ROUND TABLE WITHIN A PUBLIC HEARING ON DRAFT AMENDMENTS TO THE ENFORCEMENT AND SECURITY ACT

A round table on the draft Amendments to the Enforcement and Security Act (ESA) was held on 21.05.2019. at the Appellate Court in Niš. The main changes proposed by the Draft Amendments to ESA were presented by Justice Assistant Minister for Matters of the Judiciary Jelena Deretić and Chair of the Working Group for the Drafting of the Amendments.  

Several other experts shared the comments on the proposed Amendments to the ESA, namely the University of Belgrade Law Faculty professor Nikola Bodiroga, independent consultant Mihajlo Živković,  judge of the Basic Court in Belgrade Nikola Stošić,  representative of the American Chamber of Commerce Vladimir Vesović, and public bailiff Mladen Pecelj.

After the presentation, the participants were given the opportunity to comment on the draft, receiving clarification on the practical reach of certain proposed provisions from the Working Group members.

The future implementation of a new form of sale and acquisition of real-estate and moveable property through an electronic platform (e-auction) is found to be revolutionary. This novelty in the Serbian legal system as well as other proposed solutions have been well received by the participants. The participants also welcomed the strengthening of the principle of proportionality and a set of measures aimed at protecting judgment debtors.

The EU funded ‘EU for Justice – Support for Chapter 23’ project and the USAID Rule of Law Project supported the drafting of the Amendments to ESA and the organisation of the public hearing.