The capacity of the Administrative Court in Serbia to deal with asylum cases
2018
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This paper explores the capacity of the Administrative Court in Serbia to adjudicate asylum cases, which have been in its jurisdiction since the Court's establishment in 2010. The analysis of its asylum case law is divided into three phases, based on both temporal and substantive criteria. It demonstrates that the best period in handling asylum cases was 2014-2015, during which judgments of the Court significantly improved the decision-making of administrative authorities. Nevertheless, this research has identified several issues that have negatively influenced the work of the Administrative Court in the field of asylum law: the Court's excessive inherited caseload, the influx of new claims, a small number of asylum-related cases, the insufficient number of judges, the extremely broad jurisdiction of the Court, as well as a lack of specialized panels within the Court. The last problem is identified as the major one and the authors propose concrete steps that should be undertaken in ord...er to increase the capacity of the Administrative Court to deal with asylum cases. Lessons learned from Serbia, as a country in the middle of the Western Balkan migration route, can be useful for all other countries along it.
Ključne reči:
Safe third country / Republic of Serbia / European Convention on Human Rights / Asylum / Administrative CourtIzvor:
Anali Pravnog fakulteta u Beogradu, 2018, 66, 4, 56-83Izdavač:
- Univerzitet u Beogradu - Pravni fakultet, Beograd
Kolekcije
Institucija/grupa
Pravni fakultet / Faculty of Law University of BelgradeTY - JOUR AU - Davinić, Marko AU - Krstić, Ivana PY - 2018 UR - https://ralf.ius.bg.ac.rs/handle/123456789/1058 AB - This paper explores the capacity of the Administrative Court in Serbia to adjudicate asylum cases, which have been in its jurisdiction since the Court's establishment in 2010. The analysis of its asylum case law is divided into three phases, based on both temporal and substantive criteria. It demonstrates that the best period in handling asylum cases was 2014-2015, during which judgments of the Court significantly improved the decision-making of administrative authorities. Nevertheless, this research has identified several issues that have negatively influenced the work of the Administrative Court in the field of asylum law: the Court's excessive inherited caseload, the influx of new claims, a small number of asylum-related cases, the insufficient number of judges, the extremely broad jurisdiction of the Court, as well as a lack of specialized panels within the Court. The last problem is identified as the major one and the authors propose concrete steps that should be undertaken in order to increase the capacity of the Administrative Court to deal with asylum cases. Lessons learned from Serbia, as a country in the middle of the Western Balkan migration route, can be useful for all other countries along it. PB - Univerzitet u Beogradu - Pravni fakultet, Beograd T2 - Anali Pravnog fakulteta u Beogradu T1 - The capacity of the Administrative Court in Serbia to deal with asylum cases EP - 83 IS - 4 SP - 56 VL - 66 DO - 10.5937/AnaliPFB1804056D UR - conv_475 ER -
@article{ author = "Davinić, Marko and Krstić, Ivana", year = "2018", abstract = "This paper explores the capacity of the Administrative Court in Serbia to adjudicate asylum cases, which have been in its jurisdiction since the Court's establishment in 2010. The analysis of its asylum case law is divided into three phases, based on both temporal and substantive criteria. It demonstrates that the best period in handling asylum cases was 2014-2015, during which judgments of the Court significantly improved the decision-making of administrative authorities. Nevertheless, this research has identified several issues that have negatively influenced the work of the Administrative Court in the field of asylum law: the Court's excessive inherited caseload, the influx of new claims, a small number of asylum-related cases, the insufficient number of judges, the extremely broad jurisdiction of the Court, as well as a lack of specialized panels within the Court. The last problem is identified as the major one and the authors propose concrete steps that should be undertaken in order to increase the capacity of the Administrative Court to deal with asylum cases. Lessons learned from Serbia, as a country in the middle of the Western Balkan migration route, can be useful for all other countries along it.", publisher = "Univerzitet u Beogradu - Pravni fakultet, Beograd", journal = "Anali Pravnog fakulteta u Beogradu", title = "The capacity of the Administrative Court in Serbia to deal with asylum cases", pages = "83-56", number = "4", volume = "66", doi = "10.5937/AnaliPFB1804056D", url = "conv_475" }
Davinić, M.,& Krstić, I.. (2018). The capacity of the Administrative Court in Serbia to deal with asylum cases. in Anali Pravnog fakulteta u Beogradu Univerzitet u Beogradu - Pravni fakultet, Beograd., 66(4), 56-83. https://doi.org/10.5937/AnaliPFB1804056D conv_475
Davinić M, Krstić I. The capacity of the Administrative Court in Serbia to deal with asylum cases. in Anali Pravnog fakulteta u Beogradu. 2018;66(4):56-83. doi:10.5937/AnaliPFB1804056D conv_475 .
Davinić, Marko, Krstić, Ivana, "The capacity of the Administrative Court in Serbia to deal with asylum cases" in Anali Pravnog fakulteta u Beogradu, 66, no. 4 (2018):56-83, https://doi.org/10.5937/AnaliPFB1804056D ., conv_475 .