ИЗВРШНИ ПОСТУПАК ЗА НАПЛАТУ ПОТРАЖИВАЊА ПО ОСНОВУ ИЗВРШЕНИХ КОМУНАЛНИХ И СЛИЧНИХ УСЛУГА
COLLECTION OF UTILITY AND OTHER SIMILAR CLAIMS BY PRIVATE ENFORCEMENT AGENTS IN SERBIA

Summary/Abstract: The main focus of this paper is the special enforcement procedure with respect to collection of utility and other similar claims. The author compares this type of special proceedings to the general enforcement based on certified instruments (instrument authentique). The existence of special rules on collection of utility and similar claims is justified by the need to unburden the courts and to expedite collection of these charges. However, those rules may cause delay in enforcement proceedings. Millions of cases concerning collections of utility and similar claims in Serbia have been transferred to private enforcement agents, who have been granted exclusive jurisdiction to deal with these claims. The author inspects this novelty from the standpoint of the Constitution of the Republic of Serbia and Article 6(1) of the European Convention on Human Rights, and puts forward the question whether the private enforcement agent can be considered an independent tribunal or not.

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