Implementation of Transitional Laws in Serbia 2006

Implementation of Transitional Laws in Serbia 2006of debtor’s prisons. In the Small Charter, in Article 14, Paragraph 3, it isstated that:„No one can be deprived of freedom only because they cannot fulfillcontractual obligation 55 .“Although it is clear that the whole of this article had been copied from theSmall Charter, the reason for canceling the prohibition of debtor’s prisonsremains ambiguous. Protocol 4, Article 1 of the European Convention alsoregulates this prohibition:„ No one can be deprived of freedom because they cannot fulfill thecontractual obligation 56 “To omit such an important prohibition from the constitutional catalogueof human rights represents an act of utter carelessness, at the very least. Aswith the right to privacy, there also remains the question whether the courtsin Serbia will be able to apply the regulations of the European Conventionand whether the practice of the European court on this matter will beacknowledged. In any case, the omission of the prohibition of debtor’sprisons in the Constitution represents a dangerous act without any kind ofexplanation and it can be expected that it will cause negative consequencesin the future.55 Article 14, Paragraph 3 of the Small Charter, see above under 3656 Article 1of the Protocol 4 with the European Convention, see above under 3120