5.
OTHER ACTIVITIES IN THE AREAS OF WORK OF THE
PROTECTOR OF CITIZENS
5.1.
AREA OF CIVIL AND POLITICAL RIGHTS
ACTIVITIES OF THE PROTECTOR OF CITIZENS
Justice and judiciary
In this reporting period, too, citizens contacted the Protector of Citizens expecting the
provision of legal assistance for the purpose of exercise and protection of rights in the
proceedings before competent bodies. It is important to mention that in this reporting period
the application of the Law on Free Legal Assistance144 started. Taking into account that the
application of the Law started on 1st October, 2019, it is still not possible to analyze the effects
of the application.
In complaints to the Protector of Citizens it is still indicated to the problems with regards to
the supervision implemented by the Ministry of Justice over the operation of court
administration, acting of courts in cases within prescribed deadlines and acting upon
complaints and presentations of citizens. Citizens who use legal remedies stipulated by the
Law on Court Organization145 and Court Rulebook146 express dissatisfaction believing that the
predicted mechanisms of supervision are not effective and efficient since frequently in
situations in which their complaints by competent instance are estimated as founded,
measures which are taken do not provide expected effects. With regards to this, citizens most
frequently express dissatisfaction in situations when their complaints, especially those
referring to the duration of the proceeding, were estimated as founded by the Court President,
and they are informed that the measures were taken to accelerate the proceeding but even
apart from that there are no changes in the status of the proceedings. In these cases, citizens
contact the Ministry of Justice as the authority which controls the performance of court
administration activities, acting in cases within prescribed deadlines and acting upon
complaints and presentations. Nevertheless, their expectations are not met, since acting of the
Ministry is most often terminated by sending of the report of the Court President to the
complainant.
It is important to mention also that from the complaints received by the Protector of Citizens
referring to the operation of judiciary bodies and the Ministry of Justice the conclusion may
be drawn that citizens are not familiar enough with the authorizations of these bodies,
especially of the Ministry of Justice. Insufficient information of citizens, lack of professional
legal assistance with certain number of citizens results in wrong and legally unfounded
expectations that the Ministry may influence on the court proceedings, court decisions and
assess their justification.
“Official Gazette of RS“, no. 87/18.
“Official Gazette of RS“, no. 116/08, 104/09, 101/10, 31/11, 78/11, 101/11, 101/13, 106/15, 40/15, 13/16,
108/16, 113/17, 65/18, 87/18 and 88/18.
146 “Official Gazette of RS“, no. 110/09, 70/11, 19/12, 89/13, 96/15, 104/15, 113/15, 39/16, 56/16, 77/16, 16/18,
78/18, 43/2019 and 93/19.
144
145
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