The Right to Respect for Private and Family Life and Search as an Evidentiary Action in Criminal Procedure Legislation of Serbia - Compliance With the European Standards
The Right to Respect for Private and Family Life and Search as an Evidentiary Action in Criminal Procedure Legislation of Serbia - Compliance With the European Standards

Author(s): Dragana Čvorović, Vince Vári
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Right to respect for private and family life; Search of the apartment and persons; Court; European standards;
Summary/Abstract: Contemporary, democratic states strive to achieve the principles of the rule of law, respect for international legal standards, but they also aim to reform normative framework to increase the degree to which legal solutions comply with the tendencies that are present in contemporary criminal procedural legislation and generally accepted standards in the field of human rights. On the way to improving human rights, Serbia has taken significant steps forward by reforming legal texts, adopting strategic documents, and increasing the degree of conformity of the normative framework with the legal acquis of the European Union, and with the jurisprudence of the European Court, which from decision to decision expands the subject of the protection of certain rights, especially the right to protection of one’s private and family life. Accordingly, it is necessary, through expert and critical analysis and versatility of consideration, to look at the adequacy of the normative development of international standard limitations through the evidentiary act of search in the criminal procedural legislation of Serbia. It is also necessary to examine the degree of conformity of normative solutions with European standards and make proposals with the aim of eliminating the perceived shortcomings. The authors will look at the international legal standard in question from four different angles, based on the importance and scope of the issue at hand: first, some general thoughts, second, the European Court and the right to respect for private and family life, third, how the international legal standard is limited in Serbian criminal law when it comes to searches of people and their apartments; and finally, some final thoughts.

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