From the Bottom to the Top: Legal Skepticism in Serbia

Various empirical researches conducted during the last two decades consistently indicate that two sets of values and attitudes coexist in Serbia: support to the rule of law and legality and skepticism with regards to the legal system and courts. This includes low trust in courts and other public institutions, belief that law is not neutral, but an expression of interests of powerful groups and individuals, and unwillingness to go to courts due to the high costs, length of proceedings, lack of trust in courts and corruption. Furthermore, legal professionals demonstrate a lack of trust in judicial institutions, while businesspersons do not perceive laws and courts as channels to challenge governments’ decisions and achieve justice or their interests.

Social context in which these values and attitudes coexist is marked, on one hand, by high income inequality and poverty rates, and prominent role of the state in economy and other spheres of social life (often designated as political capitalism and “society capture”), on the other. Bearing in mind these features of contemporary Serbian society, the aim of the research is to explore narratives about the law, legal system and judiciary and clarify structural determinants of legal skepticism across various social strata.

We aim to conduct exploratory qualitative research (in depth interviews and focus group discussions) with three groups of respondents: (1) citizens of lower socio-economic position (with lower education and lower material status), (2) middle and higher socio-economic position (with higher education and material status), and (3) businesspersons (owners or managers of small and medium enterprises). By comparing these groups, we seek to examine whether there are significant differences in their attitudes towards the law and the legal system. We aim to understand if socio-economic status and professional background shape opinions on the rule of law, legal institutions, and access to justice.