The procedural position of an intervener in anti-discrimination lawsuits

Abstract

The institute of an intervener is one of many procedural institutes whose regulation is characterized by considerable disparity in the Serbian anti-discrimination legislation. Considering the fact that this subject matter is not regulated either in the Act on the Prohibition of Discrimination (2009) or in the Act on the Prevention of Discrimination against People with Disabilities (2006), the applicable law on this matter is embodied in the Civil Procedure Act as a subsidiary source of law. In addition, the Gender Equality Act includes some subject-specific provisions on the right of third parties to participate in anti-discrimination lawsuits. Given the fact that this right of third parties is a European standard envisaged in EU documents, it is important to address a number of questions on the procedural position of an intervener. Who can be an intervener? Which of the claimants can he/she join and support? What kind of status may he/she have in the proceedings? What is the purpose of the intervener's involvement in the proceeding? Finally, can the intervener support the defendant and is there leeway for applying the intervention effect of the final judgment? In this context, the author provides a detailed analysis of the procedural dilemmas underlying this subject matter and proposes a legal solution de lege ferenda which would be most appropriate for regulating the participation of interveners in anti-disctimination lawsuits.