2008, vol. 42, br. 1-2, str. 197-215
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Zaštitnik građana Republike Srbije
The protector of citizens of the Republic of Serbia
Univerzitet u Novom Sadu, Pravni fakultet, Srbija
Sažetak
Počevši od 2005. godine Srbija se priključila velikoj porodici država koje u svom pravnom sistemu imaju instituciju ombudsmana. Te godine je donet prvi srpski Zakon o zaštitniku građana, dok je prvi srpski ombudsman izabran 29. juna 2007. godine. Normativno posmatrano, Zaštitnik građana Republike Srbije ima sva obeležja klasičnog ombudsmana, s tim što su mu pridodate i funkcije koje tiču zaštite ljudskih prava uopšte. U pogledu položaja i uloge, srpski ombudsman je rađen po uzoru na danski model, ali su dodata i neka moderna rešenja.
Abstract
By enactment of the Law on the Protection of Citizens in September 2005, Serbia has joined a large family of states that have the ombudsman institution. As one among few last European countries, Serbia created regulations required for the establishment of this institute in September 2005, when the Law on the Protector of Citizens was established. In Serbia, the institution of ombudsman has the same name used only in Quebec and at Haiti: the Protector of Citizens. This term reflects well the real role of ombudsman, and at the same time it is not difficult for pronunciation in Serbian. Ombudsman's role is mainly to protect citizens from malfunctioning administration. Hence, it is a good thing to have this role suggested by the name used for this institution. The original term 'ombudsman' is difficult for pronunciation among average people. With respect to his position and role, the Serbian ombudsman was created according to the Danish model, but it goes a bit further. The scope of his work includes protection of human rights in general, the same as in many countries of the so called new democracy. The Protector of Citizens is established and dismissed from office by the National Assembly by majority vote of all representatives. A proposal for his election is submitted by the Committee for Constitutional Issues. The sphere of work of the Protector of Citizens is conceived so as to allow him to control the respect of the rights of citizens, establish violations resulting from acts, actions or failure to act by administrative authorities, if they are violations of the laws, regulations and other general acts of the republic. As in most countries, the Protector of Citizens Rights acts on complaints of citizens and on his own initiative. If he comes across any instance of maladministration, the Protector of Citizens may issue his recommendation asking the administrative authority to respond within 60 days. Similarly to the practice in other countries, the Serbian ombudsman may recommend the dismissal of an official who is responsible for violation of citizen's rights, he has the power to launch legislative initiatives, and initiatives with the Constitutional court. The Protector of Citizens submits a regular annual report to the Assembly on all noted irregularities. He may also submit separate reports as well.
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