The Law on Restitution - an Analysis of the 2011 Draft Cover Image

Zakon o restituciji - analiza Nacrta iz 2011. godine
The Law on Restitution - an Analysis of the 2011 Draft

Author(s): Jovica Trkulja
Subject(s): Law, Constitution, Jurisprudence
Published by: Centar za unapređivanje pravnih studija
Keywords: legal dealing with the authoritarian past in Serbia; the state of law; a right to restitution

Summary/Abstract: Restitution is one of the most important steps of the democratic authorities after the authoritarian regime had fallen. It represents an important hypothesis for the political and moral recuperation of the Serbian society and a condition for the building of the modern democratic society. The Law on restitution and its complementary laws, which should indicate a break-up with the practice of the human rights violation in the past, have become a reality in other states in transition long time ago. Consensus about the adoption of the Law on restitution has not been reached in Serbia yet. Therefore, Serbia is the only post-communist country in the today's South-eastern Europe that has not adopted the Law on restitution. In this context, on July 28th, 2011, the Government of the Republic of Serbia forwarded the Draft of the Law on returning the confiscated properties and compensation for public discussion. After the public discussion had been finished, the Draft of this Law was forwarded to Parliament procedure (September 6th, 2011). This is an important long-expected step towards establishing the state of law and the so-called transitional justice in Serbia. In this paper the author observes the issue of restitution as the measures of the legal dealing with the authoritarian past in Serbia and he estimates the proposed Draft of the Law, that is, the Bill. The unsuccessful attempt of restitution was ongoing in Serbia for the last twenty years. With this Law on restitution the impartial restitution will be ongoing in Serbia for the next twenty years.

  • Issue Year: 2011
  • Issue No: 3-4
  • Page Range: 229-242
  • Page Count: 14
  • Language: Serbian