THE RIGHT TO USE NATIVE TONGUE IN CIVIL PROCEEDINGS
THE RIGHT TO USE MOTHER TONGUE IN CIVIL PROCEEDINGS

Summary/Abstract: The use of language in civil proceedings is a very important legal-political, political, and social issue, which is of specific importance in multi ethnic countries. The right to use one’s native tongue in the course of proceedings before courts and other state authorities is one of the most significant instruments for realization of the right to legal protection 1 - a public subjective right broadly guaranteed by the constitution to all legal subjects. This paper presents a critical analysis of Serbian regulations pertaining to the use of languages in civil proceedings, aiming at identify in the shortcomings therein, as well as suggesting possible solutions to the identified problems. Serbian legislation’s flaws relate, above all, to parties’ right to submit filings written in their native tongues,to their right to receive court documents translated into their native tongues before delivery, and to the regime of bearing costs of translation and interpretation.

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