Serbia’s Enforcement and Security Act (ESA) took effect on July 1, 2016, following its adoption in December 2015. The legislation introduces several significant procedural reforms.

Key Mechanisms

The ESA establishes new enforcement procedures and expanded judicial authority. Notably, individuals may now challenge decisions from both courts and bailiffs, with limited exceptions. A significant procedural innovation permits appeals without halting enforcement of the contested ruling.

The law allows deferment of enforcement actions when creditors, debtors, or third parties submit reasoned proposals. It also incorporates expert witness testimony and permits restitution in limited circumstances.

Court and Bailiff Competence

Courts retain exclusive authority over enforcement approval, performance, real estate sales decisions, and employee reinstatement matters. Bailiffs possess broader enforcement authority, holding exclusive rights to conduct proceedings based on enforceable or credible documentation.

Bailiff Reforms

The legislation redefines bailiffs as “public” officials with enhanced responsibilities. New appointment requirements include passing bar examinations, and disciplinary accountability has increased substantially.