The Resolution of the Parliamentary Assembly on the institution of the Ombudsman, adopted
in October 2013, reaffirmed this stand by calling on member states to “provide the institutions
of the Ombudsman with sufficient financial and human resources to enable them to carry out
their tasks effectively.”291 In light of the economic crisis, “the Assembly calls on member states
to make maximum efforts to avoid budget cuts that would lead to the loss of independence of
the Ombudsman institutions.”292 The Venice Commission of the Council of Europe also firmly
insists on its opinion that financial independence of ombudsmen must be ensured by
legislative texts as specifically and as completely as possible.293
Venice Commission of the Council of Europe adopted in March 2019 a set of 25 guidelines
crucial for the establishment and functioning of the ombudsman institution in democratic
society titled “Principles of Protection and Promotion of the Ombudsman Institution”, i.e.
“Venice Principles”. The purpose of the principles is to consolidate and empower the
ombudsman institutions which have a key role in strengthening of democracy, rule of law,
good administration as well as protection and promotion of human and minority rights.
NECESSITY FOR THE AMENDMENTS TO THE LEGAL FRAMEWORK ON THE
PROTECTOR OF CITIZENS
Considering the fact that the Constitution of the Republic of Serbia was passed in 2006, and
that the Protector of Citizens started working one year later, after more than ten years of
experience, the Protector of Citizens pointed to the need for improvement of the legal
framework.
The amendments to the Law on the Protector of Citizens are one of the obligations of the
Republic of Serbia in the process of accession to the European Union within the Action Plan
for Chapter 23 – judiciary and fundamental rights whose enforcement has been postponed
since 2016.
With the aim of further strengthening of independence, objectivity, fairness and impartiality
of the institution operation, the Protector of Citizens executed the working version of the new
law on the Protector of Citizens which respects the international principles of protection and
promotion of the ombudsman institution of contained in the Venice Principles of the Council
of Europe294.
The working version of the new law envisages great transparency of the election of the
protector of citizens by more closely regulated the procedure of the selection of the protector
of citizens via public competition. Simultaneously, the working version of the new Law
contains provisions which would enable a wider citizen public to exercise their rights before
the Protector of Citizens as well as the provisions which would promote the efficiency of
acting upon complaints.
The working version of the new Law on the Protector of Citizens pays special attention to the
promotion of child rights, so that the Protector of Citizens has the status of a special body for
the protection and promotion of child rights, which is upgrade of the long-term successful
work of this institution in this field. For the performance of the activities in the field of the
improvement of child rights, there would be budget funds specially allocated within the
budget of the Protector of Citizens, and the protector of citizens would have in that the
Resolution in the Serbian and English language available at: http://www.zastitnik.rs/index.php/langsr/2011-12-25-10-17-15/3057-2013-10-25-10-34-49.
292 Ibid.
293 See the Compilation of documents on the institution of ombudsmen of the Venice Commission available at:
http://www.venice.coe.int/webforms/documents/CDL(2011)079-e.aspx.
294 Adopted at 118th Plenary session (Venice, 15th – 16th March, 2019).
291
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