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Billateral agreements

Austria

- Agreement on Legal Cooperation in Criminal Matters between the Socialist Federal Republic of Yugoslavia and the Republic of Austria from February 1, 1982; came into effect in 1984 (“The Official Gazette SFRY” – International treaties No. 2/1983).

- Agreement on Extradition between the Socialist Federal Republic of Yugoslavia and the Republic of Austria from February 1, 1982; came into effect in 1984 (“The Official Gazette SFRY ” – International treaties No. 2/1983).

- Agreement on Mutual Execution of Court Judgements in Criminal Matters between the Socialist Federal Republic of Yugoslavia and the Republic of Austria from February 1, 1982; came into effect in 1984 (“The Official Gazette SFRY ” – International treaties No. 6/1983).

- Agreement on Mutual Legal Exchange between the Socialist Federal Republic of Yugoslavia and the Republic of Austria from December 16, 1954. ("The Official Gazette FPRY" – Addendum No. 8/1955); came into effect on December  13, 1955.

- Agreement on Mutual Recognition and Execution of Judgements Involving Support from October 10, 1961. ("The Official Gazette SFRY " – Addendum No. 2/1963), came into effect on December 25, 1962.

- Agreement on Mutual Recognition and Execution of Judgements of Chosen Courts and Settlements Concluded between the Socialist Federal Republic of Yugoslavia and the Republic of Austria from March 18, 1960 ("The Official Gazette FNRY" – Addendum No. 5/1961); came into effect on May 17, 1961.

Belgium

- Convention on Extradition and Legal Cooperation in Criminal Matters between the Socialist Federal Republic of Yugoslavia and the Kingdom of Belgium from June 4, 1971, came into effect in 1972 (“The Official Gazette SFRY” – Addendum No. 9/1973).

- Agreement on Legal Cooperation in Civil and Commercial Matters between the Socialist Federal Republic of Yugoslavia and the Republic of Austria from September 24, 1971 ("The Official Gazette SFRY" – Addendum No. 7/1974), came into effect on June 1, 1972.

- Convention on Recognition and Execution of Court Judgements Involving Support between the Socialist Federal Republic of Yugoslavia and the Republic of Austria from December 12, 1973 ("The Official Gazette SFRY" – Addendum No. 45/1976), came into effect on March 8, 1976.

- Convention on Issuing of Birth Certificates and Relief from Legalization between the Socialist Federal Republic of Yugoslavia and the Republic of Austria from September 24, 1971 ("The Official Gazette SFRY", No. 55/1972), came into effect on December 1, 1972.

Bulgaria

- Agreement between the Federal People’s Republic of Yugoslavia and the People’s Republic of Bulgaria on Mutual Legal Cooperation from March 23, 1956, came into effect in1957 (“The Official Gazette FPRY”- Addendum No. 1/1957).

Czech Republic

- Agreement between the Socialist Federal Republic of Yugoslavia and the Czech Socialist Republic on Regulation of Legal Relationship in Civil, Family, and Criminal Matters from January 20, 1964, came into effect in 1964 (“The Official Gazette SFRY” – Addendum No. 13/1964).

- Agreement between the Socialist Federal Republic of Yugoslavia and the Czech Socialist Republic on Mutual Extradition of Convicted Persons for the Purpose of Serving a Prison Sentence from May 23, 1989, came into effect in 1990 (“The Official Gazette SFRY” – International treaties No. 6/1990).

Denmark

- Agreement between the Socialist Federal Republic of Yugoslavia and the Kingdom of Denmark on Mutual Extradition of Convicted Persons for the Purpose of Serving a Prison Sentence from October 28, 1988, came into effect in 1989 (“The Official Gazette SFRY”- International treaties No. 5/1989).

France

- Convention between the Socialist Federal Republic of Yugoslavia and the Republic of France on Mutual Legal Cooperation in Criminal Matters from October 29 1969, came into effect in 1970 (“ The Official Gazette SFRY”- Addendum No. 16/1971).

- Convention on Extradition between the Government of the Socialist Federal Republic of Yugoslavia and the Government of the Republic of France from September 23, 1970, came into effect in 1971 (“The Official Gazette SFRY”- Addendum No. 43/1971).

- Agreement on Facilitation of Application of the Hague Convention on Civil Proceedings from March 1, 1954 between the Socialist Federal Republic of Yugoslavia and the Republic of France from October 29, 1969. ("The Official Gazette SFRY" – Addendum No. 21/1971), came into effect on January 1, 1971.

- Convention on Issuing of Personal Identification Papers and Relief from Legalization from October 29, 1969. ("The Official Gazette SFRY" – Addendum No. 3/1971), came into effect on November 1, 1970.

- Convention on Jurisdiction and on the Law Applicable to the Area od Personal and Family Law between the Socialist Federal Republic of Yugoslavia and the Republic of France from May 18, 1971 ("The Official Gazette SFRY", No. 5/1972), came into effect on December 1, 1972.

- Convention on Recognition and Execution of Court Judgements in Civil and Commercial Matters between the Government of the Socialist Federal Republic of Yugoslavia and the Government of the Republic of France from May 18, 1971. ("The Official Gazette SFRY" – Addendum No. 7/1972), came into effect on February 1, 1972.

Greece

- Convention on Mutual Legal Relations between the Socialist Federal Republic of Yugoslavia and the Kingdom of Greece from June 18, 1959 ("The Official Gazette FPRY" – Addendum No. 7/1960), came into effect on March 31, 1960.

- Agreement on Mutual Recognition and Execution of Court Judgements between the Socialist Federal Republic of Yugoslavia and the Kingdom of Greece from June 18, 1959. ("The Official Gazette FPRY" – Addendum No. 6/1960), came into effect on March 31, 1960.

- Agreement on Trade and Navigation between the Kingdom of Serbs, Croats, and Slovenes and the Kingdom of Greece from November 2, 1927 ("The Official Journal", No. 254/1928), came into effect on November 1, 1928.

Netherlands

- Agreement on Extradition between Serbia and Netherlands from February 28 (March 11) 1896, came into effect in 1896 (“Serbian Gazette”, No. 275/1896).

- Agreement on Trade and Navigation between the Kingdom of Yugoslavia and the Kingdom of Netherlands from May 28, 1930. ("The Official Journal ", No. 85/1932), came into effect on April 17, 1932.

Italy

- Convention between the Kingdom of Serbs, Croats, and Slovenes and Italy on Extradition from April 6, 1922, came into effect in 1931 (“The Official Journal ”, No. 42/1931).

- Convention between the Kingdom of Serbs, Croats, and Slovenes and Italy on Legal and Court Protection of Citizens from April 6, 1922 (“The Official Journal ”, No. 42/1931). The only Articles that have remained in effect are Articles 13-16, in accordance with Article 26 of the Convention between FPRY and Italy on Mutual Legal Cooperation in Criminal and Administrative Matters from December 3, 1960.

- Convention between the Federal People’s Republic Yugoslavia and Italy on Mutual Legal Aid in Criminal and Administrative Matters from December 31, 1960 (“The Official Gazette FPRY-Addendum-5/1963)

- Convention between the Kingdom of Serbs, Croats, and Slovenes and Italy on Legal and Court Protection of Citizens from April 6, 1922 ("The Official Journal ", No. 42/1931); Articles 13-16 of this Conventions are applied in accordance with Article 26 of the Convention between FPRY and Italy on Mutual Legal Cooperation in Criminal and Administrative Matters from December 3, 1960.

Cyprus

- Agreement between the Socialist Federal Republic of Yugoslavia and the Republic of Cyprus on Legal Aid in Civil and Criminal matters from September 19, 1984, came into effect in1987 (“The Official Gazette SFRY” – International treaties No. 2/1986).

Hungary

- Agreement between the Socialist Federal Republic of Yugoslavia and the People’s Republic of Hungary on Mutual Legal Exchange from March 7, 1968, came into effect in 1969 (“The Official Gazette SFRY” – Addendum No. 3/1968).

- Agreement on Changes and Amendments to the Agreement between the Socialist Federal Republic Yugoslavia and the People’s Republic of Hungary on Mutual Legal Exchange from March 7, 1986, came into effect in 1987 (“The Official Gazette SFRY” – International treaties No. 1/1987).

SR Germany

- Agreement on Extradition between the Socialist Federal Republic of Yugoslavia and the Federal Republic of Germany from November 26, 1970, came into effect in 1975 (“The Official Gazette SFRY” – Addendum No. 17/1976).

- Agreement on Legal Aid in Criminal Matters between the Socialist Federal Republic of Yugoslavia and the Federal Republic of Germany from October 1, 1971, came into effect in 1975 (“The Official Gazette SFRY”, No. 33/1972).

Poland

- Agreement between the Socialist Federal Republic of Yugoslavia and the People’s Republic of Poland on Legal Exchange in Civil and Criminal Matters from February 6, 1960, came into effect in 1963 (“The Official Gazette FPRY” – Addendum No. 5/1963).

Romania

- Agreement between the Federal People’s Republic of Yugoslavia and the People’s Republic of Romania on Legal Aid from October 18, 1960, came into effect in 1961 (“The Official Gazette FPRY” – Addendum No. 8/1961).

Slovakia

- Agreement between the Federal People’s Republic of Yugoslavia and the Socialist Republic of Czechoslovakia on Regulation of Legal Relations in Civil, Family, and Criminal Matters from January 20, 1964, came into effect in 1964 (“The Official Gazette SFRY” – Addendum No. 13/1964).

- Agreement between the Federal People’s Republic of Yugoslavia and the Socialist Republic of Czechoslovakia on Mutual Extradition of Convicted Persons for the Purpose of Serving a Prison Sentence from May 23, 1989, came into effect in 1990 (“The Official Gazette SFRY” – International treaties No. 6/1990).

Spain

- Agreement between the Federal People’s Republic of Yugoslavia and Spain on Legal aid Criminal matters and Extradition from July 8, 1980, came into effect in 1982 (“The Official Gazette SFRY” - International treaties No. 3/1981).

- Convention on Trade and Navigation between the Kingdom of Serbs, Croats, and Slovenes and the Kingdom of Spain from September 27, 1929. ("The Official Journal of the KY", No 307/1929), came into effect on December 28, 1929.

Great Britain

- Agreement on Mutual Extradition of Convicted Persons between Serbia and Great Britain from December 6, 1900, came into effect in 1901 (“Serbian Gazette” No. 35/1901).

- Agreement on Trade and Navigation between the Kingdom of Serbs, Croats, and Slovenes and the United Kingdom of Great Britain and Ireland from May 12, 1927 ("The Official Journal " No. 46/1928), came into effect on February 9, 1928.

- Convention between the Kingdom of Yugoslavia and Great Britain on the Establishment of Mutual Aid in Conducting Proceedings in Civil and Commercial Matters That Are Pending, or May Be Pending, Before Judicial Authorities from  February 27, 1936 ("The Official Journal ", No. 116/1937), came into effect on August 18, 1937.

It is clear that agreements with some of the above listed countries are very old. They regulate only certain aspects of international legal aid and, therefore, do not meet the standards of contemporary legal exchange. Agreements with some countries do not regulate all the aspects of international legal aid, that is, they regulate only some of them. Only a small number of agreements regulate all the forms of international legal cooperation in civil and criminal matters.

List of countries with whom Serbia has no billateral agreements:

1. Luxembourg

2. Sweden

3.Portugal

4. Ireland

5. Malta

6. Lithuania

7. Latvia

8. Estonia

9. Slovenia

10. Finland

Considering the intensity of legal exchange with certain European Union member states, the need for regulation of all forms of international legal assistance with those countries, and the fact that there are no bilateral agreements on mutual assistance with some of the above listed countries, agreements with the following European Union member states should be considered:

1. Sweden-treaty that would regulate all forms of legal assistance

2. Slovenia- treaty that would regulate all forms of legal assistance

3. Great Britain- treaty that would regulate all forms of legal assistance

4. Italy- treaty that would regulate all forms of legal assistance

5. Netherlands- treaty that would regulate all forms of legal assistance

6. Portugal- treaty that would regulate all forms of legal assistance

7. Austria- treaty that would regulate all forms of legal assistance

8. Germany- treaty that would regulate all forms of legal assistance.

It should be noted that at one time Romania requested that a completely new agreement on legal assistance in civil and criminal matters be signed, and that Bulgaria requested the agreement on transfer of convicted persons. Such agreements should be considered. Considering that the Czech Republic and Slovakia are now independent states, separate agreements with both should be considered as well.

Neighbouring countries that are not members of the European Union, with whom the Republic of Serbia has bilateral agreements regarding legal exchange in civil and criminal matters

Bosnia and Herzegovina

- Agreement between Serbia and Montenegro, and Bosnia and Herzegovina on Legal Aid in Civil and Criminal Matters from 24.02.2005 (“The Official Gazette of SM” – International treaties No. 6/2005). The agreement came into effect on 09.02.2006.

- Agreement between Serbia and Montenegro, and Bosnia and Herzegovina on Mutual Execution of Court Judgements in Criminal Matters from 24.02.2005 (“The Official Gazette of SM” – International treaties No. 6/2005). The agreement came into effect on 13.02.2006.

Croatia

- Agreement between the Federal Republic of Yugoslavia and the Republic of Croatia on Legal Aid in Civil and Criminal Matters from 15.09.1997, came into effect in 1998 (“The Official Gazette SRY” - International treaties 1/1998).

Macedonia

- Agreement between Serbia and Montenegro, and the Republic of Macedonia on Legal Aid in Civil and Criminal Matters; came into effect on 09.03.2005 (“The Official Gazette of SM”- International treaties No. 22/2004).

Albania

- Convention on Extradition of Convicted Persons between the Kingdom of Serbs, Croats, and Slovenes, and the Arbanas Republic from June 22, 1926; came into effect in 1929 (“The Official Journal ”117/1929).

Montenegro

There are no bilateral agreements signed with this country. Government of the Republic of  Serbia determined the bases for negotiations and conclusion of 3 agreements:

1. Agreement on Legal Aid in Civil and Criminal Matters,

2. Extradition Agreement,

3. Agreement on Execution of Court Judgements in Criminal Matters.

Recommendations regarding the signing of certain bilateral agreements with neighbouring countries which are not members of the European Union:

There is no extradition agreement with Bosnia and Herzegovina. Such an agreement should be considered.

Croatia: the Agreement between the Federal Republic of Yugoslavia and the Republic of Croatia on Legal Cooperation in Civil and Criminal Matters fails not regulate numerous issues, such as extradition, execution of criminal judgements, recognition and execution of court judgements and arbitrations, etc. Changes and amendments to the existing Agreement, or creation of a new agreement, should be considered.

Albania: the Convention on Extradition of Convicted Persons between the Kingdom of Serbs, Croats, and Slovenes and the Arbanas Republic is the only existing agreement. It does not fulfil the needs of legal exchange.

Note:

There ate numerous Council of Europe Conventions on legal cooperation that are in effect with many countries that are members of the European Union, as well as with neighbouring countries that are not. This should be kept in mind.

EUROJUST

In 2003, a contact person was appointed in order to facilitate cooperation between the Republic of Serbia and EUROJUST  (Deputy Republic Public Prosecutor). Regular operative work is conducted through contacts of the Republic Public Prosecutor’s Offices with national representatives and EUROJUST liaisons: information, as well as mutual direct legal aid and advice, is constantly exchanged. The relationship with EUROJUST is characterized by day-to-day activities involving the realization of various requests made by Contact Prosecutors from different countries, mostly members of the European Union, as well as representatives of countries that have signed Agreements on Cooperation With  EUROJUST (Norway, Switzerland, Japan, Russia, etc.) or permanent Contact Prosecutors (Montenegro, Bosnia and Herzegovina, etc.).

It is the intention of the Ministry of Justice to commence negotiations with EUROJUST by the end of 2008, with aim to sign the Agreement on Cooperation With EUROJUST.