Administrative Procedures and Protection of Property Rights in Serbia

Abstract

Besides the general administrative procedure stipulated in detail in the Law on General Administrative Procedure, there are numerous special administrative procedures in the Republic of Serbia, contained in sectoral laws that regulate certain areas. This is the case in the field of property-related legal affairs e.g. in connection with nationalization, expropriation, colonization, restitution, etc. The purpose of this paper is to provide an analysis of special administrative procedures and their „reflections” on the exercise of the rights of citizens to peaceful enjoyment of their property, as well as procedures providing for the possibility that the state in the public interest restricts this right. Also, the analysis should determine how this special legal regime affects the efficiency and effective exercise of the right to peaceful enjoyment of property on the one hand and on the other what is the real scope of administrative-procedural protection.