Belgrade had been the centre of her life activities, and before that she had been forced to leave
her house in Đakovica. The court completely ignored the facts that F.G. used to be registered
in the civil registry books of the Republic of Serbia and that she possessed a birth certificate
and citizenship certificate, and that she could neither be blamed for the fact that the authorities
did not keep the civil registry books nor bear the related consequences. In fact, by issuing
such a decision, the court has shown a complete lack of understanding of the purpose of the
procedure for determining the date and place of birth, since that procedure was not introduced
into the legal system only to allow the registration into birth registry books and nothing else,
but to be the first step in obtaining an ID card and exercising other rights. The Law on NonContentious Procedure was amended to include these provisions precisely because due to the
lack of personal document several thousands of legally invisible persons were not able to
exercise almost any of the guaranteed rights. The ultimate goal of these provisions was to
fully resolve their status, i.e. to integrate these people into society. However, the court
wrongly believes that the sole purpose of conducting this procedure is only the registration
into birth registry books, while obtaining an ID card and exercising other rights are presented
by the court as some sort of illegitimate interest and abuse of rights. In addition, in this
decision the court refers to the petitioner as citizen of the "Republic of Kosovo", whose
independence and statehood have not been recognised by the Republic of Serbia, and
therefore its authorities certainly should not claim otherwise in their decisions.
Unfortunately, the case of F.G. was not the only of its kind, and the same court issued several
more decisions containing almost identical explanations, while three other courts also rejected
or denied the petitions because the petitioners possessed documents issued in Kosovo after
1999 and/or because the court considered that the persons who had been registered in the civil
registry books that were later destroyed or missing could not exercise their right in a noncontentious procedure. However, it should be noted that most courts in such cases acted
properly and issued decisions granting petitions. Nevertheless, there were cases where the
same court in the same situations issued different decisions. For example, four petitions for
determining the date and place of birth of four siblings were filed before one court. In two
cases, the court issued decisions denying the petitions, with the explanation almost identical to
the explanation given in the case of F.G. However, the petitions were granted for one brother
and one sister. This practice is unacceptable because the Constitution guarantees everyone the
right to equal legal protection. In addition, these cases show that the practice of most courts
was wrong, which was evident at the very beginning of the implementation of the Law on
Amendments to the Law on Non-Contentious Procedure, when the courts in a large number of
cases rejected to act upon petitions for determining the date and place of birth for more
siblings or for mothers and their children at the same time. Conducting separate procedures
for each relative have almost always resulted in prolonged procedures and increased costs for
participants in these procedures, and it has turned out that opposite decisions can be issued in
the identical factual and legal situations.
As regards the problems of persons who used to be registered in birth registry books, we
should mention the case of a Praxis’ beneficiary whose petition was denied by the firstinstance court over three years ago because “the petitioner stated in his petition the date of
birth and the fact that it was registered in birth registry books”, after which the secondinstance court denied the appeal.6 Late last year the Supreme Court of Cassation granted a
review and repealed the first-instance and second-instance decisions and remanded the case
for reconsideration.
6
See more details about this case in: Praxis, Analysis of the Procedures for Determining the Date and Place of
Birth and for the Exercise of Rights to Citizenship and Registration of Permanent Residence in 2015, p. 15.
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents