Montenegro is one of the most modern countries in Europe when it comes to justice, arbitration being recognized as a means of settling disputes since the 90’ies. Arbitration is one of the preferred ways of resolving disputes at an international level, including in the European Union. Even if Montenegro is not an EU member at this moment, it has harmonized some of the EU regulations in its national legislation.
In debt collection cases in Montenegro, dealing with international debtors or foreign claimants seeking to recover debts from Montenegrin bad payers is not uncommon, which is why the enforcement of EU court decisions is possible.
Below, our debt collection lawyers in Montenegro explain how EU court decisions are recognized and how they can be enforced in this country. We can also assist in debt collection and enforcement of debt recovery orders in Montenegro.
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The Montenegro Law on Enforcement and Security
In 2011, the Montenegrin government enacted the Law on Enforcement and Security which provides for the recognition and enforcement of foreign judgments, including orders issued by EU courts. It is important to note that the law covers both civil and criminal cases. In order for the enforcement of EU orders to be completed in a fair manner, the government also created the Law on Public Bailiffs which has the role of ensuring the enforcement of a foreign judgment is completed in accordance with the local and international regulations. The same law provides for the profession of public bailiffs in Montenegro.
It is important to note that the recognition of EU court decisions is based on reciprocity, meaning that a decision issued by a Montenegro court should also be recognized in an EU court. Also, in order to become enforceable, the EU court decision must comply with the public order imposed in Montenegro.
Debt collection cases in Montenegro are tried by civil courts and the recognition and enforcement of an EU court order are available here. The enforcement of a local or EU court order in a debt collection case is enforced by a public bailiff in Montenegro.
Decisions of EU courts in Montenegro
When it comes to debt collection completed on behalf of a foreign claimant, it is possible for the case to be tried in the claimant home country or in Montenegro. Where the case was tried in an EU state and the plaintiff or defendant is a Montenegrin resident or citizen, the following decisions issued by EU courts can be recognized in Montenegro:
- judgments issued by EU courts can be recognized by the Montenegrin court of law;
- rulings and rulings related to the payment of a debt can be recognized in Montenegro;
- rulings related to securing a claim can also be recognized by the Montenegrin court of law;
- arbitration decisions ruled in EU courts can also be recognized in Montenegrin courts;
- court settlements can also be recognized by Montenegro courts of law if they were reached in the EU court and not outside it.
It is also important to notice that Montenegro courts can recognize EU court decisions issued in favor of administrative bodies, private companies, public authorities, and other legal entities. In the case of debt recovery, debt collection agencies have the right of asking for an EU court decision to be recognized in Montenegro.
Our debt collection lawyers in Montenegro can help with the recognition and enforcement of an EU court order. We remind you that we also provide assistance in debt collection in Montenegro.
EU court documents recognized by Montenegro courts
The recognition of an EU court decision in Montenegro is based on a set of documents, among which:
- a court decision or settlement which can be enforced in Montenegro must be submitted;
- a court decision or settlement which can be enforced under separate laws can be recognized in Montenegro;
- a notarial document which is enforceable by means of international laws, but which can also be enforced in the country in which it was issued;
- in debt collection cases, mortgage documents can be used with respect to the recognition of an EU court order;
- other documents can also be recognized by Montenegro courts based on reciprocity or separate international agreements with EU countries.
It is important to note that in order to be recognized in Montenegro, an EU court decision must be non-appealable. Also, the limitation period for voluntary fulfillment of the obligation of the judgment has ended. This also applies to debt collection cases in Montenegro.
If you need more information on howEU court orders can be recognized in Montenegro, do not hesitate to contact us. Our debt collection lawyers in Montenegro can also provide assistance in debt recovery cases.