deciding upon complaints by second-instance authorities. In these cases, the Protector of
Citizens initiated procedures “because of the silence of the administration” and the MoI after
that efficiently decided upon complaints, which removed the omissions in operation.
The Protector of Citizens believes that in 2019 the decision making on the request for entrance
into citizenship of the Republic of Serbia was accelerated and that the operation of the
Administration for administrative affairs of the MoI (hereinafter: AAA) was improved
compared to previous years. Furthermore, the Protector of Citizens emphasizes that the AAA,
having initiated the oversight procedure of the Protector of Citizens efficiently removed the
omissions in operation, which resulted in the termination of the procedure by suspension to
the complainants’ content. However, it is necessary to highlight that there is still a serious
backlog in the operation with regards to requests for entrance into citizenship. For instance,
the Protector of Citizens recently initiated the procedure due to failure to make decision on
the request for the entrance into citizenship from 2010.
In 2019 the Law on Travel Documents154 was amended, so the effects of the application still
cannot be analyzed.
During 2019, the Protector of Citizens received a certain number of complaints of foreign
citizens, in which the decisions of the border police station were made about the prohibition
of entrance into the Republic of Serbia to them. Having performed the insight into the
complaints, the Protector of Citizens concluded that the Border Police Directorate acted in
accordance with the Law on Foreigners so these foreign citizens in writing (by decision) were
prohibited from entering the state. Foreign citizens were entitled to the use of regular legal
remedy of complaint to the decisions they received.
The Protector of Citizens did not confirm the improvement of complaint procedure at the MoI
in comparison to the previous year. It was concluded that complaint procedures are
implemented pursuant to the Law on Police and Rulebook on the Manner of Actions During
the Complaint Procedure but that in responses issued by the MoI to complainants to the
operation of police officers most frequently the actions taken with regards to the complaint
are not stated and the facts of importance on decision making on its justification are not
presented. The Protector of Citizens believes that in the complaint procedure in material sense
occasionally there are deviations with regards to the rules of profession and principles of good
administration, which is aimed at the avoidance of protentional disciplinary responsibility of
police officers. The MoI on several occasions suggested that it is in the interest of citizens,
police officers and Ministry itself that the complaint procedures are implemented in
compliance with the law, without the existence of doubt about their process or outcome. It is
necessary that the MoI develops and strengthens internal mechanisms of control of its
operation in first-instance and second-instance procedure (when it comes to the regular
complaint procedure) as well as to improve actions in expedited complaint procedure (when
pursuant to the law the complainant is prevented from participating in the procedure).
Even though in the previous period the Law on Police155 was amended and the Law on
Records and Data Procession in the Field of Internal Affairs156 was passed, the Protector of
Citizens believes that the application of the stated laws did not improve the operation of the
MoI in 2019.
“Official Gazette of RS“, no. 90/07, 116/08, 104/09, 76/10, 62/14, 81/19.
Law on Amendments to the Law on Police, “Official Gazette of RS“, no. 24/18 and Law on Amendments to the
Law on Police, “Official Gazette of RS“, no. 87/18.
156 “Official Gazette of RS“, no. 24/18.
154
155
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