Implementation of Transitional Laws in Serbia 2006

More documents

Recommendations

Info

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
Implementation of Transitional Laws in Serbia 2006Inviolability of HomeArticle 40A person’s home shall be inviolable.No one may enter a person’s home or other premises against the will of their tenant norconduct a search in them. The tenant of the home or other premises shall have the right to bepresent during the search in person or through his legal representative together with two otherwitnesses who may not be under age.Entering a person’s home or other premises, and in special cases conducting search withoutwitnesses, shall be allowed without a court order if necessary for the purpose of immediatearrest and detention of a perpetrator of a criminal offence or to eliminate direct and gravedanger for people or property in a manner stipulated by the law.Confidentiality of Letters and Other Meansof CommunicationArticle 41Confidentiality of letters and other means of communication shall be inviolable.Derogation shall be allowed only for a specified period of time and based on decision of thecourt if necessary to conduct criminal proceedings or protect the safety of the Republic ofSerbia, in a manner stipulated by the law.Protection of Personal DataArticle 42Protection of personal data shall be guaranteed.Collecting, keeping, processing and using of personal data shall be regulated by the law.Use of personal data for any the purpose other the one were collected for shall be prohibitedand punishable in accordance with the law, unless this is necessary to conduct criminalproceedings or protect safety of the Republic of Serbia, in a manner stipulated by the law.Everyone shall have the right to be informed about personal data collected about him, inaccordance with the law, and the right to court protection in case of their abuse.One of the standard rights, guaranteed by the European Convention onHuman Rights and by the Small Charter, is the right to respect private and21
Page 2 and 3: Implementation of Transitional Laws
Page 8: Implementation of Transitional Laws
Page 70 and 71:
Implementation of Transitional Laws
Page 72 and 73:
Page 74 and 75:
Page 76 and 77:
Page 78 and 79:
Page 80 and 81:
Page 82 and 83:
Page 84 and 85:
Page 86 and 87:
Page 88 and 89:
Page 90 and 91:
Page 92 and 93:
Page 94 and 95:
Page 96 and 97:
Page 98 and 99:
Page 100 and 101:
Page 102 and 103:
Page 104 and 105:
Page 106 and 107:
Page 108 and 109:
Page 110 and 111:
Page 112 and 113:
Page 114 and 115:
Page 116 and 117:
Page 118 and 119:
Page 120 and 121:
Page 122 and 123:
Page 124 and 125:
Page 126 and 127:
Page 128 and 129:
Page 130 and 131:
Page 132 and 133:
Page 134 and 135:
Page 136 and 137:
Page 138 and 139:
138Implementation of Transitional L
Page 140 and 141:
Page 142 and 143:
Page 144 and 145:
Page 146 and 147:
Page 148 and 149:
Page 150 and 151:
Page 152 and 153:
Page 154 and 155:
Page 156 and 157:
Page 158 and 159:
Page 160 and 161:
Page 162 and 163:
Page 164 and 165:
Page 166 and 167:
Page 168 and 169:
Page 170 and 171:
Page 172 and 173:
Page 174 and 175:
Page 176 and 177:
Page 178 and 179:
Page 180 and 181:
Page 182 and 183:
Page 184 and 185:
Page 186 and 187:
Page 188 and 189:
Page 190 and 191:
Page 192 and 193:
Page 194 and 195:
Page 196 and 197:
Page 198 and 199:
Page 200 and 201:
Page 202 and 203:
Page 204 and 205:
Page 206 and 207:
Page 208 and 209:
Page 210 and 211:
Page 212 and 213:
Page 214 and 215:
Page 216 and 217:
show all

Implementation of Transitional Laws in Serbia 2006

Create successful ePaper yourself

Delete template?

Save as template?