Implementation of Transitional Laws in Serbia 2006

Implementation of Transitional Laws in Serbia 2006and legitimacy of the governing agencies’ activities 375 , bar the activities ofthe Assembly, President of the Republic, Prime Minister, ConstitutionalCourt, judiciary and public prosecutors. 376 Therefore, this law 377 protectsthe highest state governing bodies in Serbia, whose activities cannot becontrolled by the Ombudsman. Ombudsman is also authorized to submitto the Government and the Assembly motions for amendments to the laws,regulations and other general acts as well as to initiate the introduction ofnew laws that would contribute to the implementation and protection ofcitizens’ rights. 378 The incumbent can also instigate a procedure with theConstitutional Court with the view to appraising legality and constitutionalityof laws and other acts 379 ; he/she is authorized to propose a public motionto sack a dignitary liable for citizens’ rights infringement 380 as well as to filefor or submit report leading to the initiation of a criminal, offence or otherrelevant procedure. 381 The Law obliges state agencies to put at Ombudsman’sdisposal all the data, regardless their confidentiality, except when this wouldcontravene the positive laws. 382 This stipulation thus allows state agencies todeny Ombudsman’s request for accessing certain confidential data by callingupon other positive laws. According to Montenegrin Law on the Protectorof Human Rights and Liberties, a governing body is under obligationto grant Ombudsman insight to all data, regardless their confidentiality.Therefore, there is no possibility for Ombudsman in Montenegro to bedenied insight into certain data by merely calling upon some other laws. 383Upon their own initiative or, alternatively, upon citizens’ complaint 384 , theincumbent instigates procedure but can also act preventatively by providingdecent service, mediating or giving advice and opinion on issues withintheir remit. 385 Complaint can be filed by any physical person, legal entity,domestic or international, who considers their rights infringed upon. 386Before filing a complaint though, the submitter is obliged to try and protect375 Ibid, Article 17, Item 2376 Ibid, Article 17, Item 3377 Law on the free access to information of public interest (see above under 4) also prescribes that decisionsbrought by the Assembly, President of the Republic, Prime Minister, Supreme Court, Constitutional Court andRepublic General Attorney cannot be appealed against378 Law on the Protector of citizens, Article 18, see above under 5379 Ibid, Article 19380 Ibid, Article 20, Item 1381 Ibid, Article 20, Item 2382 Ibid, Article 21, Item 1383 Law on the Protector of Human Rights and Freedoms, Article 40, Item 1. See above under 357384 Law on the Protector of citizens, Article 24, Item 1, see above under 5385 Ibid, Article 24, Item 2386 Ibid, Article 25, Item 184