A special regime for the protection of the right to respect for home is provided with the Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. With ratification of this Convention, the Republic of Serbia has undertaken the obligation to respect and effectively implement the rights guaranteed by the European Convention as a "minimum European standard". The role of the European Court of Human Rights in defining and determining the scope of basic human rights, so the right to respect for home too, is reflected in its rich practice, which greatly affects national legal systems. Thus, the European Court in its practice has defined the principles and criteria for providing protection of the right to respect for home. To monitor the used instruments for protection of the right to respect for home in the domestic legal order and their harmonization with European standards of protection, it is necessary to analyze the practice of the Constitutional Court of the Republic of Serbia, through which is reflected practice of regular courts as well. Considering that in the practice of the highest courts in our country, as well as in the practice of the Constitutional Court, the right to respect for home has been recognized recently, the lack of numerous theoretical discussions and practical analyzes of prominent controversial issues indicates the relevance of this topic about we write about.
The Constitution of the Republic of Serbia explicitly regulates that free legal aid shall be stipulated by the law. In a series of reports on the progress of the Republic of Serbia in the process of joining the EU, there are warnings about the unacceptably low quality level and efficiency of the judiciary, and indications that there is a need to regulate the legal aid system. Finally, this matter was regulated by enacting the Legal Aid Act of the Republic of Serbia, which came into force on 1st October 2019. In addition to the conceptual definition of legal aid, the paper analyzes the right of access to court as a constituent element of the right to a fair trial prescribed in Article 6 of the European Convention on Human Rights, which entails the right to legal aid. The regulation of legal aid at the national level has to meet the standards formulated at the European Union level as well as the standards formulated through the practice of the European Court of Human Rights. In that context, the paper analyzes the regulations and decisions, i.e. the widely recognized and accepted standards. The Legal Aid Act of the Republic of Serbia has been analyzed in the context of meeting these standards, especially in relation to the conditions for granting the right to legal aid and the circle of beneficiaries and providers of certain types of legal aid.
The subject of the paper is an analysis of the practice of the European Court of Human Rights, which refers to the right to respect for home proscribed by Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, in respect to criteria of proportionality. Considering that analysis of reference decisions is key to understanding the disputed issues that arise from this topic, in this paper we will deal with the specific cases in a limited scope, that would indicate the reasons for the change of the Court's position in respect to proportionality criteria. From the position expressed in a large number of earlier decisions that it is necessary to carry out a test of proportionality of state interference in the right to respect for home, to the latter position expressed and explained in a more recent decision that there is no need to examine proportionality, we will follow the genesis of the proportionality criteria in cases of forced eviction of applicants from premises which represent their home.
The paper deals with the right to free legal aid for victims of gender-based violence in the Republic of Serbia. The Law on Free Legal Aid entered into force in November 2019, and after two and a half years, there are certain shortcomings in the implementation visible in practice. The paper is divided into several parts, and the authors explain the background of the research in the introductory considerations, emphasizing the key legal provisions that were the subject of the research, after which the main part of the paper presents the results of the research conducted in the first quarter of 2022. The questionnaire sent to lawyers contained 22 questions, with a focus on providing free legal aid to victims of gender-based violence, for the period since November 1, 2019. The results show that the legal framework, but also the practice of providing free legal aid by local governments, is not at a satisfactory level.
In domestic civil procedural law, the legal nature of legal remedies, the reasons for legal security, as well as need for providing judicial protection within a reasonable time have led to rationalization of the legal remedy system through multiple restrictions. The paper highlights these restrictions regarding their number, contestable decisions, deadlines within which they can be declared, the circle of persons authorized to file them, the scope of rebuttal, reasons for filing, etc. The characteristics of legal remedies, as well as the assumptions for their declaration are analyzed in this paper, considering that these characteristics and assumption represent the basis for formulating different criteria according to which numerous classifications of legal remedies have been made, which also have practical and doctrinal importance. While the general characteristics of legal remedies derive from their legal nature, the Civil Procedure Act regulates the specific characteristics of each envisaged legal remedy. The analysis of the characteristics of remedies is deepened by monitoring the procedural position of the intervener in the stages of the procedure initiated with filing of regular and extraordinary remedies. In this context, certain controversial issues have been identified to which theory and practice have not answered, or on which they have not taken a unified position.
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