December 21, 2009

New Law on Court Organization

The new Law on Court Organization shall come into legal force in Serbia on January 1, 2010.

The significant novelty under the new law is the establishment of Appeal Courts in charge of appeals on both Basic and High Courts' decisions. Further, under the new law i.e. as of January 1, 2010, a special Administrative Court shall be established as court competent for administrative disputes and name of the Supreme Court will also be changed to the Supreme Court of Cassation. These changes will cause general reelection of judges on all levels.

General competences of courts in the Republic of Serbia as of January 1, 2010 are:

I Competences of Basic Court
As court of original jurisdiction:
-Deciding on criminal charges for crimes punishable with imprisonment of up to 10 year, unless some higher court has original jurisdiction;
-Deciding in litigations, enforcement and in extra contentious procedures, unless some higher court has original jurisdiction;
-Deciding in housing and labor disputes;
-Legal aid and international legal assistance.

II Competences of High Court
As court of original jurisdiction:
-Deciding on criminal charges for crimes punishable with imprisonment of over 10 year, crimes of underage convicted felons, crimes against the constitutional system, war crimes and crimes of genocides;
-Deciding in litigations where the amount of dispute exceeds RSD 500,000.00, litigations related to intellectual property, disputes related to strike, collective barging agreements, etc.

As court of appellate jurisdiction, decides on appeals filed against:
-Decisions on custody and some other measures in criminal procedure;
-Decisions of court of original jurisdiction in summary criminal procedure;
-Decisions of court of original jurisdiction in civil proceedings, judgments in civil proceedings where the amount of dispute is less than RSD 100,000.00.

III Competences of Commercial Court
As court of original jurisdiction:
-Decides in litigations, enforcement and in extra contentious procedures if the parties are foreign and domestic legal entities;
-Decides in commercial offences.

IV Competences of Commercial Court of Appeal
As court of appellate jurisdiction; decides on appeals filed against:
-Decisions and judgments of Commercial Court and other government agencies.

V Competences of Misdemeanor Court
As court of original jurisdiction:
-Decides in misdemeanor proceedings, unless other administrative body is in charge thereof.

As court of appellate jurisdiction, decides on appeals filed against:
-Decisions of other administrative bodies having original jurisdiction in the misdemeanor proceedings.

VI Competences of Higher Misdemeanor Court
As court of appellate jurisdiction decides on appeals against:
-Decisions of Misdemeanor Court.

VII Competences of Administrative Court
-Decides in administrative disputes.

VIII Competences of Supreme Court of Cassation
-Decides on extraordinary legal remedies filed against decisions of courts in the Republic of Serbia (revisions, motion for renewal of proceedings, etc.);
-Establishes general legal practice.