06.08.2015 Views

Implementation of Transitional Laws in Serbia 2006

Implementation of Transitional Laws in Serbia 2006 - Archive

Implementation of Transitional Laws in Serbia 2006 - Archive

SHOW MORE
SHOW LESS
  • No tags were found...

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

<strong>Implementation</strong> <strong>of</strong> <strong>Transitional</strong> <strong>Laws</strong> <strong>in</strong> <strong>Serbia</strong> <strong>2006</strong>the Commissioner, unless it is otherwise regulated by this law 293 .Upon receiv<strong>in</strong>g a compla<strong>in</strong>t, the Commissioner establishes the facts, andthen reaches a decision 294 . The decision must be reached without delay, and<strong>in</strong> the period <strong>of</strong> 30 days at most from the day the compla<strong>in</strong>t was filed 295 .Therefore, the period <strong>of</strong> 30 days is the f<strong>in</strong>al deadl<strong>in</strong>e the Commissioner hasto reach a decision upon receiv<strong>in</strong>g the compla<strong>in</strong>t, and he is obliged to reachit “without delay”. Unallowed, untimely compla<strong>in</strong>ts and the compla<strong>in</strong>tsissued by unauthorized persons will be dismissed by the Commissioner 296 .Upon a completed process, the Commissioner reaches a decision <strong>in</strong> whichhe either dismisses the procedure upon a request, or orders the organ <strong>of</strong>public authority to send the prosecutor the requested <strong>in</strong>formation <strong>in</strong> threedays and to <strong>in</strong>form him <strong>of</strong> this <strong>in</strong> seven days.Six months after Rodoljub Sabic was elected Commissioner 297 , on 1st July<strong>2006</strong>, the authorized services <strong>of</strong> the Government provided the necessaryconditions for his work. Because <strong>of</strong> the constant <strong>in</strong>crease <strong>in</strong> the number <strong>of</strong>compla<strong>in</strong>ts, the work<strong>in</strong>g space <strong>in</strong> which the Commissioner’s <strong>of</strong>fice operatesis no longer satisfactory 298 . Also, a number <strong>of</strong> people must be employedurgently 299 . At this time the Commissioner’s <strong>of</strong>fice employs six people,<strong>of</strong> which three work on the process<strong>in</strong>g <strong>of</strong> cases upon compla<strong>in</strong>ts by therequesters <strong>of</strong> the <strong>in</strong>formation 300 . Such a small number <strong>of</strong> people are belowthe actual needs, and the employment <strong>of</strong> new ones is conditioned by theprovid<strong>in</strong>g <strong>of</strong> a new work<strong>in</strong>g space 301 . Based on the results <strong>of</strong> the research,we can conclude that the Commissioner if fully obey<strong>in</strong>g his legal obligations,and that he and his service deserve the most credit for the fact that the Lawon free access to <strong>in</strong>formation has f<strong>in</strong>ally started to be applied. Without hisefforts and enormous commitment, the citizens <strong>of</strong> <strong>Serbia</strong> would not beable to practice the right <strong>of</strong> access to <strong>in</strong>formation, nor would the organs <strong>of</strong>public authorities have modernized their attitude toward this law.The Commissioner had, <strong>in</strong> January <strong>2006</strong>, brought documents by which the293 Ibid, Article 21294 Ibid, Article 26, Paragraph 1295 Ibid, Article 24, Paragraph 1296 Ibid, Article 24, Paragraph 2297 Decision <strong>of</strong> the <strong>Serbia</strong>n Parliament number 91 from December 22 nd , 2004, by which Rodoljub Sabic wasappo<strong>in</strong>ted the Commissioner298 The report on the implementation <strong>of</strong> the Law on free access to <strong>in</strong>formation, number 021-01-9/<strong>2006</strong>-01, Commissionerfor <strong>in</strong>formation <strong>of</strong> public significance, can be found on the website: www.poverenik.org.yu, visited on November23 rd , <strong>2006</strong>299 Ibid300 Ibid301 Ibid71

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!