The Proactive Role of the Institution of the Local Ombudsman in the Protection of Human Rights Against the Systematic Violation by Adopting Illegal Acts of Local Self-Government Bodies
The Proactive Role of the Institution of the Local Ombudsman in the Protection of Human Rights Against the Systematic Violation by Adopting Illegal Acts of Local Self-Government Bodies

Author(s): Ivan Petrović
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Local Ombudsman; Law on Misdemeanors; Law on Local Self-Government; General act;Decision; Illegality; Citizen's rights;
Summary/Abstract: In the paper, the author focuses on the role of the Local Ombudsman, specifically highlighting the illegality of general act norms imposed by of local self-governments mayors. These norms contravene the Law on Local Self-Government when it comes to establishing special professional services and general acts. Additionally, decisions made by local self-government assemblies in relation with penal policy, specifically regarding the prescription of fines, violate the Law on Misdemeanors. In this context, the author highlights the illegality of the executive bodies of local self-government establishing special professional services, despite this being expressly within their jurisdiction. This creates the conflict of interest in the selection and the appointment of managers for these special professional services. The author also highlights the illegitimate imposition of fines, which the misdemeanor courts in the Republic of Serbia use to issue rulings that lack legal force, thereby infringing upon the citizens' guaranteed constitutional rights. In addition, the paper highlights the significance of establishing a local ombudsman to stop such infringements. This will enable local self-government assemblies to eliminate the aforementioned illegalities, preventing future occurrences that could harm citizens' rights and the Republic of Serbia judiciary.

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