Reforme sistema izvršenja u državama regiona. Konceptualne sličnosti i razlike, kontroverze i dileme
Reform of the Enforcement System in the Countries of the Region. Conceptual Similarities,Differences, Controversies and Dilemmas

Author(s): Tatjana Zoroska-Kamilovska
Subject(s): Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Enforcement;Reform of enforcement systems;Structure of enforcement;Court;Bailiff;Enforcement procedure;Control mechanism of enforcement procedure;
Summary/Abstract: This article focuses on the currently most relevant topic in the field of civil protection of rights in the states of the region. After being marginalized for several decades, the issue of civil enforcement in the past years climbed to the top of the list of priorities in legal and political reforms of the judiciary in the countries of the region. This paper analyzes the reforms that were implemented or are being implemented in the states of the region, while at the same time focuses on the few issues that have sparked the biggest dilemmas and controversies in the scientific and expert community: which organizational structures should be entrusted with the enforcement, how to reform the process in terms of functionality and what kind of control mechanism to prescribe in the enforcement procedure? The questions are processed through the standards for enforcement formulated in the European context, as well as through comparative examples of good practice in this area. As for many other issues, the paper shows that the legal implants in this area are irrational and counterproductive. The success of one enforcement model achieved in one country does not necessarily guarantee its success in other countries, even in the case of countries that have decade long shared law policy and procedural tradition.

• Details
• Contents