Project Proposal

ADJUSTMENT OF YUGOSLAV PENAL-LAW TO MODERN INTERNATIONAL PENAL-LAW STANDARDS

Author and coordinator:: Prof. dr Momčilo Grubač i Prof. dr Stanko Pihler

INTRODUCTION

Current Yugoslav law of torts, which was enacted in former Yugoslavia many years ago for the needs of a completely different governance system, has largely become obsolete and superseded by dramatic events taking place in Yugoslavia and the rest of the world over the last decade. Moreover, due to attempts of the ruling regime to use it openly for political purposes (like in the case of the current Public Information Act and the like), this law has been considerably degraded. During the last few years, this law was not improved and democratized. Instead, it was openly used by the regime against its political opponents, as well as for other political purposes. For these reasons, it will be justifiable to undertake this project which will – once political conditions are created - facilitate adoption of a new Yugoslav law of torts, adjusted to international legal standards.

PROJECT OBJECTIVE

Objective of this project is a critical survey of Yugoslav law of torts and of its conformity/nonconformity with generally adopted, international procedural-law standards and especially with those arising from international legal documents on human rights protection.

Final objective of this project is to propose solutions for basic and most important procedural-law institutions that can be used for adoption of a new Yugoslav law of torts.

PROJECT DESCRIPTION

Project will be carried out in three basic phases.

First phase: comparative research into those institutions of the Yugoslav law of torts which are not in accordance with international legal standards;

Second phase: formulation of concrete solutions for a future Yugoslav law of torts;
Third phase:

presentation of project results to experts by holding a round table with participation of domestic and foreign law of torts experts;
presentation of project results to local general public through media and by publishing a special LEX edition.

PROJECT REALIZATION TIME FRAMEWORK

Project will be implemented in three phases within a period of 12 months upon its adoption.

The first phase will be implemented within a period of 5 months.

The second phase will be implemented within a period of 5 months upon completion of the first one.

The third phase will be implemented simultaneously with and complementarily to the second one, and will be completed within 2 months upon completion of the second phase at the latest.

EXPECTED RESULTS

Project is expected to achieve the following results:

Elaboration of a model law in accordance with modern European and universal standards. The model will be offered to democratic political parties, civil society groups and to general public as a possible part of an overall legislative reform effort in a pre-transition and transition context.
Facilitation and acceleration of work on enactment of a new, modern Yugoslav law of torts, adjusted to European legal standards, once political preconditions are in place.
Recognition and strengthening of the civil society role in legal reform advocacy process and elaboration of model law in accordance with modern European and universal standards.
Contribution to introduction of a new model of independent experts action through civil society organizations as a factor of public control in the legislative process.
Contribution to introduction and recognition of public character and transparency of the legislative process, as well as of the role of civil society in that process.

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