Conference held in Niš -
The Work of Disciplinary Bodies of Bar Associations
The research was presented in the first part of the conference, and the second part was dedicated to participants' questions and discussion. Contributions to the conference, with their expert views on this topic and recommendations for resolving the issue, were given by Katarina Golubović, Ph.D. attorney-at-law and president of the Committee of Lawyers for Human Rights YUCOM, Stefan Vlatković, attorney-at-law from Niš, Milan Jovanović, vice president of CSO Iustitia from Niš and assistant judge at the Commercial Court in Niš, Srdjan Mitic, attorney-at-law from Pirot and president of the Disciplinary Court of the Serbian Bar Association, Ljiljana Stojanovic, editor-in-chief of the Jugpress portal and director of the Center for Democracy and Development of Southern Serbia and Nebojša Stanković, Ph.D. attorney-at-law from Niš.
Conference: The Phenomenon of Mass Claims
During 2020 and the first quarter of 2021, three research were conducted:
Research: Analysis of the work of disciplinary bodies and disciplinary procedures of the Bar Association of Niš
The work of the disciplinary bodies of the Serbian Bar Association (AKS) and the bodies of the bar associations in its composition, as well as the manner of implementation and the outcome of disciplinary proceedings, are almost completely unknown. There are no consolidated and publicly available data on the number of filed disciplinary charges/proposals against lawyers and trainee lawyers, nor is there data on the number of filed indictments and the type of violations of legal duties for which indictments were filed, as well as the number of verdicts and types of disciplinary measures. Although disciplinary prosecutors and disciplinary courts are required to submit annual reports on their work to the assemblies, which they do, these reports are generally not publicly available, and those that are, provide only basic data on the number of reports and indictments filed ie indictments. on the number of judgments rendered and proceedings pending.
The application of regulations on the disciplinary liability of lawyers and attorneys-at-law has not been the subject of independent scientific and professional analysis, so there is a lack of knowledge about the most common violations of advocacy duties and reputation of lawyers, the frequency of disciplinary proceedings, their efficiency and effectiveness. The public learns about certain cases of flagrant violation of the lawyer's duty and unethical behavior from the media, but there is mostly no information about the reaction of the competent authorities and the legal epilogue of such cases. Having in mind the role of the bar and the lack of insight into the practice of disciplinary bodies of bar associations, there was a justified need to comprehensively and comprehensively investigate the manner of work of disciplinary bodies and the results of conducted disciplinary proceedings.
As the activity of the Judicial Base South is focused on the territory of southern Serbia, the research covered the practice of disciplinary bodies of the Bar Association of Nis (AKN). The aim was to gain insight into the reasons and frequency of filing disciplinary reports/proposals and the practice of AKN disciplinary bodies in the process of accusing, prosecuting and sanctioning violations of advocacy duties and damaging the reputation of the bar and reviewing the degree of efficiency and effectiveness of disciplinary proceedings at all stages. Therefore, the goal is to gain insight into the practice of the AKN disciplinary court and the AKS disciplinary court, as a second instance court in processing cases of violation of lawyer's duties and damage to the reputation of the bar.
The author of the research is Dr. Nevena Petrusic, a professor at the Faculty of Law in Nis, who was assisted by researchers Bojana Arsenijevic, a teaching assistant at the Faculty of Law in Nis and Katarina Momirovic, a lawyer from Nis. The research will be presented in the second half of 2021.
Research: Identifying the needs of civil society organizations for publishing in an open format data from the judiciary
Open databases give the public the opportunity to get information or research what interests them. Their greatest value, in addition to easy availability, is the (predominant) quality of information. We are talking about the data behind the state, its institutions and its checks. The aim of the research was to determine the needs of associations and media in the south of Serbia for publishing data from the judiciary in an open format. About 2/3 of the associations and media that participated in the research had needs in their work for data from the judiciary. The research team was led by the author of the research, Ivan Grujić, director of the Association Agency, from Leskovac. Researchers from Nis, lawyers Milica Stanković and Jelena Videnović and Info Vranjski journalist Mihajlo Stojković helped him in his work on the research. A sociologist participated in compiling the questionnaire. The research will be presented to the public in June 2021.
Research: The phenomenon of mass claims
In the mid-2000s, mass court litigation appeared in the judicial system of Serbia, which in everyday communication is called "mass law". The phenomenon is very complex and through it, the legal, financial and ethical aspects are broken. The judiciary, the state and the state attorney's office seem to be still surprised by this phenomenon and do not find an appropriate answer, so the number of mass gatherings is rapidly increasing from year to year and contributes to increasing the workload of courts, and thus increasing the duration of other cases. Finally, due to the awarded costs, these cases are a great burden on the state budget. The author of the research is Dr. Nebojsa Stankovic, a lawyer from Nis, who led a team of researchers consisting of Milan Jovanovic, a trainee judge from Nis, Lazar Jovic, a trainee lawyer from Grdelica and Milivoje Zlatkovic, a trainee lawyer from Vranje. The research was presented at an online conference, held in Nis on April 20, 2021. A link to the research text and a snapshot of the event is available in the section above.
Strengthening the capacity for rule of law - Southern Serbia