From Unsuccessful to Half-way Restitution in Serbia Cover Image

Од неуспешне ка половичној реституцији
From Unsuccessful to Half-way Restitution in Serbia

Author(s): Jovica Trkulja
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Legal overcome of the authoritarian past in Serbia;Rule of law;Right to restitution;Denationalization;Law on restitution and compensation;
Summary/Abstract: Restitution is one of the most important steps of democratic government after the overthrow of authoritarian regimes. It is an important precondition for political and moral recovery of Serbian society and a condition for building a modern democratic society. Restitution Law and related laws, which should mark a break with the practice of human rights violations in the past, have long since become a reality in other countries in transition. Serbia has not established consensus on the adoption of the Law on restitution, so that it did not have the law on restitution by 2011. Finally, after two decades of promises and twenty models and drawings, National Assembly adopted a law on restitution and compensation on 26 September 2011 which came into force on 6 October 2011. This is an important long-awaited step in establishing the rule of law in Serbia. The author points to the lack of basic legal system, economic and political conditions for restitution in Serbia, as well as the failure of many of the restitution and compensation. With such a law on restitution in Serbia next year will be part of the partial restitution. The reasons for this are numerous, objective and subjective, and come down to the fact that in Serbia after the democratic changes in 2000 was not part of the discontinuity but continuity with the authoritarian rule of non-legal state and the political elite who have alternated in the last decade did not realize the necessity of overcoming evil authoritarian past and the realization of transitional justice.