Litigation procedure in civil procedural law in the Republic of Serbia

In this paper, the author has analysed the changes in the domain of civil procedure resulting from the adoption of the Constitutional Charter of the State Union of Serbia and Montenegro. According to the new constitutional solutions, civil procedure is the exclusive legislative competence of the member-states. The new provisions have created favourable circumstances for introducing the long-awaited procedural reforms despite the current insufficiency of all the necessary assumptions. Regarding the fact that the rules of procedural law, as an acquisition of civilization and cultural development, are considerably similar within the legal systems arising from the same legal background, in most of the European countries (including ours) there is no need for changing the fundamental procedural principles which litigation procedure is based on, nor there is a need for proclaiming or introducing new basic procedural human rights. The forthcoming reform in the domain of civil procedure will certainly affect the way of making some of the basic procedural principles and the basic procedural human rights more specific and putting them into effect, in compliance with the European standards enacted in generally accepted regulations in the legal acts and the practices of European juridical institutions.