Security for costs in the 1982 PIL Act: The responsibility of the state for discrimination?

Abstract

The prohibition of discrimination and the right of access to justice are guaranteed by several international treaties and the national legislation in force in the Republic of Serbia. In terms of Private International Law, it could be questioned whether the duty of foreign nationals to provide the security for costs (cautio judicatum solvi) when initiating a lawsuit still adequately protects the defendant. In that respect, the issue of possible breach of the Serbian Constitution by Article 82 of the 1982 PIL Act arises. Consequently, depending on the response to this issue, there is a general concern about the responsibility for discrimination, which calls for urgent amendment of the relevant provision stipulated in the 1982 PIL Act.