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Round table on the application of Article 5 of the European Convention on Human Rights in the practice of domestic courts

The application of the standards set by the European Court of Human Rights in detention cases was the topic of the round table organized by the action “Strengthening human rights protection in Serbia” in cooperation with the Constitutional Court. The round table gathered 75 representatives of the Constitutional Court, as well as judges and prosecutors from all levels, providing them with an opportunity to jointly discuss and consider, from various perspectives, the challenges faced in practice when deciding on and extending detention.

Milena Rašić and Nataša Plavšić, judges of the Supreme and Constitutional Courts, presented the practice of domestic courts. A significant part of the round table was dedicated to analysing cases in which the European Court of Human Rights (the European Court) found that Serbia had violated Article 5 of the European Convention on Human Rights and to the execution of those judgments. Participants had the opportunity, in conversation with lawyers from the European Court and the Department for the Execution of Judgments of the European Court, to explore ways to change their practice to align it with European standards and thus prevent future violations of Article 5 of the Convention.

The round table was organized as part of the broader efforts of the action “Strengthening human rights protection in Serbia” project, which is part of the joint programme of the European Union and the Council of Europe, the “Horizontal Facility for the Western Balkans and Turkey,” to improve the application of the European Convention on Human Rights at the domestic level through the exchange of professional knowledge.

Belgrade 2 June 2026
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What is the Horizontal Facility?

The joint European Union/Council of Europe programme “Horizontal Facility for the Western Balkans and Türkiye” (Horizontal Facility III) is a co-operation initiative and one of the results of the Statement of Intent signed on 1 April 2014 by the Secretary General of the Council of Europe and the European Union Commissioner for Enlargement and European Neighbourhood Policy, in which both Organisations agreed to further strengthen their co-operation in key areas of joint interest.

The programme is ongoing since 2016 and the third phase begun in January 2023 for a period of 48 months. The third phase of the programme (worth €41 million (85% funded by the EU, 15% by the CoE) keeps building on the results of the previous phases and it combines Beneficiary-specific and regional actions.

It enables the Beneficiaries to meet their reform agendas in the fields of human rights, rule of law and democracy and to comply with European standards, which is also a priority for the EU enlargement process.

Themes covered by the Horizontal Facility include:

  • strengthening justice
  • fighting corruption, economic crime and money laundering
  • promoting anti-discrimination and protection of the rights of vulnerable groups (including LGBTI, minorities and Roma) and
  • promoting and protecting freedom of expression and media

The Expertise Co-ordination Mechanism that provides legislative expertise and policy advice within the Council of Europe system remains also an important part of the programme available to all Beneficiaries.

The Horizontal Facility relies on the Council of Europe’s unique working methods, whereby tailor-made technical co-operation activities are based on conclusions and recommendations of the Council of Europe’s monitoring bodies highlight areas where improvements are needed in legislation and policies of the Beneficiaries to comply with the Organisation’s treaties and other standards.

 

Which Horizontal Facility actions are being implemented in Serbia?

In Serbia, the following actions are currently being implemented: