Election of judges to the European Court of Human Rights
List and curricula vitae of candidates submitted by the Government of Serbia
Communication
| Doc. 15819
| 05 September 2023
- Author(s):
- Secretary General of the Parliamentary Assembly
1 List
and curricula vitae of candidates submitted by the Government of
the Republic of Serbia
Letter from Ms Maja Popovic, Minister
of Justice, to Ms Chatzivassiliou-Tsovilis, Secretary General of
the Parliamentary Assembly, dated 16 August 2023
We are pleased to inform you about the activities carried
out in the process of nominating candidates for the election of
a judge of the European Court of Human Rights from the Republic
of Serbia.
[…]
The commission proposed the following candidates for the election
of a judge of the European Court of Human Rights from the Republic
of Serbia (in alphabetical order):
1 Vladimir Marinkov, Attorney in Belgrade;
2 PhD Nataša Plavsić, Judge of the Constitutional Court;
3 PhD Branko Rakić, Professor at the Faculty of Law in Belgrade.
2 Information
on national selection procedure for the position of a judge of the
European Court of Human Rights
The Ministry of Justice initiated the procedure for the selection
of candidates for the position of judge of the European Court of
Human Rights, after which the government's conclusion was adopted
on 29 December 2022, on the agreement that the Ministry of Justice
initiates the procedure and forms a commission that will carry out
the selection procedure and make a proposal for three candidates
for selection of a judge for the European Court of Human Rights,
and after the completed procedure, the Ministry of Justice is responsible
for submitting to the Government of the Republic of Serbia for approval
the proposal of three candidates for the selection of a judge for
the European Court of Human Rights from the Republic of Serbia.
Based on the government's conclusion, the Minister of Justice
of the Republic of Serbia issued a decision dated 29 December 2022
on the formation of the Commission, which had the task of preparing
the text of the invitation with the conditions prescribed by the
provisions of Articles 21 – 23 of the European Convention for the
Protection of Human Rights and Fundamental freedoms and the procedure
described in the Memorandum of the Secretary General of the Parliamentary
Assembly of the Council of Europe dated 7 September 2022 and other
documents of the Parliamentary Assembly of the Council of Europe,
of publishing it in the "Official Gazette of the Republic of Serbia"
and by means of public information; of checking the evidence from
the applications and carrying out the mandatory test of knowledge
of English and French; and conducting an interview with the candidates
and sending a report to the Minister of Justice.
The commission for nominating candidates for a judge of the
European Court of Human Rights from the Republic of Serbia consisted
of: Vladimir Vinš, Assistant Minister of Justice for International
Cooperation, President of the Commission and members of the Commission:
Zvezdana Lutovac, Judge of the Supreme Court of Cassation, Branko
Stamenković, Deputy Republic Public Prosecutor and Member of the
State Prosecutorial Council, Olivera Stanimirović, State Attorney
and PhD Aleksandar Gajić, Professor at the Faculty of Law in Belgrade
for the subjects of Public International Law, Law of European lntegration
and International Justice and Chief Legal Adviser at the Ministry
of Foreign Affairs. The Commission has a balanced composition and
is made up of persons who, with their knowledge, experience and
the positions they occupy, ensure a high level of knowledge, respect
and trust, which at the same time ensures that each member of the
Commission is free from any undue influence.
At the meeting held on 25 January 2023, the Commission agreed
on the text of the invitation and applications for the invitation
for the nomination of three candidates for election of a judge from
the Republic of Serbia to the European Court of Human Rights. The
invitation was published in the "Official Gazette of the Republic
of Serbia" number 6/23 of 27 January 2023, and on the same day it
was also published in the daily newspaper "Večernje novosti" and
on the website of the Ministry of Justice. The deadline for submitting
applications is 30 days from the date of publication of the Invitation
in the "Official Gazette of the Republic of Serbia". Applications
to the Invitation could be submitted until 27 February 2023.
Nine applications were received for the invitation for the
nomination of three candidates for election of a judge from the
Republic of Serbia to the European Court of Human Rights. Based
on the submitted applications, the Commission determined that all
participants in the invitation meet all the formal conditions stipulated
in the invitation, as well as that the submitted applications are
timely and complete. The commission opened all of the received applications
on 3 March 2023.
Through e-mail and with a phone check, candidates were informed
that the written test of English and French language skills was
on 7 April 2023, and the oral test of English and French language
skills was held on 10 April 2023, at the premises of the Ministry
of Justice. One candidate did not take the oral test of language knowledge,
while one candidate did not demonstrate a sufficiently high level
of knowledge and did not pass the written or oral test of knowledge
of any language.
Participants in the invitation for the nomination of three
candidates for election of a judge from the Republic of Serbia to
the European Court of Human Rights, in accordance with the conditions
of the invitation could choose whether they would be subject to
a language competency check in either English or French. Some candidates expressed
their desire to undergo a test of knowledge of both languages, which
the Commission made possible, with the fact that no discrimination
was made between the participants in connection with the verification
of other competencies based on whether they underwent a test of
one or both languages. Participants who took only one language undertook
the obligation to acquire appropriate language competences in another
language in an appropriate period of time in accordance with the
already established practice of the Council of Europe.
The commission prepared a report on testing English and French
language skills for participants in the invitation for nominations
of three candidates for the election of a judge of the European
Court of Human Rights from the Republic of Serbia.
The candidates who passed the written part of the English
language test are: PhD Nataša Plavšić. MA Silvija Panović-Djurić,
PhD Maja Stanivuković, PhD Branko Rakić, Vladimir Marinkov and PhD
Tanasije Marinković. Candidates who passed the written test of the
French language are: Branislava lsailović, PhD Branko Rakić and
PhD Tanasije Marinković.
The oral part of the English language test was passed by:
PhD Natasa Plavsié, MA Silvija Panovié-Djurié, PhD Maja Stanivukovié,
PhD Branko Rakié, Vladimir Marinkov and PhD Tanasije Marinkovié.
The oral part of the French language test was passed by: Branislava
lsailović, PhD Branko Rakić and PhD Tanasije Marinković.
Zorica Marinković-llieski and Nebojša Stanković did not pass
the written and oral language proficiency test.
Seven candidates who successfully passed the language test
were invited on 24 April 2023 to an interview conducted by members
of the Commission.
Interviews at the national level are mandatory, after which
interviews should be conducted with candidates in the Committee
of the Parliamentary Assembly of the Council of Europe for the selection
of judges of the European Court of Human Rights, and the selection
of a judge of the European Court of Human Rights from the Republic
of Serbia should be carried out at a session of the Parliamentary
Assembly of the Council of Europe in October 2023.
At the meeting held on 5 May 2023, after a thorough exchange
of opinions on the participants of the invitation with which it
conducted an interview, the Commission, guided primarily by the
guidelines contained in the documents of the Council of Europe,
determined the list of candidates for the election of a judge of
the European Court of Human Rights from the Republic of Serbia.
The Commission had a general impression of the three proposed candidates
based on academic and professional qualifications from the biographies,
as well as the directly conducted interview, especially in the part
of the interview that refers to relevant work experience and good
knowledge of both the national legal system and the European human
rights protection system which will contribute to the reputation
of the member state of the Council of Europe, as well as to the
dialogue between the European Court of Human Rights and the highest
national courts. The commission proposed the following candidates
for the election of a judge of the European Court of Human Rights
from the Republic of Serbia (in alphabetical order):
1. Vladimir Marinkov, Attorney in Belgrade;
2. PhD Nataša Plavsić, Judge of the Constitutional Court;
3. PhD Branko Rakić. Professor at the Faculty of Law in Belgrade.
All participants in the invitation were informed in writing
about the proposed candidates, with a note that they can inspect
the entire documentation of the procedure, including the biographies
and supporting evidence of ail participants in the Invitation, within
seven days of receiving the notification. None of the participants
in the Invitation requested for inspection of the documentation.
[…]
Bearing in mind that the proposed candidates for the election
of a judge of the European Court of Human Rights from the Republic
of Serbia meet all the criteria stipulated in the Memorandum of
the Secretary General of the Parliamentary Assembly of the Council
of Europe of 7 September 2022 […] we hope that the Parliamentary Assembly
of the Council of Europe will elect a judge of the European Court
of Human Rights from the Republic of Serbia at the October plenary
session.
Appendix 1 – Curriculum
vitae of Vladimir Marinkov
I. Personal details
Name, forename: MARINKOV, Vladimir
Sex: Male
Date and place of birth: 13 February
1979, Belgrade, Serbia
Nationality: Serbian
II. Education and
academic and other qualifications
- Faculty of Law, University
of Belgrade, graduated on 17 March 2006.
- Training for representation of children's rights in criminal
proceedings and representation of minor perpetrators of criminal
offenses in all stages of proceedings against minors in organization
of “Pravosudni Centar” (Judicial Centre) (Belgrade, 2009);
- Certification in children's rights and criminal protection
of minors, and representation of the interests of minors in criminal
proceedings against adult perpetrators of criminal offenses per
art. 150 of the Law on juvenile offenders and criminal protection
of minors in organization of “Pravosudni Centar” (Belgrade, 2009);
- Continuous education of defense attorneys in the defense
of war crimes: "Joint Criminal Enterprise and Command Responsibility"
organised by OKO – Department for Criminal Defense (at the Court
of Bosnia and Herzegovina – the highest court of first instance
competent for all entities in Bosnia and Herzegovina) (Bijeljina
– Bosnia and Herzegovina, 2009);
- "Training Session on Human Rights, with the support of
The Human Rights Trust Fund" at the European Court of Human Rights
in Strasbourg: Attendance at the session of the Grand Chamber of
the ECtHR in the case of El-Masri v. Macedonia, processing of that
case with the lawyer of the court, training on the article 6, training
on Article 8, training on Article 10 of the Convention, Presentation
of the HELP program and the HUDOC system, conversation with the
national judge (Dragoljub Popović), introduction to the work of
the Department for the Execution of Judgments of the European Court
of Human Rights and introduction to the work of the Committee for
the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment (CPT) (Strasbourg – France, 2012);
- Training for lawyers: "Criminal representation skills
– Basic and cross-examination" organised by the American Bar Association
Rule of Law Initiative (ABA ROLI) and Partners for Democratic Changes Serbia,
in cooperation with the Bar Association of Serbia, with the support
of the US Department of State/ Bureau for International Narcotics
and Law Enforcement Affairs (INL), within the project "Raising the capacity
of the legal profession for handling criminal proceedings" (Serbia
Criminal Defense Capacity Program – CDCP) (Belgrade, 2013);
- Training in the application of Article 2-7 ECHR within
the Regional Cooperation Project – "Strengthening Criminal Justice
Institutions and the Rule of Law in Central and Eastern Europe"
jointly organised by the US Department of Justice, the US Department
of Foreign Affairs, the US Embassy in Zagreb and the Judicial Academy
from Belgrade (Belgrade, 2016);Training of trainers (ToT) seminar
organised by the EU and Council of Europe in the JUFREX project
(freedom of expression and media freedom);
- Training of Trainers (ToT) seminar organised by the EU
and the Council of Europe in the JUFREX project (freedom of expression
and freedom of the media): Training of trainers to successfully
deliver training to other legal professionals in the field of application
and protection of Art. 10 ECHR (Vrdnik, Serbia, 2017) – As the best
trainee from Serbia, Vladimir Marinkov was awarded an invitation
and attendance at the conference "Promoting dialogue between the
European Court of Human Rights and the media freedom community,
Freedom of expression and the role and case law of the European
Court of Human Rights: developments and challenges" (Strasbourg,
France, 2017);
- Training of advocate trainers (ToT) organised by ABA ROLI
and the BRRLN (Balkans Regional Rule of Law Network) project: "Training
of Advocate Trainers, Curriculum Development Programme" (Skopje
– Macedonia, 2018);
- Training of lawyers on the topic "Criteria for admissibility
of applications to the European Court of Human Rights" organised
by the Council of Europe. Training held live and through the HELP
platform of the Council of Europe (Tirana – Albania and the HELP
platform, 2019);
- Training "Proceedings when determining the needs of victims
for protection against secondary victimization, re-victimization,
retaliation and intimidation during criminal proceedings and Application
of Art. 22 Directive 2012/29 EU" organised by the OSCE (Vršac, 2020);
- Training of Trainers on the HELP platform in the joint
project of the EU and the Council of Europe "HELP for the Western
Balkans" (Novi Sad, 2022);
- Other numerous trainings for representing the rights and
interests of clients, appearing before international courts, organisations
and the European Court of Human Rights.
III. Relevant professional
activities
a. Description of
judicial activities
. Trainee Lawyer from 19.5.2006 until 15.10.2008.
. Attorney at Law registered in
the directory of Attorneys (Bar Association of Belgrade) since 16 October
2008
During his fifteen-year career, he was an attorney in about
3 000 cases. He appeared before all types and instances of courts
in the Republic of Serbia (misdemeanor, basic, higher, appellate,
commercial, commercial appellate, administrative, Special Department
of the Higher Court in Belgrade for war crimes, special department
of the Higher Court in Belgrade for Organised Crime, Supreme Court
of Cassation, Constitutional Court), as well as before most administrative
bodies – ministries, tax administration, inspections, local self-government
bodies, before national arbitrations, in disciplinary proceedings
(High Council of the Judiciary, Medical Chamber, Bar Association).
In about 50 proceedings, he represented the interests of clients
before the Constitutional Court of the RS, and in more than 250
cases before the Supreme Court of Cassation. Participated in drafting
and independently worked on several petitions to the European Court
of Human Rights. In addition, initiated and led proceedings before
other international institutions (Interpol – Europol, Commissioner
for Refugees, Commissioner for Human Rights of the UN).
In terms of the above, from the most significant cases can
be singled out (in accordance with the general importance of the
case and the protection of convention rights at the national level,
as well as the level of the courts and authorities before which
it was presented):
- Part of
the defense team of defense attorney Adv. Mare Pilipović, before
The International Criminal Tribunal for the former Yugoslavia (ICTY)
in the second-instance proceedings (2007);
- Defense for war crimes before the Court of Bosnia and
Herzegovina (2009);
- Defense for war crimes in the "Ovčara" case – Higher Court
in Belgrade, Special Department for War Crimes (2009-2010);
- Large number of cases before the Higher Court in Belgrade
– Special Department for Organised Crime (drug trafficking, illegal
internet casinos, identity theft and forgery of payment cards, murders,
extortion and blackmail, illegal transport of migrants);
- One of the lawyers in the defense team of deceased Oliver
Ivanović for the preparation of the appeal against the verdict for
war crimes before the court in Kosovska Mitrovica. The proceedings
were suspended after the murder of Oliver Ivanović;
- Legal representative of a former high-ranking politician
in Montenegro and his family in cases of confiscation of property
acquired by committing a criminal offense, as well as in other cases (Montenegro);
- He is currently an active defense attorney in the case
of the murder of journalist Slavko Ćuruvija. The case is pending
in the second instance in the Department for Organised Crime of
the Court of Appeal in Belgrade. In that case, the Judgment of the
ECtHR was passed in relation to violations of the rights of the
defendants in relation to Article 5 ECHR;
- Represented in more than ten cases of rehabilitation –
proceedings for annulment of convictions against persons unjustly
punished as opponents of the communist regime after the Second World
War;
- Represented in more than 30 procedures for the return
of property confiscated by the communist regime after the Second
World War (restitution);
- Represented in several proceedings an award-winning documentary
director who suffered mobbing at the workplace (national television)
because of the award-winning documentary film "The Martinović Case"
which deals with the issue of a brutal murder committed out of hatred
on a national basis;
- Protection of the right to a home of a Roma family on
an illegally built building in an unregulated settlement that is
over 30 years old in a city zone designated for other purposes by
the urban plan;
- Protection of the rights of the child and parents, a large
number of cases, of which it is worth highlighting the case in which
the father took the child from the shared house and hid with him
in the forests of Kosovo; international case in which the mother
fled domestic violence from Zagreb – Croatia to the Republic of
Serbia. In that case, international proceedings were conducted under
the Hague Convention on Civil Aspects of International Child Abduction,
as well as a large number of national cases; the mother, with the
help of a social work center worker, illegally takes the child away
from the father and takes him to Montenegro (several civil and criminal
cases); taking children away from their parents based on the fact
that they are both being treated for mental illnesses; the procedure
for issuing a travel document to a hearing-impaired minor of Roma-Albanian
nationality in order to be reunited with his parents and to continue
his education in a special school for hearing-impaired children
in Germany (procedure before the Ministry of Interior and the Minister
of the Interior since the parents could not approach to issue a
travel document); representation of a minor victim in criminal proceedings
for rape; the right to home and family of a single mother evicted
from a rented apartment during the duration of the rental agreement;
the right to support in an adequate amount that corresponds to the
standard of living of the parents with whom the child does not live
for the illegitimate child of a well-known Serbian singer; several
cases against the parents of diplomats employed in the Ministry
of Foreign Affairs due to the determination of proper child support,
as the MSP submitted incorrect documentation on the amount of the
diplomat's income in those cases; the child's right to privacy –
the ban on the publication of the child's image on social networks
by one of the parents and where both parents are public figures;
the right to maintain personal relationships with the children and
the independence of maintaining relationships with the payment of
child support; realization of the basic rights of the newborn in
the mother's country of citizenship while the father obstructs the
realization of those rights (right to citizenship, to home – residence,
right to social and health care); entrusting the child to the father
abroad, after the mother fell seriously ill and became unable to
take care of the child;
- The right to property and the right to work in the process
of illegal demolition of one of the oldest private factories in
Serbia for the construction of a residential complex, during the
demolition of which, in addition to immovable property, all machines,
exhibits from the factory museum, works of art, tools, finished products
and those in production... were destroyed. The case was conducted
before all national instances, currently in the enforcement process;
- Representation of a large number of workers in several
procedures for exercising rights based on work in bankrupt companies;
- Defence of police officers and customs officials in criminal
proceedings for influence peddling, accepting bribes, etc., in which
case 33 persons were accused of these criminal acts;
- Representation of a large number of police officers in
proceedings for the realisation of rights based on work, in a large
number of cases due to less paid wages, as well as rights based
on work after legally binding acquittal of criminal charges;
- Defence of minors in criminal proceedings against minor
perpetrators of criminal acts;
- Representation of a large number of journalists in various
proceedings (judicial and administrative) for the realisation of
labour rights, intellectual property rights and protection of the
right to journalistic freedom;
- Procedures for exercising the right to parole in a large
number of cases, especially in the case of a sentence or detention
in another country (judicial and administrative procedures before
the Ministry of Justice);
- The right to joint testamentary disposition of property
of spouses in order to establish a foundation to help young talents
in the field of natural sciences;
- Protection of the right to privacy in case of inaccurately
published news in the media (the photo attached to the article incorrectly
refers to the family as the perpetrators of a criminal offense with
which they have no connection);
- Defence of a mentally ill person suspected of murdering
his wife by inaction;
- The right to a home (Article 1 of Protocol 1 of the Convention)
in several cases; the wife of a deceased janitor who used the apartment
based on his workplace, protected tenants who, according to earlier laws,
had the right to use state-owned apartments that were subsequently
returned to the heirs of the old owner;
- Representation of a large number of persons injured during
the purchase of apartments under construction, after the bankruptcy
of the construction investor (Association of 1 000 injured persons);
- A large number of cases related to high-tech crime – pornographic
materials created by the abuse of children, creation and spread
of computer viruses, illegal trade on the Internet, computer sabotage, unauthorized
access to computer systems, sabotage of the Internet presentation
of the prosecutor's office for high-tech crime, coercion and blackmail
via the Internet and various others;
- The representative of the heirs of the founder in a large
number of proceedings, both judicial and proceedings for the restitution
of property confiscated after the Second World War, especially related
to the ownership rights of the most famous Serbian daily newspaper
"Politika", the copyright on the trademark of that daily newspaper,
changes to the font of the daily newspaper's header and other;
- Representation of a person after deportation on the grounds
of rejection of an asylum request in Norway on the basis of abuse
in Serbia due to belonging to the LGBT community, and due to the
absence of mandatory assistance from Serbia upon return to Serbia;
- Number of actions due to discrimination: in the workplace,
discrimination based on the University completed when receiving
a state scholarship; discriminatory court rulings that place a party
in one procedure in a discriminated position in relation to parties
in other identical procedures;
- Criminal proceedings with an international element: extraditions
for conducting criminal proceedings, extraditions for the purpose
of serving a sentence, counting detention in a foreign country,
extradition detention, recognition of a foreign court decision and
execution of a sentence determined by a foreign judgment, cancellation
and erasure of an international warrant, extradition of persons
facing various charges multi-state criminal proceedings, primary
jurisdiction for conducting criminal proceedings, US jurisdiction
over wanted persons who have flown over US airspace in commercial
traffic and for which an emergency landing to a US airport has been
ordered;
- Unauthorised use of a video from a treatment session of
a person addicted to narcotics for the purpose of advertising a
rehabilitation institution;
- Defense and representation of the representative of the
political party of the minority nation in the procedure initiated
for its removal from the minority parliamentary list;
- Representation of officials in proceedings regarding an
alleged conflict of interest before the Anti-Corruption Agency;
- Representation of national television in several court
and arbitration proceedings;
- Representation of the victim in criminal proceedings regarding
the unauthorised publication of intimate recordings on the Internet
– several cases;
- Damaging business reputation of a client – multinational
company through social networks by spreading fake news and misinformation;
- Several cases regarding mobbing in the workplace: kindergarten
teachers, several doctors in renowned state clinics, an official
in charge of European integration and protection against discrimination
in a ministry;
- Defense in criminal proceedings and representation in
civil proceedings of persons with developmental delays for bodily
injury inflicted on a police officer;
- Compensation for damages against the state due to serious
bodily injuries received while serving a sentence, when another
person tried to take his own life by jumping from a height and fell
on the victim;
- Representation of the Bar Association of Serbia in proceedings
related to high-tech crime;
- Representation of a person exposed to police brutality
and inhuman treatment during arrest;
- Violation of property rights of third parties in enforcement
proceedings where enforcement is carried out on immovable property
owned by third parties, who have not entered the ownership rights
in the cadastre before enforcement begins;
- Procedures for exercising the right to citizenship, as
well as procedures for dismissal from citizenship;
- Breakthrough of the legal practice related to cryptocurrencies
in Serbia in relation to the establishment of companies in which
cryptocurrency was entered as a founding contribution;
- Restitution of property taken from Jewish families during
the German occupation in the Second World War, which property was
later confiscated by the communist regime in Yugoslavia at the time;
- Litigation for insult between two high-ranking politicians
in Serbia, who exchanged several controversial and harsh statements
in two television shows – is it protected speech;
- Defense of a person who was prosecuted for the sale of
narcotics without evidence, held in custody for 9 months in order
to be forced to sign a plea agreement;
- Several proceedings before all instances due to discrimination
on the basis of nationality – boycott of the factory's products
because the owner of the factory is of Albanian nationality;
- Defamatory speech on social networks in which a person
is falsely labeled as a homophobe;
- Loss of employment rights due to subsequent changes in
by-laws;
- Criminal proceedings due to the Serbia-Montenegro interstate
corruption affair;
- Freedom of expression on social networks related to the
current topic at that moment – domestic violence, where the ex-partner
files a lawsuit for insult due to a text in which his ex-partner
writes about her experience with violence in the partner community,
without giving any information about the abuser, but he recognizes
himself in the text and files a lawsuit;
- Legal expertise of the international franchising agreement
of the largest news outlet in Europe with a local partner in Serbia.
The given legal expertise was also presented in the bodies of the
European Union;
- Member of the delegation in the capacity of legal advisor
of the Regulatory Body for Electronic Media of the Republic of Serbia
in discussions with the Regulatory Body of Luxembourg – ALIA regarding
the resolution of jurisdictional issues in relation to media with
cross-border broadcast programs (Luxembourg, 2021);
- Peer violence in elementary school, and after the child
changed school because of it, verbal attacks by teaching staff on
parents;
- Worked as Data Protection Officer (DPO) for a local branch
of a multinational company for six years;
- In a large number of cases, he gave legal opinions, advice,
analysis of the situation, related to the protection of personal
data, both at the handler and at the processor of personal data.
b. Description of
non-judicial legal activities
In addition to his primary practice as an attorney, Vladimir
Marinkov devoted about 20% of his time annually to the education
of others, primarily attorney and attorney trainees, but also other
lawyers, as well as interested professionals who perform tasks in
which they need specific knowledge in certain legal fields. Vladimir Marinkov
began his teaching experience in 2015 and has undergone all the
appropriate training for adult education.
- Lecturer at the AKS Bar Academy
at the Department of Criminal Law (2016-);
- Preparation of trainees to take the bar exam in criminal
law on the following topics: Basic characteristics of a criminal
offense, Basics of exclusion of illegality, Basics of exclusion
of guilt, Complicity and forms of complicity, Criminal sanctions,
Penalties in the criminal legislation of Serbia, Method and criteria
for determining punishment, Warning measures, Security Measures,
Educational measures, Confiscation of property due to benefits obtained
from a criminal act, Indictment of criminal acts, Measures to ensure the
presence of the accused and the smooth conduct of criminal proceedings,
Pre-investigative procedure, Opportunity – Postponement of criminal
prosecution, Investigative procedure, (about 50 lectures held so
far, Lectures held at to the Bar Association of Serbia and the regional
Bar Associations of Belgrade, Niš, Čačak, Bujanovac
(Bujanovac with the organization and support of the OSCE) (2016-.);
- Continuous education of attorneys on the topic of protection
of human rights on the Internet and high-tech crime. About 10 lectures
were held in total. Lectures held at the Bar Association of Serbia,
Belgrade for all regional chambers) (2016-);
- The Bar Academy of the Bar Association of Serbia in cooperation
with Partners for Democratic Changes Serbia – Raising the competencies
of criminal defense. Training
of lawyers on the topics of opening statements, direct and cross-examination
and closing arguments. Training intended for all attorneys, with
an emphasis on young ones. Held 4 two-day trainings (2016), (mentoring
work with students who participated in the Moot Court competition,
within this program, Preparation of part of the script, and presentation
of the closing arguments in the educational film, which accompanies
the training, within this program);
- Raising the competencies of criminal defense. After the
completion of the project in co-operation with Partners for Democratic
Changes Serbia, the Bar Academy of the Bar Association of Serbia
continues independently with the project and training. Training
on the topics of introductory presentations, direct and cross-examination
and closing arguments. (held 3 two-day trainings and a larger number
of one-day trainings according to that curriculum) (2016-);
- The Bar Academy of the Bar Association of Serbia in co-operation
with ABA ROLI. Raising the competencies of criminal defense. Training
intended for attorneys. The topics on which the candidate held trainings
are Pre-Investigation, Investigation Procedure, Evidence and Indictments.
3 four-day trainings were held. (2018-2019), (Handbooks were created
in this project, and the candidate is the author of two Handbooks
in the area of Pre-Investigation and Investigation Procedures and
Evidentiary Actions, After the individual Handbooks, the co-authored
book "Handbook of representation skills in criminal proceedings
– for lawyers" was written as part of this project, with the data
listed in this CV under the heading "Publications and other works");
- The Bar Academy of the Bar Association of Serbia in co-operation
with OSCE. Protection of the rights of victims in criminal proceedings.
Training intended for attorneys and attorney trainees. Held training
on the subject of property claims of victims and injured parties
in criminal proceedings. 9 training sessions lasting 1.5 days were
held (Čačak, Vršac, Novi Sad, Belgrade, Subotica, Novi Pazar, Niš,
2021-2022);
- Guest lecturer at the Faculty of Law of the University
of Belgrade with the topic "Legal aspects of information security
and internet presence" (Belgrade, 2014);
- Lecturer at the seminar "High-tech crime and challenges
of information security" on the topic of high-tech crime and protection
of information security on the Internet. Seminar held at the Faculty
of Law of the University of Belgrade organised by the Open Link
Group (NGO) and the Faculty of Law UB (Belgrade, 2015);
- Guest lecturer at the Law Faculty of the University of
Niš on the topic of Protection of Human Rights on the Internet and
High-tech Crime (Niš, 2015);
- Guest lecturer at the Faculty of Security, University
of Belgrade. Lectures held as an external part-time associate –
expert in criminal law, high-tech crime and personal data protection;
- Academic Master studies "Security Science" within the
subject High-tech crime and cyber security, with the topics Protection
of human rights on the Internet and High-tech crime. Six classes
were held during three school years: 2020/21, 2021/22 and 2022/23
(2020-);
- Guest lecturer at the Faculty of Security of the University
of Belgrade for master's studies on the topic of Protection of the
right to privacy and protection of personal data (2022);
- Guest lecturer at the Faculty of Security of the University
of Belgrade on postgraduate specialist studies on the topic of Protection
of the right to privacy and protection of personal data (2022);
- Lecturer at the Security Faculty of the University of
Belgrade on a short study program entitled "Training of Managers
for the Protection of Personal Data" (DPO), on the topic of the
rights of the persons to whom the data relates in connection with
the processing of personal data. During the short study program,
he was engaged in conducting theoretical and practical classes,
creating teaching materials and preparing tests to check the knowledge
of the participants. Engagement during the school years 2020/21,
2021/22 and 2022/23 (2020-);
- CoE – JUFREX project, certified trainer (Freedom
of Expression) (2016-). Training intended for attorneys – the counterpart
training for judges and prosecutors is conducted through the Judicial Academy;
- Participation in about 15 JUFREX project conferences in
the region (Albania, Bosnia and Herzegovina, North Macedonia, Serbia,
Montenegro);
- Training for attorneys from Serbia on Article 10 of the
ECHR. The trainings were conducted as two- and three-day interactive
workshops, where the candidate covered the following topics: Basic
principles, Conditions for limiting freedom of expression, Freedom
of expression and the Internet, Positive obligations of the state,
Protection of journalistic sources and whistleblowers, Encouraging
a favorable environment for journalism and avoiding impunity. In
addition, as a trainer, the candidate designed and developed tasks,
questions, case studies and led interactive sessions. During the
second phase of the JUFREX project, around 10 attorney trainings
were held (2016-2022);
- CoE certified tutor on the HELP platform (2022). HELP
tutors are not tied to one topic, and the currently assigned module
is "GDPR and personal data protection" (2022);
- Lecturer at trainings organised by Forum Media DOO. Training
intended for inhouse lawyers at companies, the IT sector and responsible
persons or persons in charge of personal data protection;
- Employee Control at the workplace by the employer. Covered
topics: Legal framework, relationship between the Serbian Personal
Data Protection Act and GDPR, Video surveillance, entry and exit
control, control of computers and other devices, control of telephone
communication, control of e-mail, control of digital communication,
GPS control of vehicles, Biometric control of employees, Social
networks activity control, legality and usefulness of collected
materials. Held a total of about 20 one-day trainings – general
and in-house (2016-2023);
- Information security and protection of data stored in
information systems (IT audit). The topics covered are the Law on
Information Security, accompanying by-laws, Act on Security of IT
Systems, Submission of data on incidents, IT systems of special
importance, Protection measures of IT systems of special importance,
Legal protection of data and procedures in case of breach of protected
data. Held 9 three-day trainings (2017-2020);
- Expert in IT security and data protection. The topics
covered are the Law on Information Security, Legal Sources, The
question of the application of national law in specific cases, Domestic
legislation with an analysis of specific legal solutions, Rules
and standards in the field of data protection, Methods of control and
assessment of legal risks and the protection of sensitive and confidential
data, Judicial practice, Legal protection of data and procedures
in case of violation of protected information. Held 7 three-day workshops
(2016-2018);
- Lecturer at trainings organised by Kurs Kreator DOO –
Control of employees at the workplace by the employer. Training
intended for inhouse lawyers at companies, the IT sector and responsible
persons or persons in charge of personal data protection. Covered
topics: Legal framework, relationship between the Serbian Personal
Data Protection Act and GDPR, Video surveillance, entry and exit
control, control of computers and other devices, control of telephone
communication, control of e-mail, control of digital communication,
GPS control of vehicles, Biometric control of employees, social
networks activity control, legality and usefulness of collected
materials. Held a total of about 20 one-day trainings – general
and in-house. Three one-day trainings were held (2022-2023);
- Member of the permanent work
group of the Bar Association of Serbia for changes in criminal legislation.
Work on proposals for amendments to the Criminal Code and the Criminal
Procedure Code, both through the initiatives of the Bar Association,
and through comments and proposals for amendments to drafts and
proposals for amendments to those laws (2018-);
- Disciplinary judge of the Disciplinary Court of the Belgrade
Bar Association. President of the panel of three disciplinary judges
and member of two panels. Conducting proceedings to determine the
existence of a violation of the Law on Advocacy, the Statute of
the Bar Association of Serbia, the Bar Association of Belgrade and
the Code of Professional Ethics of Lawyers. During his mandate,
he participated in about 20 disciplinary procedures. All the judgments
of the panel of which he was the president were confirmed in the
second instance (2018-2022);
- National expert of the Council
of Europe in the field of freedom of expression;
- OSCE expert for the protection
of the rights of victims in criminal proceedings;
- Participant in the conference organised by RNIDS (Register
of the National Internet Domain of Serbia) – Legal protection on
the Internet (with special reference to the right to privacy) (2013);
- E-security conference – participant of the round table
on the topic of privacy protection on the Internet (2018);
- Speaker and panelist at the conference "Security and data
protection – 2018" organised by Forum Media DOO. Topic "Expected
changes and directions of development of the Personal Data Protection
Act” (Belgrade, 2018);
- Speaker and panelist at the conference on the occasion
of the adoption of the new Personal Data Protection Act in Serbia
with the topic "Harmonization with the EU General Data Protection
Regulation (GDPR)" (Belgrade, 2018);
- Over 100 media appearances in printed media (Politika,
Večernje Novosti, Novi Sad Dnevnik, Danas, B92...), online media
and portals (Telegraf, Mondo...), television (RTS, N1, Nova, Happy...),
radio (Radio Belgrade 1, Radio Beograd 2, Radio 202...) as a legal
expert, especially on the topics of criminal law, high-tech crime,
protection of personal data, protection of children's rights, protection
of property, inheritance, enforced execution, right to privacy,
protection of freedom of expression, etc.;
- In one of the oldest and most widely circulated daily
newspapers in Serbia, "Večernje Novosti", in the periodical segment
that deals with legal issues of interest to the reader, he was one
of the most frequently invited lawyers to give expert opinions on
the topics and questions of the readers;
- Lecturer at a webinar organised by the Register of National
Internet Domains of Serbia (RNIDS) on the topic of Personal Data
Protection of Internet Business Clients (2023);
- Participant of the panel organised by the Center for Civic
Education (Podgorica, Montenegro) at the conference "Review of 11
years of Progress and Challenges, How to Revive Negotiations With
the EU" on the topic of negotiation chapters 23 (Judiciary and fundamental
rights) and 24 (Justice, freedom and security), with other participants
Jakov Milatović – President of Montenegro, Oana Cristina Popa –
EU Ambassador in Montenegro, Daliborka Uljarević – Executive Director
of CGE-CCE, Vladimir Novović – Chief Special Prosecutor in Montenegro,
Miodrag Iličković – retired judge of the Constitutional Court of Montenegro
and Bojana Franović Kovačević – attorney from Podgorica (Podgorica
– Montenegro, 2023).
c. Description of
non-legal professional activities
- Member of the non-governmental
organisation E-security/E-sigurnost (eSigurnost is a non-profit association
formed in February 2016. It consists of professionals in the field
of IT security who are gathered around the general vision and intention
to raise the importance, role, and awareness of information security,
as well as knowledge on the topic of cyber-crime);
- Member of the Council of the
Faculty of Law of the University of Belgrade (2019-) The
Council of the Faculty of Law is the "Directing Management Body"
along with the Management Body (dean and vice-deans), professional
bodies and the Student Parliament. The council has 27 members who
are elected for 4 years. Members of the Council of the Faculty of
Law make decisions by majority vote and it is within their competence
that the Council: adopts and changes the Statute of the Faculty;
elects and dismisses the dean; adopts the financial plan of the
Faculty; approves the business report and annual accounting; adopts
the plan for using funds for investments; gives consent to decisions
on the management of the Faculty's property; gives consent to the
distribution of financial resources; makes a decision on the amount
of school fees; submits to the Government of the Republic of Serbia,
at least once a year, a report on the Faculty's operations; selects
the external auditor of the Faculty's financial operations; makes
a decision on the formation of internal organizational units; makes
a decision on the establishment or abolition of chairs; makes a
decision on the establishment of an organizational unit or a separate
legal entity whose goal is the commercialization of the results
of scientific research work; appoints management bodies, i.e. representatives
in the management bodies of legal entities whose founder is the
Faculty, or which are entrusted with the management of the Faculty,
and performs other tasks related to founding, i.e. management rights
in those legal entities, in accordance with the law; adopts the
Rules of Procedure of the Council, which regulates the management
and the way of work in more detail; performs other tasks in accordance
with the law, this Statute and other general acts of the Faculty.
IV. Activities and
experience in the field of human rights
- The candidate, as a
long-time lawyer, participated in a large number of court cases
in which the fundamental issue was the violation of human rights,
or the issue stemmed from the previous actions of state authorities
towards the client (criminal proceedings, proceedings to determine
discrimination, freedom of expression, mobbing, protection of whistleblowers...,
as well as in proceedings before the highest national and supranational
instances regarding violations of guaranteed human rights, as illustrated
in point IIIa.
- The candidate devoted a good part of his time to educating
others in the field of human rights, especially in relation to the
protection of human rights and the right to privacy, specifically,
on the Internet. Emphasis is placed on the education of the professional
public – other attorneys primaraly, but also judges and prosecutors,
as it was stated above under point IIIb.
- The applicant achieved special work on the protection
of human rights within the framework of the national legal system
through his participation in the Permanent Working Group of the
Bar Association of Serbia on changes to criminal legislation, whose
role is to give the opinion of the legal profession to the legislator,
in relation to all proposed changes in the corpus of criminal law
legislation, as well as proposing new amendments to the law in order
to further improve the protection of human rights in criminal proceedings
– namely, both the rights of the accused as well as the victims,
as participants in criminal proceedings
- He is actively involved in the protection of freedom of
speech and expression through his legal practice, but also through
his position as a national expert of the Council of Europe and a
trainer in that field, as described in points IIIa and IIIb.
- Also, he stands out as one of the first experts in Serbia
in the field of personal data protection among attorneys, and in
this sense, he is often professionally engaged as a Data Protection
Officer, consultant in the field of personal data protection, but
also an educator in this field, as mentioned in points IIIa and IIIb.
V. Public activities
N/A
VI. Other activities
N/A
VII. Publications
and other works
- Professional magazine
"Advokat", no. 2, year I, October 2013, p. 42-43 "Cybercrime in
Serbia"
- Two manuals (handbooks), in the field of pre-investigation
and investigative procedure and evidentiary actions, prepared for
the needs of the project "Raising criminal defense competences"
(2018)
- "Manual on Representation Skills in Criminal Proceedings
– for Lawyers", co-author, 2019, publisher ABA ROLI, CIP cataloging
National and University Library "St. Kliment Ohridski" Skopje, North Macedonia
343.1(497.11)(035)
- "Guide to the Rules and Procedures in the Field of Employment
for the Introduction and Use of Video Surveillance and Electronic
Control of Employees at the Workplace, with a Collection of Acts"
2017, publisher Forum Media DOO
- Collaborator on the book “History of the Serbian Bar Association
IV”, group of authors, 2012, publisher AKS, CIP cataloging National
Library of Serbia no. 347.965(497.11)
- Collaborator on over 10 books authored by Adv. Veljko
Guberina, with the theme of prominent court cases ("I defended...",
autobiographical series of 10 books "Svedok istorije")
- Long-term collaborator on the periodic cross-section of
the state of the rule of law in the world on the international project
"World Justice Project" with a report on the state of the rule of
law in the past year in Serbia in the field of criminal, constitutional
and civil matters for the "World Justice Project Rule of Law Index"
(2014) -)
VIII. Languages
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Language
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Reading
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Writing
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Speaking
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very good
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good
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fair
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very good
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good
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fair
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very good
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good
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fair
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a.
First language:
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Serbian
|
X
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|
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X
|
|
|
X
|
|
|
|
(Please
specify)
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|
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|
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b.
Official languages:
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|
|
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– English
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X
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|
|
X
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|
|
X
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|
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|
– French
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|
|
X
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X
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X
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c.
Other languages:
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Russian
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X
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X
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X
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Bosnian-Croatian-Serbian
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X
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X
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X
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IX. In the event
that you do not meet the level of language proficiency required
for the post of judge in an official language [the second], please
confirm your intention to follow intensive language classes of the
language concerned prior to, and if need be, also at the beginning
of, your term of duty if elected a judge on the Court
The candidate has a passive knowledge of the French language
and is currently actively working on improving his knowledge of
that language and intends to reach a high level of knowledge and
use of that language by the date of the start of the mandate of
the next judge of the European Court of Human Rights from Serbia.
In that sense, I declare that I am attending and will continue
to attend intensive French language courses before the start of
my mandate, and if necessary, after the start of my mandate as a
judge of the European Court of Human Rights, if I am elected as
a judge of that Court, until reaching the required level of knowledge
of French language.
X. Other relevant
information
XI. Please confirm
that you will take up permanent residence in Strasbourg if elected
a judge on the Court
I hereby confirm that I will take up permanent residence in
Strasbourg, France, in the event that I am elected as a judge of
the European Court of Human Rights.
Appendix 2 – Curriculum
vitae of Nataša Plavšić
I. Personal details
Name, forename: PLAVŠIĆ, Nataša
Sex: female
Date and place of birth: 4 September 1978, Novi Pazar
Nationality: Serbian
II. Education and
academic and other qualifications
Academic qualifications
- PhD
in Public International Law, PhD thesis: „Protection of individuals
before the Human Rights Committee and the European Court of Human
Rights”, Belgrade Faculty of Law, Serbia, September 2016
- Diplomatic Academy, Ministry of Foreign Affairs of the
Republic of Serbia, July 2012
- Master (LL.M.) in Public International Law, Master thesis: „Protocol No 14 to the Convention for the Protection
of Human Rights and Fundamental Freedoms”, Belgrade Faculty
of Law, Serbia, April 2009
- Bar exam, Ministry of Justice of the Republic of Serbia,
February 2005
- Bachelor's Law Degree, International Public Law, Belgrade
Faculty of Law, Serbia, 1997-2002
Other qualifications in the field of human rights
- Matra PATROL Programme – Access
to Justice T.M.C. Asser Institute, The Hague, The Netherlands, March
2014
- Study visit at the European Court of Human Rights, Strasbourg,
France, September – December 2011
- Study visit at the European Court of Human Rights, Strasbourg,
France, September – December 2009
- Summer School on Comparing Constitutional Adjudication,
Faculty of Law, Trento, Italy, July-August 2008
- Human Rights School for Lawyers Human Rights Centre, Opatija,
Croatia, September 2004
- The Regional Advanced Programme on Human Rights, Raoul
Wallenberg Institute, Lund, Sweden, April-May 2004
III. Relevant professional
activities
a. Description of
judicial activities
- Constitutional
Court Judge may 2019 – present
b. Description of
non-judicial legal activities
- Agent of the Republic
of Serbia before the European Court of Human Rights, January 2016
– May 2019
- Head of the Department for Constitutional Appeals and
Appeals, 2013-January 2016
- Advisor with the Constitutional Court, 2012-2013
- Senior Legal Advisor at the Constitutional Court, 2010-2012
- Legal Advisor at the Constitutional Court, 2007-2010
- Junior Legal Advisor at the Constitutional Court, 2005-2007
- Intern at the Constitutional Court, 2002-2004
c. Description of
non-legal professional activities
None
IV. Activities and
experience in the field of human rights
As the Agent of the Republic of Serbia before the European
Court of Human Rights, I prepared observations for complex cases
related to the protection of rights and freedoms guaranteed by the
Convention, including the right to life, the prohibition of ill-treatment,
the right to respect for private and family life, and freedom of expression.
In addition, as the Agent of the Republic of Serbia, I coordinated
the process of the execution of judgments of the Court at the national
level and prepared reports and action plans, thus protecting the
rights of parties that succeeded before the Court and promoting
the importance of proper execution of Court decisions and judgments
at the national level in co-operation and dialogue with all parties
involved. Also, in the capacity of the Government Agent, I represented
the Republic of Serbia in seven debates before the Committee of
Ministers.
As the judge of the Constitutional Court, I decide on the
most complex cases related to the protection of the rights of individuals
in all court proceedings – civic, criminal, and administrative.
In performing my duties as a judge, I always try to strike a fair
balance between the need to protect the basic rights of individuals,
on the one hand, and the public interest in limiting certain rights,
on the other. In presenting my arguments, I primarily rely on the
case law of the European Court of Human Rights.
I obtained my LL.M. and PhD degrees in the field of mechanisms
for the protection of human rights. My theses were related to the
protection of human rights that is ensured before the European Court
of Human Rights.
In the course of 2009 and 2011, I spent three months each
year at the internship at the European Court of Human Rights, for
professional development, where I worked on the preparation of the
Court’s decisions. In addition, in July 2012, I graduated from the
Diplomatic Academy of the Ministry of Foreign Affairs.
I attended, both in Serbia and abroad, numerous professional
and specialised training programmes, summer schools, and seminars
in the field of human rights and the relationship between the national
and international systems of the protection of human rights, listed
in Part II.
I am the author of many published professional and scientific
papers and articles in the fields of human rights and constitutional
law, as well as protection of rights rendered by the constitutional
courts and protection rendered by systems established on the basis
of the European Convention, listed in Part VII.
I am actively engaged in human rights training programmes
organised in the Republic of Serbia by the Council of Europe Office,
the Judicial Academy, the Diplomatic Academy, and USAID for a wide
range of participants, from students of law faculties to judges
of general and special courts. I took part and delivered presentations at
numerous scientific and professional conferences and meetings in
the field of human rights protection, both in Serbia and abroad
– listed in Part IV.
a. Activities and
experiences at the Council of Europe level
Speaker/Lecturer
- Representing
the Republic of Serbia before the Committee of Ministers of the
Council of Europe in seven debates in the enhanced proceedings cases Zorica Jovanović v Serbia (case
of “missing babies”) Ališić and others
v. Serbia and others (“old currency savings” case), Strasbourg,
France
- HELP program “Strengthening the effective legal remedies
to human rights violations”, lecture on topic “Reasoning of court decisions and human rights
– Practice of the Constitutional Court of Serbia”, 6 December
2022, Belgrade, Serbia
- Seminar for the Constitutional Court advisers “Compensation
in the cases of human rights violations – case-law of the European
Court of Human Rights and domestic courts”, lecture on topic “The relationship between the practice of the
European Court of Human Rights and the Constitutional Court”,
31 May 2022, Belgrade, Serbia
- Third Meeting of the Horizontal Facility II Beneficiary
Steering Committee, Speaker at the thematic breakout group ensuring
justice on the action “Strengthening
effective legal remedies to human rights violations in Serbia”,
10 February 2022, Belgrade, Serbia
- Online seminar for students of the law faculties in Serbia
“National mechanisms for the protection of human rights“, lecture
on topic “National mechanism for the
protection of human rights with special focus on protection before
the Constitutional Court”, 4 December 2021
- Second Meeting of the Horizontal Facility II Beneficiary
Steering Committee, Speaker at the thematic breakout groups – Exchange
on the ongoing actions: Theme 1: Ensuring Justice – action „Strengthening the effective legal remedies
to human rights violations in Serbia”, 9 March 2021,
Belgrade, Serbia
- Seminar for presidents and judges of appellate, higher
and basic courts “Right to a trial within reasonable time with special
focus on recent case-law of the European Court of Human Rights lecture
on topic “Protection of the right to
a trial within reasonable time from the perspective of the Constitutional
Court and its case-law”, 11 December 2019, Belgrade,
Serbia
- Conference on International Co-operation in Criminal Matters:
Human Rights Perspective, lecture on topic “Mutual legal assistance
in view of the case-law and execution of judgements of the European Court
of Human Rights in relation to Serbia”, 13 May 2019, Belgrade, Serbia
- Final Meeting of the Horizontal Facility Steering Committee,
Belgrade, Speaker at the Thematic Workshop Ensuring Justice on the
action “Supporting effective remedies
and mutual legal assistance”, 6 March 2019, Belgrade,
Serbia
- Regional Conference "Obligation to execute judgements
of the European Court of Human Rights", lecture on topic "Experiences
of the Republic of Serbia in the procedure of execution of judgements
and decisions of the European Court of Human Rights", 31 January
2019, Podgorica, Montenegro
- Expert meeting on the Execution of the European Court
of Human Rights judgements in relation to Serbia – Obligations of
courts and prosecutors’ offices in light of the judgement in the
case Zorica Jovanović v. Serbia,
lecture on topic “Measures undertaken
by the Republic of Serbia in order to establish effective legal
remedy for execution of the judgement in the case Zorica Jovanović
v. Serbia”, 28 January 2019, Belgrade, Serbia
- Round table on the mechanisms for the execution of the
European Court of Human Rights judgements in relation to Serbia-Challenges
and the Way Forward, lecture on topic “Execution
of judgements of the European Court of Human Rights in relation
to Serbia – current state of affairs and challenges”, 23 November
2018, Belgrade, Serbia
- Joint training for presidents and judges of basic and
commercial courts and State Attorney’s Office „Trial within reasonable
standard – ECtHR case law and implementation within national legislation“,
lecture on topic “Right to a trial within reasonable time- reasonable
time and right to a trial within reasonable time as an autonomous
concept”, 29 October 2018, Kragujevac, Serbia
- High-Level Ministerial Conference “Continued Reform of
the European Human Rights Convention System – Better Balance, Improved
Protection”, presentation on topic “Copenhagen
Declaration and obligation of the Republic of Serbia”,
11-13 April 2018, Copenhagen, Denmark
- Conference “Right to a Fair Trial within Reasonable Time
and the Compensation for the Violation of the Right: Jurisprudence
of the European Court of Human Rights and National Courts”, lecture
on topic “Length of proceedings and the
level of compensation for the violation of the fair trial standards
in cases against the Republic of Serbia before the European Court
of Human Rights”, 3 April 2018, Belgrade, Serbia
- Training for trainers for public prosecutors and deputy
prosecutors “Standards of the European Convention on Human Rights
and practice of the European Court of Human Rights in the application
of Article 3 of the Convention – Prohibition of torture, inhuman
and degrading treatment or punishment”, lecture on the topic “Presentation of cases against the Republic
of Serbia before the European Court of Human Rights relating to
Article 3 of the Convention and the obligation to execute judgements”, 28 February
2018, Belgrade, Serbia
- Meeting of the members of the PACE Committee on Legal
Affairs and Human Rights and MP of the Serbian National Parliament,
presentation on topic “Execution of judgements
of the European Court of Human Rights in the Republic of Serbia”,
18 May 2017
Participant
- International
Conference of the Supreme Court of Cassation “Implementation of
the European Convention on Human Rights – practices and challenges
of the courts in Central and South-East Europe”, moderator on topic
“Acquisition and deprivation of property
rights – principles of good faith”, 15-16 September 2022,
Belgrade, Serbia
- Conference “European Convention on Human Rights – 70 years
of advancing human rights”, 4 November 2020, Belgrade, Serbia
- Round table “Presentation of Needs assessment report in
respect to the execution of the European Court of Human Rights judgements
in relation to Serbia”, 30 October 2020, Belgrade, Serbia
- International Conference “Tackling ill-treatment by police:
addressing challenges revealed by judgements of the European Court
of Human Rights and by other Council of Europe bodies”, 18 October 2019,
Bečići, Montenegro
- Member of the Delegation of the Republic of Serbia in
bilateral meetings with Representatives of the Council of Europe,
Directorate for Human Rights, 18 and 19 February, 2019, Belgrade,
Serbia
- High-Level Expert Conference “Implementation of Copenhagen
Declaration”, 31 October – 2 November 2018, Kokkedal, Denmark
- Round table about the results of the research on “References
made by judges, judicial advisers and judicial assistants to the
European Convention on Human Rights and the case law of the European
Court of Human Rights”, 23 October 2018, Belgrade, Serbia
- Working meeting between Department for the execution of
the ECtHR judgements and Supreme Court of Cassation, Republic Public
Prosecutor’s Office and Appellate Court in Belgrade, 26 December
2017, Belgrade, Serbia
- High-Level Expert Conference “2019 and Beyond: Taking
Stock and Moving Forward from the Interlaken Process”, 22-24 November
2017, Kokkedal, Denmark
- Inaugural meeting of the Serbia Steering Committee of
the Joint Programme of the European Union and Council of Europe
“Horizontal Facility for the Western Balkans and Turkey”, 12 May
2017, Belgrade, Serbia
b. Other activities
and experiences in the field of human rights
- 23rd International Conference
of Chief Justices of the World on subject “Uniting the World for
Children through Enforceable World Law and Effective Global Governance”,
lectures on topics “Creating and strengthening
awareness of the need to protect human rights” and “Rights of Children”, 16-22 November 2022,
New Delhi and Lucknow, India
- Diplomatic Academy “Koča Popović” at the Ministry of Foreign
Affairs of the Republic of Serbia, lectures on topics “Human rights
and the European Court of Human Rights”, “Constitutional judicial
protection of rights and freedoms and the Constitutional Court”,
“Rule of law and protection of human rights and freedoms”, 2023,
2022 and 2021, Belgrade, Serbia
- Online training for judges and judicial advisers of the
Administrative Court organised by the Judicial Academy and OSCE,
lecture on topic “Right to a fair trial,
administrative dispute, taxes and the Law on determining the origin
of property and special tax”, July 2021, Belgrade, Serbia
- Online seminar of the Student Club of the Faculty of Law
in Belgrade, lecture on topic “Constitutional appeal
and practice of the Constitutional Court”, 21 May 2021,
Belgrade, Serbia
- Conference “Constitutional appeal in the Republic of Serbia
– scope and limitations”, organised by the Center for Public Law
Foundation and the Society of Judges of Serbia, lecture on topic “The jurisprudence of the European Court of
Human Rights in the constitutional appeal proceedings before the
Constitutional Court”, 29 November 2019, Belgrade, Serbia
- Regional Conference of constitutional courts “Separation
and balance of power – Independence of Constitutional Courts”, lecture
on topic “Normative and concrete requirements
for the independence of the Constitutional Court – experiences of
the Republic of Serbia”, 5-7 June 2019, Podgorica, Montenegro
- Conference organised by the Ministry of Justice, USAID
and the Chamber of Public Enforcement Agents “Efficient and fair
enforcement: harmonisation of practice”, presentation on topic “Efficient and fair enforcement – European standards
of civil enforcement”, 14 May 2019, Belgrade, Serbia
- Sixth Annual Regional Rule of Law Forum for South East
Europe organised by AIRE Centre and Civil Rights Defenders on the
topic “Children and the European Court
of Human Rights”, 22 and 23 March 2019, Dubrovnik, Croatia
- The National Network for the Protection of Human Rights
in the Republic of Serbia within the project “Support to strengthening
the capacity of the Judicial Academy”, lecture on topic “The importance of implementing the European
Court of Human Rights standards”, 24 and 25 January and
8 June 2018, Belgrade, Serbia
- Annual Conference of Judges of the Republic of Serbia
“Judicial days – 2018”, lecture on topic “Current case
law of the European Court of Human Rights concerning Republic Serbia”,
8-10 October 2018, Vrnjačka Banja, Serbia
- VIII St. Petersburg International Legal Forum, 15-19 May
2018, St. Petersburg, Russian Federation
- Fifth Annual Regional Rule of Law Forum for South East
Europe organised by AIRE Centre and Civil Rights Defenders on the
topic “The prohibition of torture, inhuman
or degrading treatment or punishment in Article 3 ECHR – case law
from the countries in the region”, 16 and 17 March 2018,
Skoplje, North Macedonia
- Annual Conference of Judges of the Republic of Serbia
“Judicial days – 2017”, lecture on topic “Current case
law of the European Court of Human Rights concerning Republic Serbia”,
5-7 October 2017, Vrnjačka Banja, Serbia
- Regional Conference of Constitutional Courts “Constitutional Protection in Criminal matters”,
20-22 July 2017, Zlatibor, Serbia
- Fourth Annual Regional Rule of Law Forum for South East
Europe organised by AIRE Centre and Civil Rights Defenders on the
topic “Keeping the balance: freedom of
expression and justified restrictions – how national judges apply
the jurisprudence of the European Court of Human Rights”,
17 and 18 March 2017, Tirana, Albania
- Seminar organised by Glosarijum, lecture on topic "Constitutional protection of the rights of
civil servants", 24-26 October 2016, Vrnjačka Banja,
Serbia
V. Public activities
a. Public office
None
b. Elected posts
- Member of the CDDH Committee
for Human Rights of the Council of Europe, from 2016 to 2019
- Member of the CH-SYSC expert Committee of the Council
of Europe on the System of the European Convention on Human Rights,
from 2016 to 2019
- Member of the CH-SYSC II expert Committee on the long-term
future of the Convention System, from 2017 to 2019
- Member of the Steering Committee
of the action “Strengthening the effective legal remedies to human
rights violations”, the action is being implemented within the joint
European Union-Council of Europe programme “Horizontal Facility
for the Western Balkans and Turkey 2019-2022”, 2019-ongoing
- Member of Advisory Group on
effective legal remedies to human rights violations in Serbia, within
the action “Strengthening the effective legal remedies to human
rights violations in Serbia”, 2019-ongoing
- Member of the Steering Committee of the action “Supporting
effective legal remedies and mutual legal assistance”, the action
was implemented within the joint European Union-Council of Europe
programme “Horizontal Facility for the Western Balkans and Turkey-
Phase I”, 2017-2019
- Member of the Advisory Board of the action “Supporting
effective legal remedies and mutual legal assistance”, 2017-2019
- Member of the Working Group for the Execution of the European
Court of Human Rights judgement in the case of Ališić and others v. Serbia (Law
on regulation of the public debt of the Republic of Serbia based
on unpaid foreign currency savings of citizens deposited with banks
whose headquarters are in the territory of the Republic of Serbia
and their branches in the territories of the former Republics of SFRY)
- Member of the Commission of the Government of the Republic
of Serbia for determining the right to the payment of foreign currency
savings, from 2017 to 2019
c. Posts held in
a political party or movement
None
VI. Other activities
None
VII. Publications
and other works
- “The right to property
in the case-law of the European Court of Human Rights”, Glosarijum,
2023, p. 10-25
- Editor of the Publication “European Convention of Human
Rights and case-law of the European Court of Human Rights in decisions
of the Constitutional Court”, 2022, Belgrade, the Constitutional
Court and Council of Europe
- “The Case-law of the European Court of Human Rights in
relation to the Republic of Serbia regarding non-enforcement of
the final domestic court decisions delivered against socially-owned
companies”, Glosarijum, No. 3, 2022, p. 3-18
- “The jurisprudence of the European Court of Human Rights
in the constitutional appeal proceedings before the Constitutional
Court”, in Šarčević, E., Simović, D., (eds.), 2019, “Constitutional
complaint in the Legal System of Serbia”, Sarajevo, CJP Foundation
Center for Public Law
- “Legal position the Government Agent of the Republic of
Serbia before the European Court of Human Rights”, 2019, Sarajevo,
CJP Foundation Centre for Public Law
- “Constitutional protection of the rights of civil servants”,
in the Publication “Labour law in the public sector”, Glosarijum,
2016, p. 60-82
- “Acting of courts of general jurisdiction after decisions
and findings of the Constitutional Court in the constitutional appeal
proceedings”, D. Slijepčević, N. Plavšić, Glosarijum, No. 1, 2016,
p. 5-11
- “Judicial protection of the
right to a trial within a reasonable time”, D. Slijepčević,
S. Stamenkovski and N. Plavšić, Pravni informator, No. 1, 2015,
p. 3-19
- “Labour law and labour disputes in proceedings before
the Constitutional Court”, D. Slijepčević, and N. Plavšić, Glosarijum,
2014, p. 25-49
- “Protection of the right to a trial within a reasonable
time before the Constitutional Court – with special reference to
labour disputes”, Paragraf, No. 10, 2013, p. 5-10
- “Constitutional appeal procedure before the Constitutional
Court – with special reference to the Law on Amendments to the Law
on the Constitutional Court”, Paragraf, No. 6, 2012, p. 12-17
- “Individual Constitutional
Complaint: Serbian model“, Comparing Constitutional Adjudication,
A Summer School on Comparative Interpretation of European Constitutional
Jurisprudence, 3rd Edition – 2008, University of Trento
VIII. Languages
|
Language
|
Reading
|
Writing
|
Speaking
|
|
very good
|
good
|
fair
|
very good
|
good
|
fair
|
very good
|
good
|
fair
|
|
a.
First language:
|
|
|
|
|
|
|
|
|
|
|
- Serbian
|
X
|
|
|
X
|
|
|
X
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
b.
Official languages:
|
|
|
|
|
|
|
|
|
|
|
– English
|
X
|
|
|
X
|
|
|
X
|
|
|
|
– French
|
|
X
|
|
|
X
|
|
|
X
|
|
|
c.
Other languages:
|
|
|
|
|
|
|
|
|
|
|
- Spanish
|
|
X
|
|
|
X
|
|
|
X
|
|
IX. In the event
that you do not meet the level of language proficiency required
for the post of judge in an official language [the second], please
confirm your intention to follow intensive language classes of the
language concerned prior to, and if need be also at the beginning
of, your term of duty if elected a judge on the Court
Working as an Agent of the Republic of Serbia before the European
Court of Human Rights, I was in continuous contact with the French
language for more than 3 years, and thus acquired a passive knowledge
of the French language.
After becoming a judge of the Constitutional Court, I continued
learning French language, and I am currently attending a private,
individual intensive French language course, B level.
Also, I confirm my intention to follow intensive French language
classes before and both at the beginning and during my term of duty,
if elected as a judge of the Court.
X. Other relevant
information
None
XI. Please confirm
that you will take up permanent residence in Strasbourg if elected
a judge on the Court
I confirm that I will take up permanent residence in Strasbourg
if elected a judge on the Court.
Appendix 3 – Curriculum
vitae of Branko Rakić
I. Personal details
Name and family name: RAKIĆ, Branko
Sex: Male
Birth date: 28 February 1961, Ivanjica, Serbia
Citizenship: Republic of Serbia
II. Education and
academic and other qualifications
- Attended Elementary
School in Ivanjica and in Belgrade. Completed Elementary School
in 1974.
- Graduated from the XIIth High School in Belgrade in 1979.
- Received a degree from the Faculty of Law in Belgrade
on 13 March 1987 (previously studied French Language and Literature
at the Faculty of Philology in Belgrade).
- Passed bar examination on 30 June 1989.
- Obtained a Specialist Diploma at the European University
Centre in Nancy (Centre européen universitaire de Nancy), France,
in December 1990 (University Diploma of the third degree) “Diploma
of High European Studies” (“Diplôme d'études supérieures européеnnes”)
in the field of European Community Law.
- Also at the University Centre in Nancy (Centre européen
universitaire de Nancy), obtained an M.A. Diploma “Diploma of Further
Studies” (“Diplôme d'études approfondies”) in the field of European Community
Law, on 4 October 1991. The topic of the M.A. thesis was “Les aspects
juridiques des relations entre la Yougoslavie d'une part et la Communauté
européenne et le Conseil de l'Europe de l'autre” (Legal aspects
of Relations between Yugoslavia, on the one hand, and the European Communities
and the Council of Europe, on the other hand”) – (309 pages). By
Decision of the Scientific-Didactic Board of the Faculty of Law
of the University of Belgrade of 12 February 1993, this diploma
was recognised as a masters' degree in law.
- On 2 October 1999, defended a doctoral thesis at Paris
University I – Panthéon Sorbonne under the title: “La présence,
les intéractions et l'évolution des éléments politiques, économiques
et juridiques dans les idées d'intégration européenne jusqu'à la
création des Communautés européennes – à la lumière des approches
modernes à la réalisation de la paix et du processus moderne d'intégration
européenne” (“Presence, interaction and evolution of political,
economic and legal elements in ideas of European integration prior
to the establishment of the European Communities – in the light
of modern approaches to the achievement of peace and modern European
integration process”), thus obtaining the scientific degree of Ph.
D in law, in accordance with French regulations (Arrêté ministériel
du 30 mars 1992 relatif aux études doctorales). By Decision of the
Scientific-Didactic Board of the Faculty of Law of the University
of Belgrade of 20 December 1999, this diploma was declared equivalent
and recognised as the scientific degree of Ph.D in law.
III. Relevant professional
activities
a. Description of
activities in legal practice
- From 2 November 1987
to 6 November 1990, with an interruption from 8 October 1989 to
2 July 1990 (unpaid leave for studies in France), trainee at the
First Municipal Court in Belgrade.
- By Order of the Trial Chamber of the International Criminal
Tribunal for the former Yugoslavia dated 23 October 2003, Legal
Adviser to the accused former President of the Republic of Serbia
and the Federal Republic of Yugoslavia (FRY) Slobodan Milošević
in Case No. IT -02-54, until 14 March 2006 (the end of the proceedings).
- From 1997 to 2001 the candidate was member of the expert
legal team formed by the Federal Ministry of Foreign Affairs of
the Federal Republic of Yugoslavia in order to prepare submissions,
evidence and carry out other professional activities in the case
concerning Application of the Convention on the Prevention and Punishment
of the Crime of Genocide / Bosnia and Herzegovina v. Yugoslavia
before the International Court of Justice.
- From 2001 to 2004 the candidate represented the company
“Newsforce” based in London (which was part of a network “GlobeCast”
owned by “France Télécom”) in proceedings before: the Federal Customs Administration
of the Federal Republic of Yugoslavia, the Federal Council for Misdemeanors,
the First Municipal Court in Belgrade and the Belgrade District
Court, for unlawful seizure and destruction of property (technical
equipment) and violations of the procedural rights of two workers
of “Newsforce” accused of customs offences.
- From 10 March 2009 to 25 February 2020, Ombudsman of the
University of Belgrade (concurrently with teaching and research
activities).
b. Description of
activities outside of legal practice
- From 1 October 1992
to 21 April 1993, Research Associate at the Institute for European
Studies in Belgrade.
- From 22 April 1993 to 15 September 1994, Deputy Federal
Minister for Human Rights and Minority Rights.
- From 16 September 1994 to 30 June 1996, Secretary-general
of the Federal Ministry of Justice. Thereafter and until until January
1999, the position of Secretary-general of the Federal Ministry
of Justice was held as an appointed official (and not as a relationship
of employment), due to employment at the Faculty of Law of the University
of Belgrade as a Teaching Assistant.
- From 1 July 1996 to 13 March 2000, Teaching assistant
at the Faculty of Law of the University of Belgrade, Subject “International
Relations”.
- From 13 March 2000 to 20 April 2010, Assistant Professor
of “International Relations” and of “Law of International Organisations
and European Law” at the Faculty of Law of the University of Belgrade
and from the academic year 2008/2009 of “European Integration Law”,
“International Relations” and “Law of International Organisations”.
- From 20 April 2010 to 15 June 2015, Associate Professor
for the specialised field of (Public) International Law at the Faculty
of Law of the University Belgrade, for the subjects “European Integration
Law” and “International Relations.”
- From 15 June 2015 to date,
Full Professor for the specialised field of (Public) International
Law at the Faculty of Law of the University Belgrade, for the subjects
“European Integration Law” and “International Relations.”
- From the year 2013 to date,
the candidate has taught at the Diplomatic Academy of the Ministry of
Foreign Affairs of the Republic of Serbia (concurrently with teaching
at the Faculty of Law of the University Belgrade). He currently
coordinates the Teaching Program in the field of Law of International
Organizations and Human Rights at the Diplomatic Academy.
IV. Activities and
experience in the field of human rights
All activities mentioned in Section III above concern the
field of human rights: experience in the national and international
judicial bodies, legal research and teaching, experience in state
administration, and activities as Ombudsman of the University of
Belgrade:
- work in the First
Municipal Court in Belgrade in the field of civil and criminal matters,
including ensuring the observance of the right to a fair trial and
a number of other human rights and basic freedoms (drafting of around
300 judgments and orders);
- legal services in the capacity of Legal Adviser of an
accused individual before the International Criminal Tribunal for
the former Yugoslavia, including protection of human rights and
basic freedoms of the accused and detained person in criminal proceedings,
such as the right to a fair trial, the right to liberty, the prohibition
of torture, inhuman and degrading treatment, the right to punishment
only on the basis of the law, the right to an effective legal remedy
and others (in the preamble to the “Order Appointing Branko Rakić
as Legal Associate to the Accused” of 23 October 2003, the Trial
Chamber of the ICTY stated that it appoints Branko Rakić: “Noting
that Dr Rakić is a lawyer and senior lecturer in law at the University
of Belgrade, Faculty of Law”, and “Considering that it would be
in the interest of a fair trial for the Accused … to enable the
Accused to communicate freely with Dr. Rakić for legal advice, and
to be able to discuss and supply him with copies of protected materials…”,
and in Section 1 of the operative part of the Order, the Trial Chamber
decided: “Rule 44, as appropriately modified, shall apply to Dr Branko
Rakić as a lawyer, with whom the Accused may communicate for the
purpose of preparing his defence, accordingly, he must satisfy the
Registrar as to his qualifications under Rule 44 (A) and shall be
subject to the Code of Professional Conduct for Defence Counsel
Appearing Before the International Tribunal”);
- research and teaching activities at the Institute of European
Studies, the Faculty of Law of the University of Belgrade and the
Diplomatic Academy of the Ministry of Foreign Affairs of the Republic
of Serbia, focusing, to a significant extent, on the protection
of human rights internationally, at the universal and regional level,
primarily at the European level (in the Council of Europe and the
European Union);
- the performance of the function of Deputy Minister for
Human and Minority Rights in the Federal Government of the FRY included
building a system and creating conditions for human rights and minority protection
in the FRY (especially by drafting laws, such as: Law on National
Minorities, Law on Personal Data Protection etc, as well as by preparing
national reports for international organizations and bodies in the
domain of human rights, such as Committee on the Elimination of
Racial Discrimination (CERD), Human Rights Committee, UNESCO, etc.);
- in September 1994, the Federal Ministry of Justice took
over competence from the Federal Ministry of Human and Minority
Rights in its Sector for Human and Minority rights-thereafter, the
performance of the function of Secretary-general of the Federal
Ministry of Justice included human and minority rights protection,
which previously fell under the competence of the Deputy Federal
Minister for Human and Minority rights in Federal Government of
the FRY; in addition, activities from three other Sectors of the Federal
Ministry of Justice (Sector for the Administration of Justice, Sector
for Administration and Sector for the Property of the FRY) were
concerned, to a great extent, with the protection of human rights (especially
the Criminal Law Reform Project and the Civil Law Reform Project
as well as drafting of the Administrative Procedure Act);
- participation in the activities of the Federal Government
Commission for Harmonization of Laws of the FRY with EU Law, Law
of the Council of Europe and Law of the World Trade Organization
(this commission was constituted on 26 September 1996 by Decision
of the Federal Government) included the drafting and proposal of
measures for the adoption of the “acquis communautaire” and the
legal acquis of the Council of Europe in the field of protection
of human rights and basic freedoms;
- in accordance with Article 56 of the Statute of the University
of Belgrade, the University Ombudsman ensures the “protection of
rights and interests of members of the University Community” and
“primarily their human rights and basic freedoms” – as the office
of the University Ombudsman was new to the University of Belgrade,
the candidate’s activities included the establishment of a system
(primarily the adoption of the appropriate acts, most importantly
the Rulebook on the Functioning of the University Ombudsman and
the draft “Charter of Students' Rights and Freedoms at the University
of Belgrade”), as well as responding to individual complaints;
- participation in the work of the expert legal team formed
by the Federal Ministry of Foreign Affairs of the Federal Republic
of Yugoslavia in order to prepare submissions, evidence and perform
other professional work in the case concerning the Application of
the Convention on the Prevention and Punishment of the Crime of
Genocide (Bosnia and Herzegovina v. Yugoslavia) before the ICJ included an
analysis of violations of the human rights of victims of crimes
on the territory of Bosnia and Herzegovina;
- the representation of the company "Newsforce" before the
relevant authorities of the FR Yugoslavia and the Republic of Serbia
included the protection of the right of the company and its owners
to peaceful enjoyment of their possessions and the right to a fair
trial of its employees.
In addition to the above, the activities (listed under V)
in the Supervisory Board for general supervision of the actions
of political parties, candidates and media during election activities
(in 2020), as well as in the Supervisory Board for the election
campaign (in 2022), included, in the first place, the control of
respect for some of the rights from the Second Part of the Constitution
of the Republic of Serbia, entitled "Human and Minority Rights and
Freedoms", primarily the right to information from Article 51 and
right to free elections from Article 52 of the Constitution of the
Republic of Serbia.
V. Public activities
- Member of the Assembly
of the City of Belgrade from February 1993 to February 1997.
- From 22 April 1993 to 15 September 1994, Deputy Federal
Minister for Human and Minority Rights.
- From 16 September 1994 to 30 June 1996, Secretary-general
of the Federal Ministry of Justice. From then until 19 January 1999,
also Secretary-general of the Federal Ministry of Justice (not as
an employee in the Federal Government, but simultaneously with working
as a Teaching Assistant at the Faculty of Law).
- In February 2020, the candidate was appointed, by decision
of the National Assembly of the Republic of Serbia, to the position
of a member of the Supervisory Board for general supervision of
the actions of political parties, candidates and media during election
activities (the official name of this body, according to Articles
99 and 100 of the Law on the Election of People's Deputies, was
the "Supervisory Board").
- In February 2022, the candidate was appointed, by decision
of the National Assembly of the Republic of Serbia, to the position
of a member of the Supervisory Board for the election campaign.
VI. Other activities
By Decision of the Government of the Republic Serbia of October
2013, appointed President of the Supervising Board of the Central
Institute for Conservation. He held this position until January
23, 2021, when the Central Conservation Institute was annexed to
the National Museum in Belgrade by decision of the Government of
the Republic of Serbia.
VII. Publications
and other works
Single author of 7 books, co-author of 2 books and author
of several dozens of articles.
Books:
- Branko M. Rakić, Harmonization
of Yugoslav Law with EU Law (monograph), Belgrade, Faculty of Law of
the University of Belgrade, 1997 (310 pages).
- Branko M. Rakić, La présence, les intéractions et l'évolution
des éléments politiques, économiques et juridiques dans les idées
d'intégration européenne jusqu'à la création des Communautés européenne
– à la lumière des approches modernes à la réalisation de la paix
et du processus moderne d'intégration européenne, Villeneuve d'Ascq,
Presses Universitaires de Septentrion, 2003 (doctoral theses – 726 pages).
- Branko M. Rakić, Europe Takes
Time (monograph), Belgrade, Faculty of Law of the University
of Belgrade, 2009 (261 pages)
- Branko M. Rakić, Serbia before the world Court – on the
occasion of the request for an advisory opinion of the International
Court of Justice on the legality of the Kosovo Declaration of Independence (monograph),
Belgrade, Faculty of Law of the University of Belgrade, 2009 (109
pages).
- Branko M. Rakić, Ensuring Peace
through International Organisation and Integration of States, Belgrade,
Faculty of Law of the University of Belgrade, 2009 (102 pages –
The book mostly uses earlier texts by the same author, with certain
changes and additions).
- Budimir Košutić, Branko M. Rakić, Bojan Milisavljević, Introduction to the Law of European Integration (Textbook),
Belgrade, Faculty of Law of the University of Belgrade, Center for
Publication and Information. 2012-2022 (283 pages)
- Branko M. Rakić, Mihajlo Vučić, Speaking
non-dogmatically about European integration, (monograph), Belgrade,
Faculty of Law, University of Belgrade, Center for Publishing and
Information, 2014 (160 pages).
- Branko M. Rakić, European Court
of Justice and sanctions against Serbia, (monograph),
Belgrade, Faculty of Law, University of Belgrade, Center for Publishing
and Information, 2015 (204 pages).
- Branko M. Rakić, On two initiatives
of the University Ombudsman of the University of Belgrade – to meet international
and European standards, (monograph), Belgrade, Faculty
of Law, University of Belgrade, Center for Publishing and Information,
2015 (124 pages).
Selected articles and contributions to edited volumes:
- Branko M. Rakić, “Education
of Minorities-International Standards” in the volume: Position of Minorities in the Federal Republic
of Yugoslavia, collection of works from the scientific
meeting held on 11, 12 and 13 January 1995, Belgrade, Serbian Academy
of Sciences and Arts, Department of Social Sciences, 1996, pages
639-652.
- Branko M. Rakić, “Fragmentation of International Law and
European Law – Something New in the West”, Annals
of the Faculty of Law in Belgrade, No. 1/2009, pages
122-147.
- Branko M. Rakić, “The European Court of Justice between
Human Rights and the Fight against Terrorism-the Relationship between
International Law and European Law”. Annals
of the Faculty of Law in Belgrade, No. 2/ 2009. Pages
155-185.
- Branko M. Rakić, “On the Draft Charter of Rights and Freedoms
of Students of the University of Belgrade, in the collection Development of Legal system of Serbia and its
harmonization with EU Law – contributions to the 2010
project (edited by professor dr Svetislav Taboroši), Belgrade 2011,
pages 282-291.
- Branko M. Rakić, “On the Meaning of 'Cooperation' or 'Dialogue'
between the European Court of Justice and the Courts of the Member
States”, Annals of Faculty of Law in
Belgrade, No. 2/2014, pages 69-91.
- Branko M. Rakić, "'Cooperation' or 'dialogue' between
the Court of Justice of the EU and the courts of member states –
between the 'clear separation of functions' and hierarchization",
in International Standards on the Independence
of the Judiciary and the Independence of the Prosecutor's Office, Proceedings
of the XV International Scientific Conference of the International
Criminal Association law, held on Mokra Gora from June 19 to 22,
2016, pages 157-173.
- Branko M. Rakić, "Sharia in the Balkans then and now –
on the judgment of the European Court of Human Rights in the case
of Mola Sali v. Greece in the light of the experience of applying
Sharia law in the Kingdom of Yugoslavia", in Ivana Krstić, Maja
Lukić (editors), Identity transformation
of Serbia, collection of papers from the project of the
same name for the year 2018, Belgrade, Faculty of Law, University
of Belgrade, 2018, pages 53-79.
- Branko M. Rakić, "Reverse discrimination in the law of
the European Union", in the collection Identity transformation
of Serbia for 2019, from the project of the same name,
Belgrade, Faculty of Law, University of Belgrade, 2019.
- Branko M. Rakić, "Cultural
heritage – right, identity and dignity”, Sociological review,
vol. LIV (2020), no. 4, pages 1210-1233 (with translation: 1210-1259).
- Branko M. Rakić, "Les Balkans et l'Union européenne –
Une vue réaliste", in Liber Amicorum en hommage à Jean-Denis Mouton,
Transformation et résilience de l'Etat: entre mondialisation et intégration,
Paris, Pedone, 2020, pp. 553-582.
- Branko M. Rakić, Marija Vlajković, “Identités nationales
et identité européenne“, dans: Yves Petit (sous la direction de), L’Union européenne el l’Europe de l’Est: quelles
perspectives?, Bruxelles, Bruylant, pp. 231-285
- Branko M. Rakić, "The position of women and persons with
disabilities in Abrahamic religions", in: Ljubinka Kovačević, Dragica
Vujadinović, Marco Evola (eds), Intersectional
Discrimination of Women and Girls with Disabilities and Means of
their Empowerment, University of Belgrade Faculty of
Law, Belgrade, 2022, pp. 787-866.
VIII. Languages
|
Language
|
Reading
|
Writing
|
Speaking
|
|
very good
|
good
|
fair
|
very good
|
good
|
fair
|
very good
|
good
|
fair
|
|
a.
First language:
|
|
|
|
|
|
|
|
|
|
|
– Serbian
|
x
|
|
|
x
|
|
|
x
|
|
|
|
b.
Official languages:
|
|
|
|
|
|
|
|
|
|
|
– English
|
x
|
|
|
x
|
|
|
x
|
|
|
|
– French
|
x
|
|
|
x
|
|
|
x
|
|
|
The candidate possesses an active knowledge of English and
French as official languages of the Council of Europe. He possesses
three French Diplomas on completed Studies at post graduated level
– DESS, DEA, Doctorate. By decision of the Minister of Justice in
the Government of the Republic of Serbia of 13 June 1991, he was
appointed as a sworn court translator for the French language. For
more than a decade, he has taught in English at LL.M studies in
European Law at the Faculty of Law of the University of Belgrade.
IX. In the event
that you do not satisfy the necessary level of knowledge of an official
language for the position of Judge, please confirm your intention
to attend intensive classes of the respective language prior to
and, if necessary, at the beginning of your term as Judge, if elected
I so confirm (although I think it is not necessary).
X. Other relevant
information
- As Secretary-general
of the Federal Ministry of Justice, the candidate was promoter and
author of the project for harmonization of the legal system of the
FRY with EU Law (with a formal appeal sent to President of the Federal
Government in June 1995) which was approved by Decision of the Federal Government
on 11 May 1996, under the title: “Program of Activities on Harmonization
of the Legal system of the FRY with Legislation Established in the
European Union” – the proponent of the project was the Federal Ministry
of Justice and the author was Branko M. Rakić, who became a member
of the Federal Government Commission for Harmonization of Law of
the FRY with EU Law, Law of the Council of Europe and Law of the
World Trade Organization (this commission was constituted on 26
September 1996 by Decision of the Federal Government.
- As Ombudsman of the University of Belgrade, the candidate
has drafted and proposed to the competent authorities of the University
of Belgrade a draft “Charter of Rights and Freedoms of Students
of the University of Belgrade” on 19 May 2011. The Student Conference
of Serbian Universities (SKONUS) has adopted the Charter as its
own document.
- The candidate is the head
of the Department of (Public) International Law and International Relations
at the Faculty of Law of the University of Belgrade. He is a member
of a number of Faculty bodies.
- The candidate is initiator
of the establishment and manager, from 2017 to date, of the Center
for Interreligious and Intercultural Dialogue of the Faculty of
Law, University of Belgrade.
- The candidate is also a member of the editorial board
of the journals European Legislation and Archive for Legal and Social
Sciences.
- The candidate is also a member of the Association of Lawyers
of Serbia (Belgrade), the Association for International Law of Serbia
(Belgrade), the European Association of Culture (Venice) and the
Cultural Literary Association “Matica Sprska” (Novi Sad).
- Since his election to the position of assistant professor
in 2000, the candidate has been a supervisor in the preparation
of dozens of master's theses and doctoral dissertations. as well
as a member of numerous committees for the evaluation, or defense,
of a large number of master's and doctoral theses.
XI. Please, confirm
that you will reside in Strasbourg if you are elected Judge
I so confirm.
XII. Criminal record
The candidate has no criminal record.
XIII. Legal capacity
No deprivation of legal capacity.
