Project Proposal

ADJUSTMENT OF THE YUGOSLAV LAW OF CIVIL PROCEDURE TO THE LAW OF THE EUROPEAN UNION

Author and coordinator:: Leposava Karamarković

INTRODUCTION

The Yugoslav society is in a serious crisis both as a whole and in each of its segments. The disintegration of the social tissue brought about a total collapse of the previous system of values based, above all, on ideological premises and, thus, on specific economic postulates. In order to speed up the revitalization of society upon effectuation of desired changes, it is necessary to use this preparatory period to address all problems and draw up the models of the solutions that will be compatible, above all, with the solutions adopted by the EU member countries.

PROJECT OBJECTIVE

The objective of this Project is to make preparations for the period when the Federal Republic of Yugoslavia will get out of isolation. This will initiate integration processes which anticipate changes in all segments of society and the adjustment of the Yugoslav law of civil procedure to the EU legislation in such a manner and to such an extent as will lead to the incorporation of Yugoslav law into the European legal system.

The law of civil procedure is a very important segment of the legal system. Namely, it prescribes the procedure in securing the protection of individual rights before the court and corresponds with the substantive-law basis that proceeds from real life's situations and, thus, expresses the very essence of society, while at the same time exerting influence on it. The law of civil procedure looks like a mere formality only at first glance. In essence, it secures the protection of the value system of a community by imposing specified procedural standards, set for the goods to be protected, on all of its members.

As is implied, the adjustment of the law of civil procedure must be an integral part of the adjustment of the overall legal system, as well as of the social system as a whole. Namely, the adjustment of one segment of the legal system is also the expression of fundamental changes in the whole society.

PROJECT DESCRIPTION

The Project will be implemented in several phases, including as follows:

Making a comparative analysis of the Yugoslav law of civil procedure and the law of procedure in the EU member countries, as well as determining differences and their characteristics which depend on the development level of the particular member country;
Determining differences arising from the non-existence of certain social relations and institutions of society (in all spheres of life) in the Federal Republic of Yugoslavia;
Obtaining the opinions of other LEX teams working on the projects of adjusting other segments of law as well as the economy since the legal framework for protection of a specified relationship and the relevant model depend also on the solutions applied to economic relations;
Making a synthesis of the results produced in Phases I, II and III and addressing the entire problem;
Formulation of several variations of the model of the acceptable law of civil procedure;
Presentation of the model to:

Experts by organizing a round table and
The general public through a media campaign.

EXPECTED RESULTS

The Project is expected:

to provide a comprehensive survey of the situation in the area of civil procedure law in the Federal Republic of Yugoslavia with respect to the goods to be protected;
to make a projection relating to integration into the EU when the conditions are met, with respect to the goods to be protected and in the context of expected changes;
to offer the models of the solution in several variations, which are suitable for a fast implementation in the changed social context;
to contribute to the development of the awareness of experts as well as the general public as to the maladjustment of the Yugoslav law of civil procedure to the modern European legal standards;
to contribute to the development of the awareness of experts as well as the general public as to the need for a timely adjustment of the Yugoslav law of civil procedure to the modern European legal standards;
to contribute to the strengthening of the role of civil society in the advocacy of a need for the adjustment of the Yugoslav law of civil procedure to the modern European legal standards;
to contribute to the recognition of the role of civil society organizations in formulating and proposing new solutions.

PROJECT DURATION

The Project will be implemented in the period from July 2000 to July 2001.

PROJECT IMPLEMENTATION

The Project will be implemented by the League of Experts - LEX , a non-governmental organization.

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