ANNEX I – LEGAL FRAMEWORK AND THE SCOPE OF WORK OF THE PROTECTOR OF CITIZENS LEGAL FRAMEWORK The Protector of Citizens of the Republic of Serbia is an independent and autonomous state body introduced in the legal system of the Republic of Serbia in 2005 via the Law on the Protector of Citizens246. The position of the institution was reinforced by the Constitution of the Republic of Serbia247 from 2006, in accordance with the best international experiences. The Constitution guarantees the Protector of Citizens independence. The Protector of Citizens is subject, pursuant to the provision of the Constitution, to the oversight of the National Assembly. In exercising oversight, the National Assembly is not authorized, the same as any other body, organization or individual, to influence the operations and actions of the Protector of Citizens.248 The Law on the Amendments to the Law on Ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment249 stipulates that the Protector of Citizens is designated to carry out the activities of the National Preventive Mechanism. The Constitution of the Republic of Serbia defines the nature and competence of the Protector of Citizens, a circle of public authorities that are exempt from the control function of this body; prescribes that the Protector of Citizens is appointed and removed from office by the National Assembly, to which he/she is accountable for his/her work; guarantees immunity to the Protector of Citizens as a member of parliament and directs to the adoption of a special (organic) Law on the Protector of Citizens. The Constitution also prohibits the Protector of Citizens to be a member of a political party and authorizes him to submit draft laws under his competence. Constitutional Law on the Implementation of the Constitution of the Republic of Serbia250, inter alia, prescribes the obligation of the newly elected convocation of the National Assembly to harmonize the law governing the Protector of Citizens with the Constitution during the first session after the election of the Government and to appoint the (first, PC remark) Protector of Citizens. The Law on the Protector of Citizens prescribes in detail the competence of the Protector of Citizens, his/her appointment and removal from office, investigations handled by the Protector of Citizens, the duty to report to the National Assembly and cooperate with other bodies, the right to salary, funds for work, and the work of the Secretariat of the Protector of Citizens. The Law on the Amendments to the Law on Ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment251, adopted on 28 July 2011, stipulates that the Protector of Citizens carries out Law on the Protector of Citizens, “Official Gazette of RS“, no. 79/05 and 54/07. “Official Gazette of RS”, number 98/2006 (Part Five – Regulation of Power, Section 5 “The Protector of Citizens” Article 138). 248 Article 2 Paragraph 2 of the Law on the Protector of Citizens. 249 “Official Gazette of RS – International Treaties“, no. 07/11. 250 Article 5 Paragraph 1 of the Constitutional Law for the Enforcement of the Constitution of the Republic of Serbia, “Official Gazette of RS“, no. 98/06. 251 Already stated in footnote no. 4. 246 247 - 130 -