegro is now in the process of becoming a member of the European Union.  The Republic of Montenegro, which declared its new constitution on October 22, 2007, is an autonomous and sovereign state.

The President of Montenegro is elected for a five-year term by direct popular vote and serves as head of state. The President serves as the country’s ambassador overseas, enacts laws by ordinance, presides over elections for the Parliament, and makes nominations to the legislature for positions such as a prime minister, president, and justices of the Supreme Court. Other constitutional responsibilities include holding a referendum, awarding medals and decorations, and serving on the Supreme Defense Council; the President is also a member of Parliament. Cetinje serves as the President’s official house and is located there.

Montenegro’s executive branch is known as the Government of Montenegro. The Prime Minister is the head of the government, which also includes the Deputy Prime Ministers and other cabinet members.  The unicameral legislature of Montenegro is composed of just one house of parliament. This Parliament passes legislation, ratifies treaties, selects the Prime Minister, cabinet members, and judges of all courts, sets the budget, and fulfills other functions stipulated by the Constitution A vote of no confidence in the government may be passed by Parliament with a simple majority. 

For the first time since 2003, Montenegro has been classified as a ‘hybrid government’ by the Freedom House after years of rising state control, misuse of authority, and strongman methods utilized by President Ukanovi.

It was only after the independence vote on May 21 that the Government of the Republic of Montenegro acquired responsibility for establishing and carrying out Montenegro’s foreign policy as a state subject to international law and a sovereign state and issued a Declaration of Independence. Foreign policy goals and actions were defined and assigned to the Ministry of Foreign Affairs in order to fulfill this constitutional role.

The strategic objective of Montenegro is membership in the European Union. Foreign policy in Montenegro will stay focused on this process in the near future. Joining NATO, a second strategic aim that may be achieved in a shorter time frame would provide stability and security for the pursuit of other strategic objectives. NATO welcomed Montenegro as a new member in May of this year, with membership taking effect on June 5th.

how to serve DOMESTIC legal papers IN MONTENEGRO

The complaint with attachments must be delivered to the defendant for a response within thirty days after the day of receipt of a correct and complete complaint by the court as per Montenegro Process Service. After receipt of the complaint with attachments, the defendant is required to provide a written response to the complaint to the court within thirty days.

When serving the defendant with the complaint, the court should inform the defendant about their Montenegro Process Service obligation, required contents of the response to the complaint, and consequences of not responding to the complaint within the set deadline per Montenegro Process Service.

In response to the complaint, the defendant should state possible procedural objections to Montenegro Process Service and make a statement as to whether they accept or contest the claim put forth in the complaint and indicate all other information that every written pleading shall contain. If the statement of claims is contested by the defendant, response to the complaint shall also contain facts on which their position is grounded and evidence corroborating those Montenegro Process Service facts.

There will be no delivery if there is no legal representation or agent on hand, thus the delivery will be made to that person.  It is sufficient if the party has more than one representative or agent to send the Montenegro Process Service document to.

Additionally, Montenegro Process Service can be done by providing papers to the lawyer who serves as the agent, one may fulfill the requirements of service.  Daily from 7:00 a.m. to 8:00 p.m., delivery will be made to the residence or business address provided. Montenegro Process Service delivery may also be made at the recipient’s workplace or in court if the recipient is present.

Legal remedies must be provided to the party in person or to their legal representative or agent against which interlocutory appeal is possible for Montenegro Process Service. The remaining writs must be personally delivered. Delivery must be made in person, and if the recipient can’t be found, the deliverer must inquire about where and when they can be found, and leave a written notice informing the recipient that they must be in their residence or workplace at a specific time and date to receive the writ.

Deliveries to the individual’s workplace may be made to someone else in the office if they are willing to take them, provided that the person is not in the office. If the person to whom the writ is to be sent is a party to a lawsuit, the writ cannot be delivered to that person. In accordance with the terms of this Article, writs must be delivered to the intended recipient as quickly as practicable.

The deliverer must leave the writ at the residence or business premises where the person in question works, or he or she must post the writ on the door of the residence or business premises if the person refuses to receive it without any legally justifiable cause. When a writ is left in a location where it may be found, the writ is held to have been served on the person who left it.

If the intended recipient cannot be located at their address, the writ is returned to the sender. Any adult home member who agrees to receive this summons must be served with it. If no adult household members can be located, then the summons is served on an agreeable neighbor. As a result, the transaction has been completed.

HOW TO SERVE INTERNATIONAL legal PAPERS IN MONTENEGRO

As of November 15, 1965, there is a multilateral treaty called the Convention on the Delivery of Judicial and Extrajudicial Documents in Civil or Commercial Matters. In the event that a document is to be sent from one State Party to another for service in the other, it specifies which channels of transmission should be employed. With the Hague Service Convention, there is an official transmission channel and various alternate routes for broadcast.

The EU Service Regulation governs the transfer of court papers from one EU member state to another (including the UK until 11.00 pm UK time on 31 December 2020). Prior to the passage of EU law, all EU member states except Austria and Malta signed the Hague Service Convention. After Austria signed the Convention, Malta has subsequently acceded to it. 

Following the completion of the transition phase, the Hague Service Convention will continue to regulate most requests for service between the United Kingdom and EU member states, since the UK is a contracting party to the convention in its own right. Montenegro’s admission to the European Union is currently on the EU’s horizon. In November 2005, Serbia and Montenegro began the process of gaining EU membership by signing a Stabilization and Association Agreement with the European Union. It was in 2006 when Montenegro’s parliament proclaimed its independence from the State Union of Serbia and Montenegro. The new nation sought to join the EU in 2008.

For Montenegro’s bid to be awarded candidate status, the Commission identified seven main goals that needed to be achieved before discussions could begin in 2010, and the Council provided a favorable view in the same year. The Council began the process of admission in December 2011, with the goal of starting discussions in June 2012.

In the case of a civil or commercial dispute,  the address of the person to be served is known, and the document to be served pertains in accordance with Montenegro Process Service. The Convention is exclusive, which implies that the transmission channels specified in the Convention must be used if certain conditions are satisfied. When discussing the need for the transmission to another Contracting Party, it is indeed vital to recall that the law of the forum will ultimately establish whether or not this is required.

The Central Authority of the Contracting Party where service is to be performed receives a request for service from a competent authority or judicial officer in one Contracting Party through the Convention’s primary route of transmission. The request must adhere to the Convention’s Model Form.

It is the responsibility of the Central Authority of the requesting Contracting Party to make arrangements for the Montenegro Process Service document to be served or delivered by a competent authority in accordance with its own legal provisions. A method or Montenegro Process Service may be requested by the applicant (i.e. the sending authority of the requesting Contracting Party), as long as it is not in conflict with the legislation of the requested Contracting Party.

Last but not least, the authority responsible for carrying out the request must complete the certificate that is affixed to the Convention and state whether or not Montenegro Process Service was provided.

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Sources

1. A ‘civic, democratic, ecological state of social justice built on the rule of law’ is how Montenegro is described in its constitution.

2. Miloukanovi, the President of Montenegro.

3. For every 6,000 people who cast ballots, one representative is chosen. 

4. If the individual to whom the writ is addressed cannot be located, the writ is void. Delivery of the writ must be made to any adult home member who is legally obligated to take it; in the absence of an adult household member to accept it, delivery should be made to the next adult household member who agrees to receive it. As a result, the transaction has been completed.

5. The deliverer must leave the writ at the residence or business premises where the person in question works, or he or she must post the writ on the door of the residence or business premises if the person refuses to receive it without any legally justifiable cause. When a writ is left in a location where it may be found, the writ is held to have been served on the person who left it.

6. It is possible to deliver a package to someone else in the office if they are willing to receive it if the person who needs it is unavailable.

If the person to whom the writ is to be sent is a party to a lawsuit, the writ cannot be delivered to that person.

In accordance with the terms of this Article, writs must be delivered to the intended recipient as quickly as practicable.

7. On June 29, 2012, talks to include Montenegro in the EU began.

A total of 33 screening chapters have been opened, with the exception of three that have been temporarily closed.

8. Forwarding authorities

(Art. 3(1)):

Ministry of Justice, Human and Minority Rights of Montenegro

Methods of service

(Art. 5(1)(2)):

Incoming requests are executed by Basic Court according to the rules of the Law on Civil Procedure.

Translation requirements

(Art. 5(3)):

Translation of the official language of requested documents is obligatory.

Costs relating to the execution of the request for service

(Art. 12):

No costs.

Time for execution of request:

Time is not limited.

Judicial officers, officials, or other competent persons

(Art. 10(b)) Court officials.

9. Address:

Vuka Karadžića, 3, Podgorica, Montenegro

Telephone:

382-20-407-510

Fax: +382-20-407-566

E-mail:

dara.tomcic@mpa.gov.me

General website:

https://mpa.gov.me/ministarstvo

Contact person:

Dara Tomčić

Languages are spoken by staff:

Montenegrin, English

10. U.S. Embassy Podgorica

Dzona Dzeksona 2

81000 Podgorica

Montenegro

Telephone: +(382)(20) 410-500

Email: PodgoricaACS@state.gov

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