Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006Recommendations for the Implementation of theLaw on Free Access to InformationOn the basis of the research of the implementation of the Law on free accessto information, the Initiative has reached the following recommendations:• Authorized persons in the organs of public authorities mustbear responsibility for the violation of the Law on free access toinformation, so that the penal regulations of the law would beobeyed, and its implementation advanced.• The Government must start fulfilling their legal obligations.Monetary funds must be provided for the organs of publicauthorities, especially smaller municipalities in Serbia, in order toemploy the personnel which would work on the implementation ofthe laws• The Government must make sure that the conclusions anddecisions of the Commissioner are executed. Since there has notbeen such a case in practice, the question of the mechanisms on thebasis of which the Government fulfils this obligation is imposed.The recommendation of the Initiative is that the decisions andconclusions of the Commissioner be ensured through thecompulsory measure in the form of a monetary fine which can berepeated several times until the obligation is fulfilled.• The responsible persons in the Ministry of Culture must bearresponsibility for the non-fulfillment of the obligations from the Lawon free access to information. The correction and amendment ofthe Article 45 of the law is needed immediately, which should state:„The supervision over the implementation of this law is done bythe Ministry for Local Management and Self-management”, insteadof the current article: „The supervision over the implementationof this law is done by the Ministry responsible for the affairs ofinforming”. The Ministry of Culture has shown that they are notup to the task.• Journalists and public means of informing must have equal conditionsand equal access to information. By putting some media in a betterposition than others the Law on free access to information, in thepart by which the prohibition of the discrimination of journalistsand means of public informing is regulated, is being broken. This80
Implementation of Transitional Laws in Serbia 2006has been the previous practice of the Ministry of Internal Affairs.• The training of personnel in the organs of public authorities whichdeal or will deal with the implementation of this law must beapproached more seriously and more persistently• It is necessary to precisely define by the law whether the salaries ofmanagers and members of administrative and supervising boardsof the public firms represent information which should not beavailable to the public. It happens in practice that some public firmsallow access to these information, and some do not.• In order to make the work of the Commissioner and his officebetter, additional support of the authorized organs in the form ofemployment of new personnel and the securing of a new, largerworking space is needed.• Paragraph 1 of the Article 2 of the Constitutional law should beerased.Law on the Protector of CitizensUpon the suggestion of the Government of the Republic of Serbia, Lawon the Protector of citizens 356 was adopted in the National Assembly of theRepublic of Serbia on September 16th 2005, and it took effect on September24th 2005. The law derives its name from Swedish word “ombudsman”meaning a representative, advocate or confidant. This democratic institutionhas a long-standing tradition and was first introduced in Sweden in 1809.As for the Serbia, the concept of ombudsman exists in autonomous regionof Vojvodina and local self-governing bodies. Though each municipalityhas right to decide upon a local, municipal ombudsmen, there are noprecise data on the number of local bodies which have made use of such apossibility in their citizens’ best interest. It is interesting that the lawmakeropted for the phrase “protector of citizens”, though in Vojvodina the word“ombudsman” is used, whereas in local self-governing bodies the alternativeterm “ombudsman” or “citizens’ advocate” has been introduced. In Austriaand Macedonia the term “defender of citizens’ rights” can be met. Serbiawas amongst the last European countries to introduce this concept.356 Law on the Protector of citizens; see above under 581
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Implementation of Transitional Laws in Serbia 2006

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