Administrative and Court Deadlinesstate of emergency

Administrative and Court Deadlines During the State of Emergency in Republic of Serbia

Photo: Government of the Republic of Serbia | danas.rs

Background

On 15 March 2020 Serbian authorities declared state of emergency (“SoE”) on the entire territory of the Republic of Serbia. Upon initial confusion and restricted access to competent authorities and reduced working hours of all institutions, in order to achieve minimal standards of legal certainty, Government of the Republic of Serbia (“Government”) adopted legal framework which regulates deadlines and procedural aspects of communication with administrative and court authorities during SoE.

Deadlines in Administrative Procedures

Government rendered Regulation on the Application of Deadlines in Administrative Procedures during SoE on 24 March 2020 („Official Gazette of RS“, nos. 41/20 and 43/20).

Respective regulation stipulates that parties in (administrative) procedures pending before governmental authorities and agencies, authorities of autonomy province and local authorities, institutions, public companies and special bodies, as well as the companies and other organization entrusted to exercise public powers may not bear the consequences of their failure to act within the time limits prescribed under the laws on general or particular administrative procedure during SoE in Republic of Serbia.

It will be considered that delivery of the submissions and information provided during the SoE have been completed 15 (fifteen) days after the termination of the state of emergency. In addition, it is considered that the time limits that expire during the SoE, related to administrative actions, completion of administrative procedures and deciding on legal remedies, have expired 30 (thirty) days upon the termination of SoE.

Deadlines in Court Procedures

In addition to previous regulation, Government also rendered Regulation on Deadlines in Court Procedures during SoE (“Official Gazette of RS”, No. 38/20), applicable from 20 March 2020.

Respective regulation stipulates that the deadlines for filing of civil claim, private prosecution in criminal procedure, motion to initiate a non-contentious procedure or enforcement and security interest procedure, claim before administrative court and a constitutional complaint shall not be calculated during the SoE starting from 15 March 2020 (when SoE was declared).

Furthermore, time limits for filing of legal remedies and undertaking other procedural actions in civil procedure, criminal procedure, non-contentious procedure, enforcement and security interest procedure, procedure before administrative court and those initiated by the constitutional complaint shall be suspended during the SoE.

Finally, time limits for submission of the appeals against decisions on termination of the procedure, as well as for declaring of extraordinary legal remedies in criminal, misdemeanor procedures and commercial offenses, shall be suspended during the SoE.

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