Latest developments in 2019

AuthorKrstic, Ivana
12.1 Legislative amendments
The adoption in 2018 of the Law on Free Legal Aid,275 which was initiated by th e Action
Plan for Chapter 23 for the third quarter of 2015, was of utmost importance. The Law was
implemented in October 2019, and its pu rpose is to ensure and provide access to justice
for everyone. The Law recognises as direct beneficiaries among others persons with
disabilities, persons exposed to forced eviction and persons who are subject to a procedure
for the deprivation of legal capacity. Article 10(1) prescribes that free legal aid is based on
the equal availability of this right without discrimination among providers and beneficiaries,
as well as respecting the principle of accessibility of facilities where free legal aid is
The Law on Tourism, which was adopted in 20 19, enshrines in law principles of human
rights, respect and dignity for persons with disabilities, equality and the prohibition of
discrimination in tourism.276
The new Law on Health Protection enshrines in law principles of health protection, including
the protection of human rights, t he principle o f comprehensiveness and the accessibility
principle, as well as the principle of fairness , which includes the principle of equality and
the prohibition of discrimination.277
12.2 Case law
Ground: Disability
Name of the court: Appellate Court in Kragujevac
Date of decision: 12 July 2019
Name of the parties: A. M. v. Banca Intesa a. d. Beograd
Reference number: - 4172/19
Link: N/A
Brief summ ary: The higher court in Krusevac, in its judgment No. 1080/18 of 15 May
2019, found that there was discrimination on the basis on disability in respect of the
inaccessibility of a bank office to p ersons with disabilities using wheelchairs. The claiman t
had been a longstanding client of the bank, but the bank decided to change its location,
and the new office was not accessible as there was one step at the entrance to the facility.
Due to this obstacle, the client was forced to cal l the bank beforehan d to announce his
arrival. On each occasion, he would be helped by bank officials to enter the premises.
However, the Appellate Court overruled the lower court’s decision on the basis of
incomplete fact-finding. The Ap pellate Court erroneously concluded that it was not a case
of discrimination as the lower court had not assessed whether there were technical
conditions to enable the installation of a ramp. In addition, the App ellate Court was of the
opinion that, if there were technical conditions to enable the installation of a ramp, it would
then be necessary to discuss in whose jurisdiction that of the bank or the city government
the duty of installation would fall.
Ground: Not specified
Name of the court: Court of Cassation
Date of decision: 23 January 2019
Name of the parties: AA (not available) v. BB (not available)
Reference number: Rev 37/2019
275 Law on Free Legal Aid, Official Gazette of the Republic of Serbia, No. 87/2018, 21 November 2018.
276 Law on Tourism (Zakon o turizmu), Official Gazette of the Republic of Serbia, No. 17/2019, 22 March 2019.
277 Law on Health Protection (Zakon o zdravstvenoj zaštiti), Official Gazette of the Republic of Serbia,
No. 17/2019, 22 March 2019.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT