REHABILITATION AND RESTITUTION

Serbia is the only country of the former socialist bloc not to have adopted a restitution law.  It must do so and carry out a restitution program as a prerequisite to entry into the EU.   Its twin problem is rehabilitation. Thus these are twin projects in that for the restitution process to be democratic it must necessarily address the rehabilitation issue even though the laws treat the two separately.  Much of the expropriation was accomplished and legally rationalized by creating enemies of the state of parties whose properties were expropriated.  For restitution to take place the process of rehabilitation of these parties must take place.  Serbia has also dragged its feet on this issue.  Many of those affected are in the Diaspora.

Rehabilitation Project

The current rehabilitation law does not provide clear-cut procedures for rehabilitation. Consequently the rehabilitation process has barely moved forward although there have been some successful cases to date.

To accomplish economic reform and an improved investment climate rehabilitation in Serbia must move forward.  Fair restitution is not possible without it.

The Serbian Unity Congress Rehabilitation Project works to promote and enable the application of successful precedent that have resolved rehabilitation cases and thus strengthen the legal basis for proceeding with rehabilitation in Serbia. The objective of this project is to influence wider application by courts of successfully established precedents and accelerate both rehabilitation claims and settlement of rehabilitation cases in Serbia and to increase judicial competence to deal with rehabilitation.

We also work to build public awareness by affected parties and society in general to keep the issue alive and keep pressure on the courts and government to continue the rehabilitation process.

Restitution Project

At this time Serbia has shelved the draft legislation it had developed for restitution until it raises funds through a separate program of selling off government-owned real estate.  It has been effective in convincing the public that restitution is impossible at this time in Serbia.  This only continues to postpone a necessary process in Serbia’s democratization.

Phase I of the SUC Round Table on Restitution increased awareness of the level of neglect of this issue by Serbia.  We did the following:

Objectives

1. Create public awareness to build pressure on the government to adopt an acceptable law on restitution.
2. Have input into the process of developing the legislation
3. Produce proof that the cost of implementing restitution now is lower than the cost of later implementation.

Method of Approach

• Develop empirical evidence that will support restitution now.
• Develop and submit exact modifications to the latest draft of restitution law
• Promote submission of claims by prospective restitution recipients
• Create pressure by building public awareness about the topic
• Expected Outcomes
• Acceleration of restitution claims
• Increase in judicial competence to deal with restitution
• Acceleration of restitution rulings