Legal framework

The legal framework for the representation of the Republic of Serbia before the European Court of Human Rights and the legal position of the representative is regulated by the provisions of the Law on the Attorney General's Office (link to the law here) and the provisions of the Rulebook on the internal organization and systematization of workplaces in the State Attorney's Office (link to the Rulebook here).

A) Law on Legal Advocacy ("Official Gazette of RS", No. 55/2014)

Article 13 of the Law on Legal Advocacy prescribes:

  • that the State Attorney's Office represents the Republic of Serbia before the European Court of Human Rights in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and additional protocols to this Convention (paragraph 1);
  • that the representation duties referred to in paragraph 1 of this article are performed by the deputy state attorney who is also appointed as the representative of the Republic of Serbia before the European Court of Human Rights (paragraph 2);
  • that communication between the Republic of Serbia and the European Court of Human Rights takes place through the representative from paragraph 2 of this article;
  • that the representative can conclude a settlement with the parties participating in the proceedings before the European Court of Human Rights, with the prior consent of the authority whose acts led to the proceedings before the European Court of Human Rights and that the settlement is concluded in writing;
  • that the payment of the amount agreed upon in the settlement or indicated in the judgment of the European Court of Human Rights is made from the funds of the authorities of the Republic of Serbia whose acts caused the violation of human rights (paragraph 5).

Other relevant provisions of the Law on the Attorney General's Office, which directly refer to proceedings before the European Court, stipulate that if the State Attorney's Office in connection with the proceedings before the European Court
court for human rights, assesses that the domestic regulation is not in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms, will inform the competent state authorities about the need to harmonize the regulations (Article 16).

B)Rulebook on internal organization and systematization of workplaces in the State Attorney's Office (hereinafter: Rulebook)

The Rulebook provides detailed information on the duties of representing the Republic of Serbia before the European Court of Human Rights, which are performed within the Department of the Attorney General, and describes the duties of the Deputy State Attorney - the representative of the Republic of Serbia before the European Court.

Article 8 of the Rulebook stipulates that the Department for the Representation of the RS before the ECtHR:

  • perform all tasks related to the representation of the Republic of Serbia before the European Court;
  • prepare and send submissions to the European Court;
  • communicates with domestic authorities in connection with the preparation of submissions;
  • make friendly settlements and make unilateral declarations;
  • intervenes in proceedings before the European Court against other states;
  • monitors and analyzes the practice of the European Court;
  • the law on the execution of judgments and decisions of the European Court;
  • old about timely payment of compensation according to decisions, i.e. judgments of the European Court;
  • old about taking individual and general measures according to the judgments of the European Court;
  • prepare Action Plans and Action Reports for the Committee of Ministers of the Council of Europe;
  • communicates with competent domestic authorities and the Committee of Ministers regarding the execution of judgments;
  • initiates harmonization of domestic regulations and domestic practice with international agreements and other international legal acts in this area;
  • publishes reports related to the European Court.

It is also foreseen that preventive measures will be undertaken within the Department in order to raise awareness of the need to respect human rights guaranteed by the European Convention on the Protection of Human Rights and Fundamental Freedoms.

Finally, participation in discussions before the European Court and in the meetings of the Committee of Ministers of the Council of Europe, as well as participation in all working bodies of the Council of Europe concerning the work and reform of the European Court, is foreseen.

The Department also performs other work related to the representation of the Republic of Serbia before the European Court

Article 18 point 8) of the Rulebook stipulates that the deputy state ombudsman - the representative of the Republic of Serbia before the European Court of Human Rights performs the following tasks:

  • manages the Department, plans, directs and supervises the work and performs the most complex tasks within the scope of the Department;
  • represents the Republic of Serbia before the European Court of Human Rights and in the bodies of the Council of Europe relevant to the work of the European Court of Human Rights;
  • decides in which cases the Republic of Serbia will intervene in the proceedings before the European Court of Human Rights, decides on referral of requests to the Grand Chamber, makes settlements and makes unilateral declarations, analyzes the practice of the European Court of Human Rights in order to harmonize national legislation and practice with the European Convention on Human Rights rights and basic freedoms;
  • takes care of the execution of judgments of the European Court for Human Rights and represents the Republic of Serbia at meetings of the Committee of Ministers of the Council of Europe - Department for the Execution of Judgments of the European Court of Human Rights;
  • participates in meetings of working bodies of the Council of Europe;
  • participates in seminars and conferences related to human rights;
  • prepares reports for the Government on the work of representatives;
  • performs other duties as ordered by the Ombudsman.