Legal remedies against factual acts by police force: The Serbian and the Austrian approach

Abstract

In democratic countries founded on the rule of law, individuals remedies against factual acts by police officers are crucial for the legal system. Different legal systems provide different concepts for the external control of the police. This paper compares the Serbian and the Austrian system and identifies every system s advantages and weaknesses. Their identification allows the author to suggest a reform of both current systems. As to the major reform proposals, the Austrian legislator could adopt the fast Serbian first instance proceeding before the head of the police unit concerned by an act, whereas Serbia should establish an independent authority where complaints against the police could be filed with. In general, the comparison of both systems facilitates the understanding of the remedy system against factual acts by the police and enables the readers to consider their home countrys remedy system from a different perspective.