The legal system of Serbia
A civil-law system based on the 2006 Constitution and codes in the Continental tradition, with a Constitutional Court. Serbia is an EU candidate progressively aligning its law with the EU acquis.
Legal tradition
Serbia belongs to the civil law tradition. A civil-law system based on the 2006 Constitution and codes in the Continental tradition, with a Constitutional Court. Serbia is an EU candidate progressively aligning its law with the EU acquis.
How power is divided
A parliamentary republic with a directly elected President, a Government answerable to the National Assembly and an independent judiciary overseen by a reformed High Judicial Council.
Where law comes from
- Constitution
- The 2006 constitution as amended.
- Ratified treaties
- Part of domestic law and above statute.
- Laws of the National Assembly
- Primary legislation.
- Codes
- The Law on Obligations, Criminal Code and procedural codes.
The legal profession
Advokati belong to bar associations under the Serbian Bar Association; javni beležnici (notaries) handle deeds, company acts and succession.
Law by topic in Serbia
- Immigration & NationalityA unified residence and work permit outside the EU frameworkAs a non-EU state, Serbia applies its own Foreigners Act and Employment of Foreigners Act to all non-nationals. Since 2023 a single application produces a combined temporary residence and work permit.
- Human RightsConstitutional rights, ratified treaties above statute and a Protector of CitizensThe Constitution guarantees human and minority rights, and ratified international treaties are part of the legal order and above statute. The Protector of Citizens and the Commissioner for Information oversee the administration.
- Business & CorporateThe Companies Act, the d.o.o. and one-stop registration at the APRCompany law follows the Companies Act, with the d.o.o. dominant and the a.d. used for larger and listed businesses. Registration is with the Business Registers Agency, which also serves as a one-stop shop for tax and social registration.
- Tax LawFlat-rate wage tax with an annual surtax, plus corporate tax and VATSerbia taxes salary at a flat rate with a non-taxable allowance, adding a progressive annual surtax on high earners. Corporate income tax is charged at a low flat rate, and VAT applies at a standard and reduced rate.
- Civil ProcedureThe Civil Procedure Act with private bailiffs and notarial enforcementCivil litigation follows the Civil Procedure Act, with basic and higher courts divided by value and subject matter. Enforcement was privatised to public bailiffs, who now handle most execution of judgments.
- Constitutional LawThe 2006 Constitution with 2022 amendments on judicial independenceSerbia is a parliamentary republic under the 2006 Constitution, amended by referendum in 2022 to remove parliament from judicial appointments. The Constitutional Court reviews the constitutionality and legality of general acts.
- Property & LandRegistration-based ownership with notarised contracts and reciprocity for foreignersOwnership of real estate is acquired on registration in the real-estate cadastre. Sale contracts must be solemnised by a notary, and acquisition by foreign natural and legal persons is subject to reciprocity rules.
- Family LawThe Family Act with joint parental rights and protection against violenceThe Family Act governs marriage, parental rights and maintenance, providing for divorce by consent or on petition. It contains a dedicated regime of protective measures against domestic violence.
- Criminal LawThe Criminal Code with prosecutor-led investigation and plea agreementsThe Criminal Code and the Criminal Procedure Code govern offences and process. The 2011 procedural code shifted the investigation to the public prosecutor, and negotiated guilty pleas are widely used.
- Employment & LabourThe Labour Act with defined dismissal grounds and extendable agreementsThe Labour Act sets out individual and collective employment rights, listing the grounds on which an employment contract may be terminated. Collective agreements may be extended to a whole branch by ministerial decision.
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