NOVELTIES IN THE AMENDMENTS TO THE ENFORCEMENT AND SECURITY ACT

With the Project’s support, the round table on the draft Amendments to ESA was held in Belgrade on 30 May 2019.

The Amendments to the Enforcement and Security Act (ESA) are introducing significant novelties. “The principle of proportionality – the fundamental principle in an enforcement proceeding – is back on the agenda, and significant innovations are coming: the introduction of the e-Auction and the electronic notice board.”, said Justice Minister Nela Kuburović.

‘The public has certainly been showing interest in this Act. I believe no other statute is capturing greater attention at the moment and with that comes a greater responsibility of those working on its amendments’, Kuburović noted. She added that the subject Working Group was one of the largest working groups ever formed by the Ministry of Justice.

Minister Kuburović highlighted the fact that the comments of all the relevant participants (the professionals working on enforcement matters and the parties to an enforcement proceeding) had been considered, and added that she expected the draft Amendments to ESA to enter the parliamentary procedure soon. Minister Kuburović explained that one of the reasons for initiating the drafting of the Amendments to ESA was the uneven practice of the courts which had led to an uneven practice of bailiffs. She thanked the Project for organising and supporting the facilitation of the public hearing of the draft Amendments and USAID for its significant support through the Rule of Law Project.

The EU Delegation to Serbia’s Task Manager Enrico Visentin noted that the Ministry of Justice had published the draft Amendments to ESA on its website inviting all interested parties to comment. He explained that the EU Delegation to Serbia understands that indeed all the comments would be reviewed carefully, which he thought spoke volumes about public involvement and inclusion in the public hearing.

Reflecting on Serbia’s latest Progress Report – published by the EU – Mr Visentin said that one of the areas for which commendation was given was in fact enforcement, and owing to the reduction in backlog enforcement cases. He concluded that the public hearing would lead to improved ESA results so that the area of enforcement may advance.

The USAID Rule of Law Project Chief of Party Marc Lassman stated that USAID had been providing operational support to the Working Group, and that the Ministry of Justice ought to be praised for the manner in which it had been conducting the process, which is crucial to tackling the key challenges successfully.