Latest developments in 2019

• Author: Krstic, Ivana
• Pages: 91-94

91

12 LATEST DEVELOPMENTS IN 2019

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

provided.

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: Gž - 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

Link: https://vk.sud.rs/sr-lat/rev-372019-11436-diskriminacija-1642-imunitet-319113-

tu%C5%BEba

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.