Publication: Mapping the Way through the Court and Enforcement Procedures in Serbia
Loading...
Published
2014-12
ISSN
Date
2015-02-26
Author(s)
Editor(s)
Abstract
This report complements the Serbia Judicial Functional Review, which assesses the current functioning of the broader judicial system in Serbia and outlines options and recommendations to inform Serbia s ongoing and planned justice reform initiatives in the view of EU accession.1 The aim of this report, however, is to illustrate the steps court users take in order to protect their interests through procedures carried out by courts or bailiffs. The focus is on the difference between the procedure on the books and actual practice. The report analyses these differences in specific types of cases, which had been identified by stakeholders as potentially challenging for those seeking justice:: (1) cases of domestic violence processed by criminal courts, both under the Criminal Procedure Code that was in force from 2001 to 30 September 2013 and under the Criminal Procedure Code which entered into force on 1 October 2013; (2) divorce proceedings, primarily those initiated by alleged victims of domestic violence, together with separate procedures that apply to requests for protective interim measures; (3) cases where one party requests eviction, including both civil proceedings carried out in accordance with the Civil Procedure Code and enforcement proceedings that might follow such proceedings; (4) special enforcement proceedings for settlement of claims in the area of utilities and similar services, which are, after the adoption of the 2011 Act on Enforcement and Security, carried out exclusively by private bailiffs, introduced by this Act. Although the research focused on the functioning of the judicial system in those types of cases, some of its findings inevitably apply to criminal and civil proceedings in general, as well as to certain enforcement proceedings.
Link to Data Set
Citation
“World Bank. 2014. Mapping the Way through the Court and Enforcement Procedures in Serbia. © http://hdl.handle.net/10986/21510 License: CC BY 3.0 IGO.”
Digital Object Identifier
Associated URLs
Associated content
Other publications in this report series
Journal
Journal Volume
Journal Issue
Collections
Related items
Showing items related by metadata.
Publication Romania Judicial Functional Review(Washington, DC, 2013-03)This review is one of a series of functional reviews commissioned by the Government of Romania (GOR), funded by the European Union, and carried out by the World Bank. It is an element agreed on by the European Union and the Government as part of the post-accession Cooperation and Verification Mechanism (CVM) established to assess further need for reform in the judicial system and to suggest reforms that would ensure Romania's full integration into the European Union system. The objective of the review is to analyze the functioning of institutions of the judicial system in Romania with a view to providing analytical and advisory input to the Romanian authorities as they formulate an action program to improve the performance of the judicial system. The present report covers a large part of Romania's judicial system, a term used here with broad scope. In accord with the terms of reference (appendix one), in addition to the courts, the review covers the Ministry of Justice, focusing on those functions most directly related to the judiciary and to the Public Ministry (PM), the PM itself, and a range of independent legal professionals whose work complements and in some cases replaces that of judges and prosecutors. Within the judiciary, aside from the ordinary courts, the review also addressed the operations of the Superior Council of Magistracy, the Judicial Inspectorate, and the High Court of Cassation and Justice, all of which operate quasi-independently. They have their own budgets and administrative structures, although are still governed by laws on staffing set by Parliament and staffing levels approved by the cabinet. Within the PM, the team also looked at the quasi-independent National Anti-Corruption Directorate.Publication Uses and Users of Justice in Africa : The Case of Ghana's Specialised Courts(World Bank, 2010-07-01)This research project involves the tracking of the progress of cases in Ghana's specialized courts. It seeks to provide data that are not usually available for a scientific assessment of the performance of the courts in Ghana. The project, therefore, captures information on the persons and institutions who use the courts in Ghana; what these claimants come to court for; the difficulties they encounter in the process; and the value added by recent court reforms in resolving these problems. Further analysis of this information is then used to make specific and targeted recommendations for improving overall adjudicatory effectiveness. The project is similar to other World Bank studies in many respects. It is premised on a general belief that, almost everywhere, courts struggle to deliver quick, effective, accessible, and efficient justice. The huge disconnect between intention and reality is due to a number of factors, namely, the cost of litigation-an issue which bears directly on access to justice; unprecedented delays in case processing; real and perceived corruption within the courts and increasing uncertainty associated with judges' rulings. Delays, generally defined as unreasonable time spent from case filing and processing to case disposition, stand out amongst the list of problems. There is, therefore, a recognized challenge that the judicial sector in Ghana is currently incapable of providing speedy justice, a critical ingredient for public and investor confidence in the justice system.Publication Serbia(World Bank, Washington, DC, 2015-02-09)This report aims at identifying the particular needs and constraints faced by the poorest women and men when accessing the judicial system. Similarly to the Judicial Functional Review,6 the scope of this report focuses primarily on the courts because they are the main vehicle for justice service delivery and the primary institutions of justice in Serbia. The scope includes all types of services and covers litigious and non-litigious aspects of civil, commercial, administrative, and criminal justice. The focus is on the actual implementation and day-to-day functioning of the sector institutions that deliver justice to people, rather than the law on the books . The scope includes other institutions in the sector to the extent that they enable or impede service delivery by the courts, including: the Ministry of Justice (MOJ), the High Judicial Council (HJC), the State Prosecutorial Council (SPC), the courts, the Public Prosecutor Offices (PPOs), the Judicial Academy, the Ombudsperson s Office, the police, prisons, and justice sector professional organizations (such as the Bar, notaries, bailiffs, and mediators). The focus of this report is on access to justice services, including relevant financial, informational, and geographic barriers to such access.Publication Commercial Court and Enforcement Assessment Tool(World Bank, Washington, DC, 2016-03-01)An effective and efficient justice system is essential for sustained economic growth. In a well-functioning, independent, and efficient justice system, decisions are taken within a reasonable time and are predictably and effectively enforced, and individual rights, including property rights, are adequately protected. Among other objectives, the efficiency of the judicial system is important for creating a good business climate, attracting foreign direct investment, securing tax revenues, and supporting economic growth. Research has shown that weak contract enforcement, for example, raises the cost of borrowing and shortens loan maturities, with a resulting negative effect on investment and GDP. Weak court enforcement systems have also been linked to late payments, which can lead to liquidity issues for companies and increase insolvency. Since the publication of the World Bank’s World Development Report 2005, the importance of well-functioning courts to strengthening the investment climate and ultimately to reducing poverty and boosting shared prosperity has been brought to the forefront and become internationally recognized. Indicators of commercial court performance, and business community perceptions of and trust in the courts, are a part of the World Bank Group’s (WBG) country-level investment climate assessments and its influential Investment Climate Surveys and Doing Business reports. Court performance has also become an element of European Union (EU) and Organization for Economic Co-operation and Development (OECD) accession. Helping countries to improve commercial court operations and ensure improved accessibility and effective delivery of services are important components of the development assistance provided by the WBG. The Commercial Court and Enforcement Assessment Tool has been designed to assist assessment teams and client agencies in this effort.Publication The Hybrid Courts of Melanesia : A Comparative Analysis of Village Courts of Papua New Guinea, Island Courts of Vanuatu, and Local Courts of Solomon Islands(World Bank, Washington, DC, 2010-01)This paper examines three systems of courts of justice, each in a different country in the region of South Pacific islands known as Melanesia, where state legal systems have been adopted from former European colonial governments. The systems discussed are, by comparison, 'hybrid', each of them having been established with the intention of addressing disputes among small-scale social groups by less formal means or by taking greater heed of customary forms of dispute resolution. The paper applies a comparative analysis of these systems, covering their distinct history and the variances in structure, funding, personnel and jurisdictional coverage that impact on their effectiveness as state-sanctioned courts. Conclusions are offered with observations about the strengths and weaknesses of these hybrid systems and their potential for development as instruments of community-owned justice in Melanesia.
Users also downloaded
Showing related downloaded files
Publication Classroom Assessment to Support Foundational Literacy(Washington, DC: World Bank, 2025-03-21)This document focuses primarily on how classroom assessment activities can measure students’ literacy skills as they progress along a learning trajectory towards reading fluently and with comprehension by the end of primary school grades. The document addresses considerations regarding the design and implementation of early grade reading classroom assessment, provides examples of assessment activities from a variety of countries and contexts, and discusses the importance of incorporating classroom assessment practices into teacher training and professional development opportunities for teachers. The structure of the document is as follows. The first section presents definitions and addresses basic questions on classroom assessment. Section 2 covers the intersection between assessment and early grade reading by discussing how learning assessment can measure early grade reading skills following the reading learning trajectory. Section 3 compares some of the most common early grade literacy assessment tools with respect to the early grade reading skills and developmental phases. Section 4 of the document addresses teacher training considerations in developing, scoring, and using early grade reading assessment. Additional issues in assessing reading skills in the classroom and using assessment results to improve teaching and learning are reviewed in section 5. Throughout the document, country cases are presented to demonstrate how assessment activities can be implemented in the classroom in different contexts.Publication Argentina Country Climate and Development Report(World Bank, Washington, DC, 2022-11)The Argentina Country Climate and Development Report (CCDR) explores opportunities and identifies trade-offs for aligning Argentina’s growth and poverty reduction policies with its commitments on, and its ability to withstand, climate change. It assesses how the country can: reduce its vulnerability to climate shocks through targeted public and private investments and adequation of social protection. The report also shows how Argentina can seize the benefits of a global decarbonization path to sustain a more robust economic growth through further development of Argentina’s potential for renewable energy, energy efficiency actions, the lithium value chain, as well as climate-smart agriculture (and land use) options. Given Argentina’s context, this CCDR focuses on win-win policies and investments, which have large co-benefits or can contribute to raising the country’s growth while helping to adapt the economy, also considering how human capital actions can accompany a just transition.Publication World Development Report 2006(Washington, DC, 2005)This year’s Word Development Report (WDR), the twenty-eighth, looks at the role of equity in the development process. It defines equity in terms of two basic principles. The first is equal opportunities: that a person’s chances in life should be determined by his or her talents and efforts, rather than by pre-determined circumstances such as race, gender, social or family background. The second principle is the avoidance of extreme deprivation in outcomes, particularly in health, education and consumption levels. This principle thus includes the objective of poverty reduction. The report’s main message is that, in the long run, the pursuit of equity and the pursuit of economic prosperity are complementary. In addition to detailed chapters exploring these and related issues, the Report contains selected data from the World Development Indicators 2005‹an appendix of economic and social data for over 200 countries. This Report offers practical insights for policymakers, executives, scholars, and all those with an interest in economic development.Publication Lebanon Economic Monitor, Fall 2022(Washington, DC, 2022-11)The economy continues to contract, albeit at a somewhat slower pace. Public finances improved in 2021, but only because spending collapsed faster than revenue generation. Testament to the continued atrophy of Lebanon’s economy, the Lebanese Pound continues to depreciate sharply. The sharp deterioration in the currency continues to drive surging inflation, in triple digits since July 2020, impacting the poor and vulnerable the most. An unprecedented institutional vacuum will likely further delay any agreement on crisis resolution and much needed reforms; this includes prior actions as part of the April 2022 International Monetary Fund (IMF) staff-level agreement (SLA). Divergent views among key stakeholders on how to distribute the financial losses remains the main bottleneck for reaching an agreement on a comprehensive reform agenda. Lebanon needs to urgently adopt a domestic, equitable, and comprehensive solution that is predicated on: (i) addressing upfront the balance sheet impairments, (ii) restoring liquidity, and (iii) adhering to sound global practices of bail-in solutions based on a hierarchy of creditors (starting with banks’ shareholders) that protects small depositors.Publication Digital Africa(Washington, DC: World Bank, 2023-03-13)All African countries need better and more jobs for their growing populations. "Digital Africa: Technological Transformation for Jobs" shows that broader use of productivity-enhancing, digital technologies by enterprises and households is imperative to generate such jobs, including for lower-skilled people. At the same time, it can support not only countries’ short-term objective of postpandemic economic recovery but also their vision of economic transformation with more inclusive growth. These outcomes are not automatic, however. Mobile internet availability has increased throughout the continent in recent years, but Africa’s uptake gap is the highest in the world. Areas with at least 3G mobile internet service now cover 84 percent of Africa’s population, but only 22 percent uses such services. And the average African business lags in the use of smartphones and computers as well as more sophisticated digital technologies that catalyze further productivity gains. Two issues explain the usage gap: affordability of these new technologies and willingness to use them. For the 40 percent of Africans below the extreme poverty line, mobile data plans alone would cost one-third of their incomes—in addition to the price of access devices, apps, and electricity. Data plans for small- and medium-size businesses are also more expensive than in other regions. Moreover, shortcomings in the quality of internet services—and in the supply of attractive, skills-appropriate apps that promote entrepreneurship and raise earnings—dampen people’s willingness to use them. For those countries already using these technologies, the development payoffs are significant. New empirical studies for this report add to the rapidly growing evidence that mobile internet availability directly raises enterprise productivity, increases jobs, and reduces poverty throughout Africa. To realize these and other benefits more widely, Africa’s countries must implement complementary and mutually reinforcing policies to strengthen both consumers’ ability to pay and willingness to use digital technologies. These interventions must prioritize productive use to generate large numbers of inclusive jobs in a region poised to benefit from a massive, youthful workforce—one projected to become the world’s largest by the end of this century.