O potrebi unapređivanja zakonskog okvira za rad Zaštitnika građana
On the need to improve the legal framework for the Citizen Protection

Author(s): Luka Glušac
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Evaluation research
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; Law on the Protector of Citizens; legal framework; improvement necessity; evaluation; Republic of Serbia;
Summary/Abstract: While the Law on the Protector of Citizens (hereinafter: the Law) was enacted in 2005, it was 2006 when this institution was constitutionalized for the first time in the Serbian legal history. That legal path is rarity which can, to some extent, be attributed to the specific circumstances of legal life in equally rare form of the state community (Serbia and Montenegro). After more than 5 years of the implementation of the Law, there is a need to improve the legal framework for the work of the Protector of Citizens (Ombudsman), which was also noted in the last two annual reports of the Ombudsman. The reasons for amendments to the Law are twofold according to the Ombudsman – on one hand, there is a need for regulating certain issues in a different manner whereas, on the other hand, it is necessary that some of still unregulated issued be regulated for the first time. The author reviews the existing provisions of the Law, as well as those in the proposed draft laws. The paper does not give a comprehensive analysis of the need of the Ombudsman, comparative practices or international standards, but the targeted analysis of specific issues. It does not deal with the procedural provisions of the Law. In the main part of the paper, author focuses on the following issues: the need to protect the name and insignia of the Ombudsman, tenure and the possibility of re-appointment of the Ombudsman, the selection and the number of specialist areas “covered” by the Deputies, the criteria for the selection of the Deputies and the need to ensure the Ombudsman’s financial independence. In a separate segment, the author assesses whether it is necessary to improve the legal framework for the work of the Ombudsman in order to be re-accredited as National Institution for the Protection and Promotion of Human Rights (NHRI) with the highest A status, which will follow in 2015. By analyzing the comparative legal practices and opinions of the Venice commission, the author gives recommendations how to improve the Law on the Protector of Citizens. These recommendations may be helpful when amending the ombudsman laws in other countries of the region as well.

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