Joint Programme

Horizontal Facility

As a part of its efforts to enhance national implementation of the European Convention on Human Rights, the action “Strengthening human rights protection in Serbia” has been supporting placements of Serbian legal professionals in the European Court of Human Rights (ECtHR).

For Milan Bajić and Nikola Djekić, legal advisers at Serbia’s Supreme and Constitutional Courts, a six-month placement at the ECtHR in Strasbourg provided a unique insight into how European legal principles are interpreted at the highest level. By closely engaging with the Court’s rulings on freedom of expression, the right to a fair trial, and other fundamental issues, the advisers have not only expanded their knowledge of the Convention system, but also, upon their return, shared their experiences within Serbia’s judiciary.

Milan emphasised how the placement in Strasbourg deepened his understanding of comparative law. Relying on his research, judges from the Supreme Court could draw on broader jurisprudential trends when evaluating cases, thereby enhancing the quality and coherence of domestic rulings. “Judges are experienced professionals who quickly grasp the different options available to them,” he says. “But they cannot regularly follow the latest jurisprudence from the ECtHR, and they need to be provided with key highlights.”

In this regard, the ECHR Knowledge Sharing Platform serves as a valuable tool, offering the Supreme Court access to the latest developments in ECtHR case-law and other jurisprudence. Each week, Milan and his colleagues from the Case Law Department of the Supreme Court select the most significant cases and circulate them to the Criminal and Civil Departments, allowing judges to request further clarification or a more detailed analysis.

In September 2025, twelve judges of the Supreme Court’s Criminal Department attended an in-house training on Article 6 of the ECHR, covering recent ECtHR case-law on the right to defence, presumption of innocence, circumstantial evidence, and other issues that Milan presented.

Milan has also brought lessons from Strasbourg directly into the Judicial Academy. Over two semesters, from September 2024 to June 2025, the XII generation of Judicial Academy trainees gained a thorough understanding of four articles of the Convention through presentations on relevant jurisprudence and interactive case studies on the application of European standards during the training seminars which the action “Strengthening human rights protection in Serbia” organised together with the Judicial Academy. “The trainees’ response was very positive,” Milan explains. “I provided them with a short yet comprehensive overview of ECtHR case-law, which will serve as a reliable reference for them as future judges.”

“I attended a three-month training in Strasbourg myself,” he adds. “The placement helped me understand internal Court procedures – for example, how committees operate, the role of a single judge, and the functioning of the fast-track procedure.” Something from which young legal professionals at the Judicial Academy could certainly benefit.

Milan’s colleague from the Constitutional Court, Nikola, also spent six months in Strasbourg, observing first-hand how carefully each case is considered and how much attention is given to the reasoning behind every decision. “During my time at the ECtHR, I became familiar with case-law showing that a violation of a right is examined even when the applicant has suffered no significant harm,” he says. Nikola drafted Single Judge Notes and, for cases reviewed by a panel of three judges, Committee Notes. This work taught him to clearly and precisely explain alleged rights violations, focus on what truly matters, and navigate complex cases.

At the Constitutional Court of Serbia, Nikola contributed upon his return from Strasbourg to improving the drafting of decisions. “For the first time, the Constitutional Court found a violation of the right to property in the context of pensions, stressing that the authorities’ decisions had effectively terminated the applicant’s entitlement to a pension that had been recognised before,” he recalls, describing a case in which a pensioner’s rights had been cut, prompting the Court to assess the protection of property rights in accordance with ECtHR jurisprudence. His work also strengthened the Court’s assessment of the proportionality of restrictions on freedom of assembly.

After his return, Nikola became a go-to adviser for colleagues dealing with complex issues. “I answered questions from my colleagues concerning the confiscation of property as a security measure, the admissibility of applicants, judicial protection for whistle-blowers, the prohibition of discrimination, and many others,” he says. He shared his knowledge widely, circulating training materials and drawing on insights gained from his contacts at the ECtHR.

These are still an important resource in his work today. “I exchange with my colleagues at the ECtHR useful information on cases and jurisprudence,” he explains. For Nikola, the placement in Strasbourg was a valuable professional experience that gave him the tools to support the Constitutional Court in aligning more closely with European human rights standards.

The action “Strengthening human rights protection in Serbia“ is part of the joint European Union and Council of Europe programme “Horizontal Facility for the Western Balkans and Türkiye”.