Srbija pred Evropskim sudom za ljudska prava
Serbia before the European Court of Human Rights

Author(s): Vladan Joksimović
Subject(s): Law, Constitution, Jurisprudence, Media studies, Constitutional Law, Human Rights and Humanitarian Law, Public Law, Law on Economics, EU-Legislation
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; Constitutional Court; ECHR; media; custody; media; freedom of expression; economy; judiciary; practice; Republic of Serbia;
Summary/Abstract: Republic of Serbia has ratified the European Convention on Human Rights in 2004, as a part, at that time, of the State Union Serbia and Montenegro. After the dissolution of the State Union in 2006, Republic of Serbia, as the successor, has continued being a member of the Council of Europe and the party of the Convention. By the end of November 2010, the European Court of Human Rights has delivered 47 judgements in cases against Serbia. In only 3 of them, were found no violations of the Convention. In all other cases at least one Convention right was violated. Regarding the number of applications pending before the Court Serbia is very high on the list, somewhere around 10th place. Statistically speaking, the number of applications compared with the number of citizens (including Kosovo), gives Serbia index of 1, 60. It is not very easy to make a logical and comprehensive overview of the judgments against Serbia. However, the issues mentioned in the judgments, which are more or less problematic in the Serbian legal system are the following: fair trial and length of proceedings, detention issues, freedom of expression and enforcement of national judicial and administrative decisions (including the issue of socially owned companies and labour related benefits).

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