Implementation of Transitional Laws in Serbia 2006

More documents

Recommendations

Info

Implementation of Transitional Laws in Serbia 2006work of his service is regulated, and which were approved by the Parliamenton May 23 rd , 2005. The documents are: the Decision on the formation of theOffice of the Commissioner for information of public importance 302 , theDecision on the salaries in the Office of the Commissioner for informationof public importance 303 , and the Rulebook on the inner organization andsystematization of job positions in the Office of the Commissioner forinformation of public importance 304 .The Commissioner is, according to the law, obliged to file a Report to theParliament of Serbia on actions taken by the organs of the authorities inthe implementation of this law in their actions and outputs, three monthsupon the ending of the fiscal year 305 . The Commissioner did this on 14thMarch 2006, for the year 2005 306 .The Commissioner also had the obligation to issue in Serbian and otherlanguages in official use, a Manual with the instructions for the realizationof the rights regulated by this law 307 , as well as the Directions for publishingthe Report on the work of state organs. The first obligation was fulfilledwith decisive help from OEBS and the Coalition of non-governmentalorganizations for the freedom of access to information, when the “Guidethrough the Law on free access to information of public significance” wasbrought. This guide was done in Ruthenian 308 , Romanian 309 , Albanian 310 ,Slovakian 311 , Bulgarian 312 and Hungarian 313 . The help was necessary inspite of the legal regulation that the financial means for the work of theCommissioner and his expert team come from the budget of the Republic302 Decision on the formation of the Office of the Commissioner for information of public importance, canbe found on the website: http://www.poverenik.org.yu/Dokumentacija/28_ldok.pdf, visited on November 23 rd ,2006303 Decision on the salaries in the Office of the Commissioner for information of public importance, can befound on the website: http://www.poverenik.org.yu/Dokumentacija/30_ldok.pdf, visited on November 23 rd ,2006304 Rulebook on the inner organization and systematization of job positions in the Office of the Commissionerfor information of public importance, can be found on the website: http://www.poverenik.org.yu/Dokumentacija/29_ldok.pdf,visited on November 23 rd , 2006305 Law on free access to information, Article 36, see above under 3306 See above under 298307 Law on free access to information, Article 37, see above under 3308 The guide in Ruthenian language can be found on the website: http://www.poverenik.org.yu/Dokumentacija/41_ldok.pdf,visited on November 23 rd , 2006309 The guide in Romanian language can be found on the website: http://www.poverenik.org.yu/Dokumentacija/40_ldok.pdf,visited on November 23 rd , 2006310 The guide in Albanian language can be found on the website: http://www.poverenik.org.yu/Dokumentacija/39_ldok.pdf,visited on November 23 rd , 2006311 The guide in Slovakian language can be found on the website: http://www.poverenik.org.yu/Dokumentacija/38_ldok.pdf,visited on November 23 rd , 2006312 The guide in Bulgarian language can be found on the website: http://www.poverenik.org.yu/Dokumentacija/37_ldok.pdf,visited on November 23 rd , 2006313 The guide in Hungarian language can be found on the website: http://www.poverenik.org.yu/Dokumentacija/34_ldok.pdf,visited on November 23 rd , 200672
Implementation of Transitional Laws in Serbia 2006of Serbia 314 . The obligation of issuing a Manual, the Commissioner hadfulfilled according to the law on 23rd May 2005 315 . At the beginning of2006, the Government had, on the proposition of the Commissioner andthe Ministry of Culture, brought a Regulation on the height of the necessaryexpenses for issuing a copy of the documents containing information ofpublic importance 316 , by which the basic legal conditions for the work ofthe Office of the Commissioner were fulfilled.The Office of the Commissioner published the Guide through the lawon free access to information of public significance also in the Romalanguage 317 . This is the first legal act in Serbia published in the language ofthis national minority.The Constitution of Serbia did not anticipate the „right to free accessto information” as such, but defined a new „right to be informed” 318 .This means that everyone has the right to be accurately, completely, andtimely informed on issues of public significance, that the means of publicinforming are obliged to obey this rule 319 and that everyone has the rightof access to data in the possession of state organs and organizations whichhave public authorizations 320 . Therefore, such a definition in a large extentdiffers from the already regulated right to free access to information. Also,the Commissioner had not been made a constitutional category, unlike theombudsman 321 . According to the Constitutional law, it is regulated thatthe newly elected members of the Parliament will, during the first session,coordinate with the Constitution the laws which regulate the Protector ofcitizens and the realization of the right of the citizens to be informed andelect the Protector of citizens, the organ responsible for monitoring therealization of the right of the citizens to be informed, the President of theNational Bank of Serbia and the organs of the State revisory institution 322 .There is no need to coordinate the law on free access to informationwith the Constitution, so the intention of the framers of the law is not314 Law on free access to information, Article 34, Paragraph 4, see above under 3315 Instructions for publishing the report can be found on the website: http://www.poverenik.org.yu/Dokumentacija/26_ldok.pdf,visited on November 23 rd , 2006316 Regulation on the height of the necessary expenses for issuing a copy of the documents containing informationof public importance, can be found on the website: http://www.poverenik.org.yu/dokumentacija.asp?ID=4, visited on November 23 rd , 2006317 The guide in the Roma language can be found on the website: http://www.poverenik.org.yu/Dokumentacija/56_ldok.pdf,visited on November 23 rd , 2006318 Constitution of Serbia, Article 51, see above under 7319 Ibid, Paragraph 1320 Ibid, Paragraph 2321 Ibid, Article 131322 Constitutional Law, Article 5, see above under 10473
Page 2 and 3:
Implementation of Transitional Laws
Page 4 and 5:
Page 6 and 7:
Page 8:
Page 12 and 13:
Page 14 and 15:
Page 16 and 17:
Page 18 and 19:
Page 20 and 21:
Page 22 and 23: Implementation of Transitional Laws
Page 122 and 123:
Page 124 and 125:
Page 126 and 127:
Page 128 and 129:
Page 130 and 131:
Page 132 and 133:
Page 134 and 135:
Page 136 and 137:
Page 138 and 139:
138Implementation of Transitional L
Page 140 and 141:
Page 142 and 143:
Page 144 and 145:
Page 146 and 147:
Page 148 and 149:
Page 150 and 151:
Page 152 and 153:
Page 154 and 155:
Page 156 and 157:
Page 158 and 159:
Page 160 and 161:
Page 162 and 163:
Page 164 and 165:
Page 166 and 167:
Page 168 and 169:
Page 170 and 171:
Page 172 and 173:
Page 174 and 175:
Page 176 and 177:
Page 178 and 179:
Page 180 and 181:
Page 182 and 183:
Page 184 and 185:
Page 186 and 187:
Page 188 and 189:
Page 190 and 191:
Page 192 and 193:
Page 194 and 195:
Page 196 and 197:
Page 198 and 199:
Page 200 and 201:
Page 202 and 203:
Page 204 and 205:
Page 206 and 207:
Page 208 and 209:
Page 210 and 211:
Page 212 and 213:
Page 214 and 215:
Page 216 and 217:
show all

Implementation of Transitional Laws in Serbia 2006

Create successful ePaper yourself

Delete template?

Save as template?