Institutional Transplants in Serbia – the Stories of Success and Failure

Knežević Bojović, Ana (2019) Institutional Transplants in Serbia – the Stories of Success and Failure. In: Common Law and Civil Law Today - Convergence and Divergence. Vernon Series in Law . Vernon Press, pp. 381-412. ISBN 978-1-62273-507-5

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Abstract

As Alan Watson once pointed out, law is different from bread because in all its manifestations it is an element of the state-and hence, the transplanted rule is not the same thing as it was in its previous home. The same can be said of transplanted institutions. This, however, does not mean that a transplanted rule or a transplanted legal institution cannot fulfill the same purpose as in the country of their origin. But what does the effectiveness of a legal transplant depend on? The author will examine several examples of institutional transplants in Serbia, analyze their effectiveness in accomplishing the purpose for which they were introduced in the Serbian legal system, and examine the reasons of their success or lack of success. The criteria for selecting the examples was the purpose with which they were introduced - to address the deficiencies in the national legal system that were repeatedly criticized by the international community, mainly the European Union, in a wider context of EU conditionality. The author will focus on reviving the legal norms by which these transplants were introduced and the wider regulatory context in which they operate. The author will analyze the institutes of the National Convention on the European Union, the civil monitor in public procurement proceedings and the High Judicial Council, and assess to what extent they have succeeded in achieving their intended purpose. Based on the analysis, the author will identify the key requirements for the success of legal transplants in Serbia.

Item Type:	Book Section
Subjects:	Pravo - ostalo
Depositing User:	Aleksandra Višekruna
Date Deposited:	17 Jun 2025 18:31
Last Modified:	17 Jun 2025 18:31
URI:	http://ricl.iup.rs/id/eprint/2213

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