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Settlement as an Efficient Mechanism for Upholding Citizens’ Rights

04 04 2018

Settlement as an Efficient Mechanism for Upholding Citizens’ Rights

With the support of the USAID Rule of Law Project, the State Attorney’s Office organized a round table in Belgrade on April 4, 2018, on the topic of settlements in the procedure to protect the right to trial within reasonable timeframe. The lack of coordination between the institutions responsible for implementing the settlement agreements is what contributed towards the diminishing trust of the citizens in this manner of handling disputes against the state. For this reason, the State Attorney’s Office took it upon themselves to gather all relevant institutions and seek solutions to make this mechanism more efficient in the atmosphere of open dialogue.

‘The role of the State Attorney’s Office in the procedure to protect the right to trial in a reasonable time is extremely important for the reputation of the State and its responsibility for the damages caused.’ Ljubica Milutinović, Judge of the Supreme Court of Cassation

The number of cases before the courts stemming from the violation of the right to trial within a reasonable time continues to grow and the value of the current caseload is estimated at approximately 3 million euro. Having a readily available and efficient mechanism to settle these cases is of key importance for quickly resolving these cases without overburdening the courts. The representatives of the Ministry of Finance, the Ministry of Justice, the High Court Council, the State Prosecutorial Council, the Supreme Court of Cassation, the courts and public prosecutor’s offices, have supported the proposal of the State Attorney, Olivera Stanimirović, to draft a set of practical guidelines for implementing the settlement agreement which would become effective as of autumn.

The USAID Rule of Law Project will support this process because the establishment of an efficient, clearly defined legal and practical framework for settling cases involving the State Attorney’s Office is one of the main goals of our Project.

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