Implementation of Transitional Laws in Serbia 2006

Implementation of Transitional Laws in Serbia 2006can be shortened to the minimum of 15 days in case there is a dangerof permanently or substantially damaging the submitter’s rights. 397 In casestate agency fails to act upon the recommendations, Ombudsman informsthe public, Assembly and Government but can also propose a motion forestablishing the agency management’s liability. 398 As opposed to our lawthat does not mention the possibility at all, Law on the Ombudsman forHuman Rights of Bosnia and Herzegovina envisages an excellent legalsolution by stating that a complaint submitted to Ombudsman or any otherintervention on his/her part is certain not to lead to a criminal, disciplinaryor other sanctions against the submitter and that it shall not incur any otherdiscomfort or discrimination. 399Thereby, as the Law protects them against a potential institutional retribution,citizens of Bosnia and Herzegovina whose human rights are encroachedare encouraged to file complaints to the Ombudsman.The Ombudsman is to submit to the Assembly a report on their activitiesin the previous year at the latest till March 15 th of the following year, andcan also submit special reports if needed. 400 An Expert Office of theOmbudsman is formed with the view to performing of the incumbent’sduties in the most efficient possible manner. 401Within six months of the day of this Law taking effect, the Assembly shallelect the Ombudsman 402 , and the incumbent shall, in turn, firstly propose amotion for electing Deputies within three months after taking their office 403and, secondly, bring within 60 days a General Act on the Organizationand Work of the Expert Office. 404 The incumbent shall not act upon thecases initiated before this Law taking effect. 405 As opposed to this, ratherprescriptive a solution, Kosovo Law on the Ombudsman stipulates thatOmbudsman is in charge not only of the cases originated after the Law tookeffect but also those based on the events and facts that happened beforethe date, when these facts bring about the continuation of the human rights397 Ibid, Article 31, Item 4398 Ibid, Article 31, Item 5399 Law on the Ombudsman for Human Rights of Bosnia and Herzegovina, Article 18, Item 2. See above under358400 Law on the Protector of Citizens, Article 33, see above under 5401 Ibid, Article 38402 Ibid, Article 39, item 1403 Ibid, Article 39, Item 2404 Ibid, Article 40405 Ibid, Article 4386