assistance of the deputy of the protector of citizens who is in charge of child rights and who
in this manner gets the autonomy in work.
One of the goals of the new law is to provide that persons from the widest circle of candidates
be elected as the protector of citizens, deputies to the protector of citizens and for functions as
job positions and to prevent the performance of these functions and job positions in the
Protector of Citizens, as an independent state body, from turning “into occupation”.
COMPETENCE AND MANNER OF WORK
The Protector of Citizens shall act within the framework of the Constitution, laws, other
regulations and general acts, as well as ratified international treaties and generally accepted
rules of international law295. The task, or competence of the Protector of Citizens, is defined
by the Constitution and the Law twofold: to protect the rights of citizens and to control the
legality and regularity of the work of the authorities 296 and organizations to which public
powers have been delegated (hereinafter–public authorities and organizations 297). The Law
on the Protector of Citizens also specifies that the Protector of Citizens should “protect and
promote human and minority freedoms and citizen rights”.
There is no citizens’ right or freedom exempted from the protection, oversight and promotion
role of the Protector of Citizens.
In his work, the Protector of Citizens follows the principle of equity within the framework of
positive law. Much more than just formally observing the law, the Protector of Citizens
examines ethics, conscientiousness, impartiality, expertise, purposefulness, effectiveness,
respect for the dignity of parties, and other characteristics that need to characterize the public
administration, which the citizens fully expect as tax payers.
The Protector of Citizens oversees the work of government agencies, the body authorized for
legal protection of property rights and interests of the Republic of Serbia and other bodies and
organizations, enterprises and institutions which have been delegated public authority
(public authorities and organizations) The Protector of Citizens, according to the provisions
of the Constitution and the Law, among all bodies and organizations of public authorities and
organizations, is not authorized to oversee only the work of the National Assembly, the
President of the Republic, the Government, the Constitutional Court, the courts and the public
prosecutor's offices.298
The Protector of Citizens, with the appropriate personal security clearance certificate, is
guaranteed access to information of all levels of confidentiality, which are necessary for the
performance of tasks from his/her competence.299
Article 2, paragraph 2 of the LoPoC.
Article 17, paragraph 2 of the LoPoC.
297 The Law on the Protector of Citizens (Article 1), when determining the circle of entities whose work the Protector
of Citizens is authorized to control, for state administration bodies, the body competent for legal protection of
property rights and interests of the Republic of Serbia, as well as other bodies and organizations, enterprises and
institutions which are entrusted with public authorizations, introduces the abbreviated label “administrative
authorities”. However, the use of this term causes confusion if it is not known that Article 1 of the LoPoC
determines its content (and this is different from commonly accepted legal theory and practice). In order to avoid
such confusion in the case of partial reading of this report, the wording “public authorities and organizations“ will
be used for entities subject to control by the Protector of Citizens, as their circle is defined by the Constitution and
the Law.
298 Article 138, Paragraph 2 of the RS Constitution, Article 17, paragraph 3 of the Law on the Protector of Citizens.
299 Article 38, Paragraph 1 and 2 of the Law on Information Confidentiality, “Official Gazette of the RS”, number
104/09.
295
296
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