Law on Protection of the Right to Trial within a Reasonable Time

This Serbian law provides protection where judicial proceedings take unjustifiably long. Its purposes include accelerating proceedings and fair satisfaction for an established violation. It does not determine who should win the underlying dispute or replace an appeal concerning its merits. Excessive duration and dissatisfaction with an outcome are different questions.

Reasonableness is assessed in the particular case, considering complexity, importance to the party and the conduct of authorities and participants. There is no single permitted length for every civil case or investigation. The law provides an objection for acceleration and an appeal, while fair satisfaction has additional conditions. Decisions on those requests are distinct from determining the original right involved in the proceedings.

In practice, prepare the case number, starting date, chronology of hearings and other actions, periods of inactivity and earlier submissions. Check whether you are entitled to make the particular request and which authority receives it. Keep decisions and service information. Supreme Court practice confirms a two-month period for deciding an objection and a special appeal where no decision is made. The particular appeal deadline depends on its statutory basis and should not be calculated by assumption.

The current publication series is Official Gazette 40/2015 and 92/2023; the basic law applies from 1 January 2016. The 2023 amendment excludes certain insolvency and enforcement proceedings concerning recognised or established claims against enterprises with majority socially owned or state capital. It also provides transitional treatment of certain undecided requests as constitutional appeals. Before filing, check whether the exclusion covers your proceedings. The source links to Parliament’s enacted amendment, which must be read alongside the basic law.

This is Avangarda’s editorial information overview, rather than the statutory text or advice for an individual case. This translation is editorial and is not an official translation of Serbian legislation. Check the current official text, special legislation and your documents for a specific situation, and obtain qualified legal assistance where needed.

Helps document case duration and distinguish acceleration from fair satisfaction.

Parties and other statutorily entitled persons in covered court proceedings, representatives and legal professionals.

For prolonged inactivity, an acceleration objection or examination of the conditions for fair satisfaction.