ПРИНУДНО ИСЕЉЕЊЕ И РАСЕЉАВАЊЕ – УПРАВНО-ПРАВНИ АСПЕКТИ
FORCED EVICTIONS AND DISPLACEMENTS – ADMINISTRATIVE LAW ASPECTS

Summary/Abstract: In this paper the issues of forced eviction and displacement are analyzed, primarily from the standpoint of administrative law. The author explains the process of forced evictions that have been carried out under the Housing Act and the process of displacement of informal settlements that have been conducted on the basis of both the Law on Planning and Construction and the Law on Communal Activities. Corresponding legal provisions are illustrated by examples from administrative practice and jurisprudence. The author argues that the issues of forced eviction and displacement share a commonality in that the addressees of administrative acts are, as a rule, members of vulnerable social groups who are excluded from basic social trends and who have limited access to basic human rights. Furthermore, in both situations, provisions of the Administrative Procedure Act are implemented as being subsidiary. The author concludes that the complexity, importance, and delicacy of the above questions, as well as the obvious insufficiency of the existing legal framework, indicate the need for the enactment of a special law that would regulate a process of forced evictions and displacements in greater detail.

• Details
• Contents