Court fees represent an important component of the legal system, as they provide financial support to judicial institutions and enable the efficient conduct of court proceedings. They are an indispensable part of litigation, and their amount and method of calculation directly affect the accessibility and efficiency of justice for both individuals and legal entities.
The original text of the current Law on Court Fees was adopted back in 1994, and it has since undergone multiple amendments, the most recent of which occurred in 2018. A Draft Law on Amendments to the Law on Court Fees is currently under legislative procedure, introducing a series of changes aimed at aligning the existing legal framework with the contemporary needs of the judiciary and society. Below is an overview of the most significant proposed changes:
The Draft Law introduces amendments to the court fee schedule. These provisions increase the amounts of court fees in line with the changed economic conditions (rising prices and general cost of living) compared to 2009, when the last major amendments to this law were enacted.
The increase in court fees may be contentious from the perspective of citizens' right of access to the courts. The constitutionally guaranteed right to access justice may be effectively denied if the level of court fees is not aligned with the actual economic capacity of the average citizen.
Clearer Determination of the Moment When the Payment Obligation Arises
The court fee for filing a lawsuit becomes due on the day the preparatory hearing or the first hearing for the main trial is concluded, unless the dispute is resolved amicably, or by acknowledgment or waiver of the claim. In the case of response to the lawsuit, the fee is payable upon the conclusion of the proceedings, depending on the outcome of the dispute.
The statute of limitations for fee collection has been extended from three to five years from the end of the calendar year in which the fee obligation arose, allowing alignment with other time limits commonly applicable to financial claims.
The categories of individuals entitled to exemption from court fees have been more precisely defined, and a party submitting a request for exemption from court fees may do so no later than the conclusion of the hearing.
The Draft Law provides that the court will no longer be obligated to notify fee debtors of unpaid fees, thereby contributing to the acceleration of proceedings and preventing unnecessary delays in fee collection.
The Draft Law stipulates that the court may initiate enforcement proceedings for the collection of court fees if the amount of unpaid fees in a single case, after all actions have been taken or upon finalization of the case, does not exceed the amount of the minimum fee payable for a claim in civil proceedings.
Removal of Provisions to Ensure Harmonization with Other Regulations
Specifically, provisions related to court fees in land registry proceedings and the registration in other public real estate records have been deleted, as these records are no longer maintained by courts but by the Real Estate Cadastre.
Furthermore, in accordance with the proposal of the Administrative Court, provisions concerning the fee schedule related to administrative disputes have been clarified and amended.
Recently, the Bar Association of Serbia submitted comments on the Draft Law to the Ministry of Justice, so it is possible that the initial Draft will be further amended or supplemented, or that it may even be withdrawn from the legislative procedure.
Minja Mucić
Junior Associate
minja.mucic@prlegal.rs; legal@prlegal.rs;