Points of law

1. INTERNATIONAL LEGAL INSTRUMENTS

The Republic of Serbia is not a party to, nor has it signed the European
Convention on State Immunity of 1972 (European Treaty Series No 074) with an
Additional Protocol thereto (ETS No 074A). Neither is a party or a signatory to any
other international legal instrument in this field.

2. DOMESTIC LAW

Serbia has no special law regulating the question of jurisdictional immunity of States
when they appear as parties in a proceedings before domestic courts. However, the
laws of the Republic of Serbia refer to the rules of international law. For instance:

a) Law on Civil Litigation (“Official Journal of RS“, Nos. 125/2004 and 111/2009)
contains an article which reads as follows:

“Article 26
1) As regards jurisdiction of domestic courts to try foreign nationals enjoying immunity in
the Republic of Serbia or to try foreign states and international organizations, the rules of
international law apply.

2) In case of doubt as to the existence and the scope of immunity, the administrative
authority responsible for justice affairs shall provide explanation.”

b) Law on Enforcement Proceedings (“Official Journal of RS“, No. 125/2004) in its
article 26 provides:

“Article 26

Enforcement or security measures against the property of a foreign state or international
organization located in the territory of the Republic of Serbia cannot be imposed without
the previous written consent of the appropriate administrative authorities, unless the
foreign state or international organization concerned has explicitly agreed to such
enforcement or security.”

Specific provision(s) of the law

Sources

Additional information (explanations, notes, etc.)