ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA change of location of the compatible plant SKID - above ground reservoir for LPG - liquid petrol gas. The complainant claimed that he received a letter 169, from the Mayor of Donji Vakuf Municipality related to this request whereby it was said that the Spatial Planning, Cadastre and Property Relations Service would not issue the required approval until he had settled all his obligations toward the Donji Vakuf Municipality arising from communal fee and the fee for the use of construction area. During the investigation the Ombudsman established that there was a violation of the provisions of the Law on Administrative Proceedings of the Federation of Bosnia and Herzegovina 170 so it issued a recommendation 171 to the Municipality Donji Vakuf. This recommendation was implemented. 5.4.1. The right to an efficient legal remedy In 2019 the Ombudsman processed multiple complaints 172 in which the citizens pointed out the denial of the right to a legal remedy in respect of information on the results of the public competition of the Civil Service Agency of the Federation of Bosnia and Herzegovina. Namely, after the publication of information on the results of the public competition of the Civil Service Agency of the Federation of Bosnia and Herzegovina, if the candidate who has not been selected for the position is not satisfied with the decision, he has no right to appeal. In the event that candidates who have not been selected to the position file an appeal with the Civil Service Appeals Board of the Federation of Bosnia and Herzegovina, the appointed appellate body shall issue a Decision rejecting the appeal as ill-founded, interpreting the Law on Civil Service of Sarajevo Canton 173 in a way that only a selected candidate is entitled to appeal. Ombudspersons sent a recommendation to the Prime Minister of the Federation of Bosnia and Herzegovina. On 16 August 2019 the Ombudsman received a letter of the Government of the Federation of Bosnia and Herzegovina no. 03-10-586 / 2019 dated 13 August 2019, which also contained a statement from the Civil Service Appeals Board. In the stated answer, it was pointed out that in September 2018, the Rulebook on Internal Organization and Systematization of Work Positions No. 01-02-28 / 18 and No. 01-02-149 / 18 entered into force, which envisages an increase in the number of civil servants engaged on case handling from two to five incumbents. After the completion of the competition procedure, three new employees started working on the tasks for which they were selected. The recommendation has been partially implemented. 169 A document no.: 02-23-00440/18 dated 23 August 2018 Article 216 Paragraph 1 of the Law on General Administrative Procedure of the Federation of Bosnia and Herzegovina: „ Where the procedure is instigated on request of the party, that is, ex officio, if it is in the party’s interest and it is not necessary to carry out a special examination procedure prior to taking a decision and there are no other reasons due to which it would not be possible to issue a decision without delay (resolving of a prior issue and the like), the responsible authority shall be required to issue a decision and communicate it to the party as soon as possible and within 30 days at the latest calculating from the date of submission of a proper request, that is from the date of instigation of the procedure ex officio, unless a shorter period is set by a special provision“. 171 Recommendation no. 23/19 dated 05 February 2019 172 Ž-SA-05-986/18, Ž-SA-04-1107/18, Ž-SA-04-1236/18, Ž-SA-04-15/19, Ž-SA-04-212/19, Recommendation no. P-153/19 dated 29 May 2019 173 Official Gazette of Sarajevo Canton no. 31/2016 170 47

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents