ПРИЛОГ ЗА ЈАВНУ РАСПРАВУ О НОВОМ ЗАКОНУ О МЕЂУНАРОДНОМ ПРИВАТНОМ ПРАВУ РЕПУБЛИКЕ СРБИЈЕ
A Contribution to the Public Debate on the new PIL Act of the Republic of Serbia

Summary/Abstract: The primary objective of this article is twofold. First, the author explores the new Private International Law Act and, following the conception and structure provided by the framers of the proposed PIL Act, the author points out to some of its advantages and provides critical commentary on some of the proposed legal solutions. In that context, the author emphasizes that the proposed legal text should be regarded as the legislator’s attempt to draw closer to Europe without taking due notice of our own legal tradition, the appropriacy of some legal solutions and the actual needs underlying this subject matter in our legal context. Being aware that a detailed analysis of the proposed legal text may demonstrate that the framers have occasionally gone far beyond the common expectations, the author criticizes some of the proposed legal solutions. To that effect, the author considers that it has not been necessary to resort to a simple reception of legal norms contained in some contemporary PIL codifications and that the satisfactory results legislator could be achieved even without such a radical “separation from” our legal history. In line with the second objective which is clearly stipulated in the title of this article, the author endeavors to cast more light on the burning issue which has become prominent in the past few years; it involves the pressing need and our strenuous efforts to “ join” the European Union and its legal accomplishments. In that context, the author urges the framers of this legal text to exert an effort to give a personal finishing touch to the proposed act and to develop modern, efficient and above all practical legal solutions which would be a crown to their ongoing endeavor to regulate this area.

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