Complaining to the Ombudsman in Montenegro 2026: the new law from 17 September, who can complain, the six-month deadline, what a complaint contains and what the Ombudsman can do

Montenegro's new Act on the Protector of Human Rights and Freedoms has applied since 17 September 2026 and replaced the 2011 law. Anyone who believes a public body has violated their rights can turn to the Protector, known as the Ombudsman: a state body, a municipality, a public institution such as a hospital or school, a public company or a firm with public powers. You file the complaint within six months of learning of the violation, and no later than one year after it happened, in writing or orally on record. The Ombudsman cannot overturn a body's decision, but issues an opinion and a recommendation with a deadline, and a body that fails to report on how it complied pays a fine of 500 to 2,000 euros.

This guide explains when you can turn to the Ombudsman, how to file a complaint, when the Ombudsman will not act, what the Ombudsman can do and how to reach the office.

When can you turn to the Ombudsman?

• The Ombudsman acts when your rights have been violated by an act, action or failure to act of a state body, a state administration body, a municipality, a public institution or service, a holder of public powers or a company majority-owned by the state or a municipality.
• The law specifically protects the right to good administration: to get an answer to a submission, to be heard before a decision, to see your own file, to have your request decided within a reasonable time and to receive a reasoned decision.
• In discrimination cases the Ombudsman also acts against companies and individuals in the private sector, with the consent of the person discriminated against.
• You can complain to the Ombudsman about the courts only for delays in proceedings and failure to enforce court decisions.
• The Ombudsman has four deputies, for good administration and the judiciary, for torture prevention, for children's rights and for protection against discrimination, the rights of persons with disabilities, minorities and gender equality.

How do you file a complaint?

• You file the complaint in writing, on the form on the Ombudsman's website or in free form, or orally on record, and you can also file it through a member of parliament or a human rights organisation.
• The complaint states the body you are complaining about, a description of the violation, facts and evidence, the legal remedies you have already used, your name and address and whether you agree to your name being disclosed in the procedure.
• If something is missing, the Ombudsman asks you to complete the complaint within a set deadline, and if you do not, the complaint is treated as withdrawn.
• Exceptionally, the Ombudsman acts after the deadline if the importance of the case requires it or if the violation and its consequences are still ongoing.
• A child can file a complaint on their own and has the right to speak to the Ombudsman without their parents, and a person deprived of liberty sends the complaint in a sealed envelope that the institution forwards unopened.
• The procedure is confidential, and you may not be held liable or put at a disadvantage for complaining.
• The Ombudsman's website notes that a complaint does not stop the deadlines for an appeal, a lawsuit or other legal remedies, so do not miss those deadlines.

When will the Ombudsman not act?

• The Ombudsman does not act if it lacks jurisdiction, if a final court decision exists on the same matter, or if the complaint is anonymous or filed after the deadline.
• Nor does it act on a repeated complaint without new evidence, or when a complaint is an obvious abuse, for example offensive or knowingly based on false facts.
• The Ombudsman stops the procedure if you start court proceedings in the meantime, if the body remedies the violation or if you withdraw the complaint.
• The Ombudsman can refer you to another legal remedy if your right can be protected faster that way.
• When it does not act, the Ombudsman explains the reasons and points out where else you can seek protection.

What can the Ombudsman do?

• Once it opens an investigation, the Ombudsman asks the head of the body for a statement and documents within a deadline of at least 15 days.
• The body must provide all data regardless of classification level and allow access to files, premises and people.
• When the violation is clear from the complaint and public documents, the Ombudsman decides in a shortened procedure.
• At the end the Ombudsman gives an opinion and, when it finds a violation, a recommendation with measures and a deadline for carrying them out.
• If the body does not follow the recommendation or does not report back, the Ombudsman can inform the higher body, submit a special report to Parliament, inform the public or start misdemeanour proceedings.
• The Ombudsman cannot change or annul a body's acts, nor represent you, except in discrimination cases governed by a separate law.

What are the fines for a body that does not cooperate?

• The fine applies if a body withholds data, does not allow access to files, premises or people, or does not report on carrying out a recommendation on time.
• Complaints filed before 17 September 2026 are completed under the old law, and the current Ombudsman and deputies stay until the end of their terms.

The Ombudsman's office is in Podgorica, at Ulica Svetlane Kane Radević 3, and receives visitors from Monday to Friday from 10:00 to 13:00. The phone number is +382 20 241 642 and the email address is ombudsman@t-com.me.

If you need a lawyer free of charge, our guide to free legal aid explains it, and lawyers' prices are covered in our guide to lawyer fees. Violence at home is described in our guide to domestic violence protection, and harassment at work in our guide to workplace mobbing.

Frequently asked questions

How do I file a complaint with the Ombudsman in Montenegro? In writing, on the form on the Ombudsman's website or in free form, or orally on record at the office in Podgorica, and also through a member of parliament or a human rights organisation.

What is the deadline for a complaint to the Ombudsman? Six months from the day you learned of the violation, and no later than one year from the day it happened, unless the importance of the case requires an exception.

Do I pay for the Ombudsman procedure? No, the Ombudsman's website states that the procedure is free of charge and confidential.

Can the Ombudsman overturn a decision of a municipality or ministry? No, the Ombudsman does not change or annul acts, but gives a recommendation with a deadline and can start misdemeanour proceedings against a body that does not report back.

Can I complain to the Ombudsman about a court? Only about delays in court proceedings and failure to enforce court decisions, not about the content of a judgment.

Where is the Ombudsman's office? In Podgorica, at Ulica Svetlane Kane Radević 3, receiving visitors on working days from 10:00 to 13:00, phone +382 20 241 642.

Sources

Jurisdiction, the right to good administration, the complaint procedure, deadlines and fines are set by the Act on the Protector of Human Rights and Freedoms of Montenegro (Official Gazette 132/2026, Articles 2, 13, 24 to 26, 32, 50 to 67, 95, 99 and 103). The complaint form, contact details, office hours and the note on the free procedure and deadlines are published on the Ombudsman's page on filing complaints. The information was checked on 27 September 2026. Fijaka is a classifieds platform; this text is not legal advice.