Constitutional and statutory provisions

In the section devoted to human and minority rights, the Constitution of the Republic of Serbia proclaims that everyone is entitled to court protection if their human or minority rights guaranteed by the Constitution have been violated or denied, and the right to elimination of the consequences of said violation. In addition, it proclaims that everyone has the right to an appeal or to another legal remedy against any decision taken regarding his/her rights, duties or interests based on the law. The minimum court protection and two instances of decision-taking were therefore established without special elaboration. The Constitution of the Republic of Serbia does not deal specifically with the jurisdiction and composition of the courts. The Constitution of the Republic of Serbia allowed the establishment, organization, jurisdiction, organization and composition of the courts to be regulated by law. 

The jurisdiction of the courts, mainly related to the subject matter, is regulated primarily by the Law on Organization of Courts, while the subject matter and territorial jurisdiction are regulated in procedural laws. According to the subject matter jurisdiction, there is a distinction among the courts of general jurisdiction: there are basic, higher and appellate courts and the Supreme Court of Cassation, while among the courts of special jurisdiction there are commercial courts and the Commercial Appellate Court, misdemeanor courts and the Misdemeanor Appellate Court, and the Administrative Court. The Law on Organization of Courts provides that only certain courts can act in certain legal matters. Specification of the courts that act in certain types of legal matters in which no other courts with subject matter jurisdiction act has been provided in the Law on Seats and Territories of the Courts and Public Prosecutors Offices.