Introduction

• Author: Krstic, Ivana
• Pages: 5-7

5

1 Introduction

1.1 Basic structure of the national legal system

The Republic of Serbia is a constitutional, multi-party, parliamentary democracy. Its

history is that of a federal unit within a federal state – the Socialist Federal Republic of

Yugoslavia (SFRY). After the dissolution of the SFRY in the 1990s, it was again structured

as a federal state with two federal units, and known as the Federal Republic of Yugoslavia

(FRY). From 2003 to 2006, Serbia was part of the State Union of Serbia and Montenegro,

into which the Federal Republic of Yugoslavia had been transformed. On 5 June 2006, the

National Assembly of Serbia declared Serbia the successor to the State Union, following

the decision of the Parliament of Montenegro who declared Montenegro independent. It

finally became a single state, which means that the legal competence for anti-

discrimination law is directly applicable in all parts of the State. Specific activities within

the rights and responsibilities of the Republic and autonomous provinces may be delegated

to the local self-government.

Within the original scope of responsibilities, the local self-government unit passes

regulations independently, in accordance with its rights and responsibilities determined by

the Constitution. The state authorities, the authorities of the autonomous provinces, the

authorities of self-government units, and organisations entrusted with the exercise of

public powers, are all obliged to monitor the accomplishment of gender-based equality.

Serbia’s court system includes courts of general jurisdiction and specialised courts. General

jurisdiction courts include the basic courts, the higher courts, the courts of appeal, and

the Supreme Court of Cassation. The specialised courts include the Administrative Court,

the commercial courts, the Commercial Appellate Court, the misdemeanour courts and the

Misdemeanour Appellate Court.

1.2 List of main legislation transposing and implementing the directives

- The Law on Equality between the Sexes, better known as The Gender Equality Act

(GEA)1 proclaims gender equality in Serbia in all areas of public and private life;

- The Law on the Prohibition of Discrimination (LPD)2 establishes a coherent system of

protection from discrimination in Serbia;

- The Labour Law3 provides specific provisions against discrimination at work and

related to employment;

- The Law on Social Protection4 regulates the objectives and principles of social

protection, rights, procedures for exercising the right to social protection, use of

social services, etc.;

- The Law on Health Care5 regulates the healthcare system, the organisation of

healthcare services, the rights and obligations of patients, health protection, etc.;

- The Law on Health Insurance6 governs entitlements deriving from compulsory health

insurance of insured persons and other citizens, being covered by compulsory health

1 Gender Equality Act, Official Gazette of the Republic of Serbia, No. 104/2009. This law was adopted on 11

December 2009 and entered into force on 25 December 2009.

2 Law on the Prohibition of Discrimination, Official Gazette of the Republic of Serbia, No. 22/2009, 26 March

2009. It entered into force eight days after it was published in the Official Gazette, on 3 April 2009 (except

for the provisions relating to the Commissioner for the Protection of Equality which entered into force on 1

January 2010).

3 Labour Law, Official Journal of the Republic of Serbia, No. 24/2005, 61/2005, 54/2009, 32/2013, 75/2014,

13/2017 – Constitutional Court decision, 113/2017, 95/2018. It entered into force on 23 March 2005. The

Law was amended several times, in 2005, 2009, 2013, 2014, 2017 and 2018.

4 The Law on Social Protection, Official Gazette of the Republic of Serbia, No. 24/2011.

5 The Law on Healthcare, Official Gazette of the Republic of Serbia, No. 25/2019. The law entered into force

on 11 April 2019.

6 The Law on Health Insurance, Official Gazette of the Republic of Serbia, No. 25/2019. The law entered into

force on 11 April 2019.