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Collected Papers of the Faculty of Law, University of Novi Sad

2017, vol. 51, No. 3 – 1, pp. 829–850

Language of the paper: Serbian

Overview paper

udk: 351.941:342.7(497.11)

doi: 10.5937/zrpfns51-15856

Authors:

Dragana Petković, LL.M., Senior Adviser

The Protector of Citizens

draganapetkovicbs@gmail.com

 

Vladimir Milošević, Adviser

The Protector of Citizens

vladeemilosevic@gmail.com

Ab­stract:

The position and role of the Protector of the Citizens in the legal system of the Republic of Serbia are defined by the Constitution of the Republic of Serbia from 2006 and the Law on the Protector of the Citizens. The Protector of the Citizens has been entrusted with the jurisdiction of protecting the rights of citizens and controlling the work of the administrative bodies. In order for this body to successfully perform entrusted tasks, the law specifies a special procedure for controlling the work of administrative bodies different from the administrative procedure, to which legal regulation are not refer to, even for the purpose of filling in legal gaps. The normative arrangement of the control procedure carried out by the Protector of Citizens deserves detailed processing, with a special review of the legal practice with the aim of reviewing and proposing de lege ferenda amendment of legal regulations. In his short ten-year history, the Protector of Citizens, in conducting the process of controlling the work of the administrative bodies, met in all of his phases with numerous problems and dilemmas for which the existing legal norms did not anticipated ready solutions. In this work is presented the normative regulation of the control procedure carried out by the Protector of Citizens and experiences gained in practice could prove valuable during the next normative editing of this matter.

Keywords:

The Protector of the Citizens, control, administrative bodies and human and minority rights and freedoms.