The MDTF JSS team assessed the effectiveness of the appellate system in ensuring quality in decision making. The key finding is that the appeal system in Serbia remained to be one of the judicial system’s impediments with high appeal rates and deteriorating public perception of trust. The system still offers unprecise data on lodged appeals which hindered precise analysis and required the FR team to use the estimated figures. Rates varied noticeably across court types, case types, and court locations. High appeal rates prolonged the overall duration of cases and increased caseloads. On a more positive note, the reversal rates have declined and have been partially substituted by increased amendments, most likely primarily due to the legislative obligation of the appellate court to decide on his own on second appeal. Lack of uniformity in the application of law encouraged parties to hope for a more favorable result on appeal. Other factors may have also encouraged the parties to lodge appeals, such as the attorneys’ interest to charge for more actions taken in a case and/or dilatory tactics to postpone enforcement in adverse decisions.
Updated: December 16, 2021
