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

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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Strengthening effective legal remedies to human rights violations in Serbia


What is the goal?


► to strengthen the overall protection of human rights in Serbia in line with European standards
► to improve national mechanisms for the consistent application of the European Convention on Human Rights and case law of the European Court of Human Rights, as well as the national judicial practice
► to foster national implementation of European human rights standards, including the execution of judgments of the European Court of Human Rights.


Who benefits from the Action?


► [Citizens], who will have their human rights better and/or fully protected on the national level
► Constitutional Court, Government Agent before the European Court of Human Rights, High Judicial Council, Judicial Academy, Law Faculty of the University of Belgrade, Ministry of European Integrations, Ministry of Justice, Republic Public Prosecutor’s Office, State Prosecutorial Council and Supreme Court of Cassation.


How will the Action work?


► Establishing inter-agency advisory group
► Research and analytical reports (needs assessment, analysis, review)
► Expert discussions (conferences, seminars, round tables) and peer exchanges
► Tailor-made training curricula and training sessions for legal professionals and law students
► (Co)developing HELP courses
► Manuals/Guidelines.


What do we expect to achieve?


► Reinforced capacity of legal professionals to apply the ECHR provisions and the ECtHR case law
► Strengthened case law departments in courts
► Secured horizontal dialogue between courts on contentious legal issues
► Strengthened mechanism for the execution of the ECtHR judgements in relation to Serbia and the office of the Government’s Agent before the ECtHR.


How much will it cost?


► The total budget of the Action is 900 000 EUR.
► The budget allocated to the overall Horizontal Facility programme amounts to ca. 41 Million EUR (85% funded by the European Union, 15% by the Council of Europe).


How to get more information?


► Human Rights National Implementation Division: https://www.coe.int/en/web/national-implementation
► Horizontal Facility website: https://pjp-eu.coe.int/en/web/horizontal-facility/home
► Marija Simić, Horizontal Facility Communication Officer, [email protected], +381 63 601 337
Besnik Baka, Horizontal Facility Communication Officer, [email protected], +355 69 217 8430

HORIZONTAL FACILITY II