At its session held on September 4, 2025, the Government of the Republic of Serbia adopted the Draft Amendments to the Law on Enforcement and Security. The purpose of these changes is to improve legal certainty, increase predictability and efficiency of enforcement proceedings, while also establishing a fairer balance between creditors and debtors.
Protection of the Right to a Sole Home
The most significant novelty is the protection of the debtor’s right to their sole home. Under the new provisions, a real estate property meeting the following conditions cannot be subject to enforcement for debt collection:
– it is the only real estate owned by the debtor,
– its surface area does not exceed 60 m²,
– the debtor has had registered residence at that address for at least five years prior to the filing of the enforcement proposal.
This amendment aims to ensure more effective protection of the right to a family home, guaranteed by the European Convention on Human Rights, as well as to prevent homelessness and protect citizens with the lowest incomes, while at the same time preventing abuses in enforcement proceedings.
The announced amendment actually harmonizes the Constitution with the European Convention on Human Rights, and in line with the case law of the European Court of Human Rights, enforcement will be assessed as “socially justified” and will not be carried out if humanitarian reasons exist.
The Ministry of Justice emphasizes that the new provisions are consistent with the Constitution, as they simultaneously protect the right to a home and enable debt collection through other assets or repayment plans.
The competent courts will be obliged to verify compliance with these conditions and to halt enforcement where they are met – the court will ex officio check whether the conditions are fulfilled and reject the enforcement proposal if they are, and if enforcement has already been ordered, the debtor has the right to request that the property in question be declared exempt from enforcement, with the final decision resting with the judge.
Exceptions to this rule apply in cases where the debt arose from legal maintenance obligations or a criminal offense, as well as when the debtor expressly consents to enforcement being carried out against that property.
Position of Debtors
The amendments introduce tangible protections for debtors: the seizure of assets cannot jeopardize basic living conditions, and enforcement proceedings must be clear, predictable, and free of unnecessary financial and psychological burdens. This is the key value of the amendments: establishing an enforcement model that does not deprive debtors of the means for basic subsistence, but instead directs them toward responsible and sustainable fulfillment of obligations.
Work of Public Enforcement Officers
For public enforcement officers, the new provisions mean both relief and challenge. By limiting compulsory collection, administrative burdens are reduced and legal certainty increased, but the chances of successful enforcement are also decreased, which for enforcement officers means a greater number of open cases and longer timeframes for their resolution.
Impact on Creditors
The proposed amendments also enhance legal certainty by clarifying and further regulating enforcement procedures, making them more efficient and transparent. They ensure that every claim has a realistic opportunity to be collected within a reasonable time frame. In this way, creditors are enabled to recover their claims more quickly and effectively, which contributes to safeguarding their economic security.
Conclusion
The proposed amendments to the Law on Enforcement and Security represent a step toward establishing a balance between the interests of creditors, debtors, and public enforcement officers. They may bring long-term benefits to all parties involved by enabling more efficient debt collection, greater legal certainty, and a fairer relationship among participants.
