Administrative Court and Administrative Judgment in Serbia

Abstract

After nearly a century, since the year 2006, Serbia is a sovereign, independent state. However, the judicial review of administrative decisions has a rich history and strong institutional background in Serbia. This paper aims to describe and sum up the present legal and institutional framework of the judicial review of administrative decisions, such as to point on the challenges arising in the judicial practice and to formulate possible answers to those challenges. In accordance with the rule of law principle, the Serbian Constitution and the Law on the Judicial Review of Administrative Acts from the year 2009 makes possible the review of all administrative acts by which the authorities decide on the rights and duties of persons before the Administrative Court. However, the jurisprudence of the Administrative Court reveals several difficulties which undermine the efficiency of the judicial review. Since its establishment, in the year 2010, the Administrative Court struggles with unreasonable lengthy procedures and inherited and still present mass of unresolved cases.