Database

The immunities of States and international organisations

This database contains the original national contributions bringing together information on The immunities of States and international organisations

Information on the contribution

Member State
Serbia
Themes
Type of document
Law
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/Serbia/2004/425
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Serbia - Law of 15/11/2004

Law on Enforcement Proceedings

Author(ity)

National Assembly of the Republic of Serbia

Number of the law

n/a

Date of the law

15/11/2004

Points of law

Law on Enforcement Proceedings, in its article 26, provides that no enforcement or security measures may be applied to the property of a foreign state or international organization located in the territory of the Republic of Serbia without the previous written consent of the relevant authorities, except in cases where the foreign state or international organization concerned has explicitly agreed to such enforcement or security.

Specific provision(s) of the law

n/a

Sources

“Official Journal of RS“, No. 125/2004

Additional information (explanations, notes, etc.)

The 2004 Law on Enforcement Proceedings failed to specify the “competent” authority referred to in article 26 which should give its written consent for enforcement against the property of a foreign state. The previous laws on enforcement proceedings (of 1978 and 2000) provided that responsibility for giving consent was that of “the federal administrative authority in charge of justice affairs”. In practice, consent to enforcement is given by the Ministry of Justice.