Unfortunately, although the adoption of the Law on Free Legal Aid has been announced for
years, it he has not entered yet the parliamentary procedure.
CONCLUSION
Finally, it can be noted that in 2016 there have been no significant changes in the field of
exercising the right to registration into birth registry books, citizenship and permanent
residence registration. As can be seen, most problems identified in the previous years
occurred also in 2016. However, regardless of the unlawful actions observed in a significant
number of cases, the general impression is that, compared to the previous years, there has
been some improvement in the work of administrative bodies and courts, and that the
problems in the procedures are less common. However, if we take into consideration that
certain problems are repeated from year to year, and that the number of irregularities have not
been significantly reduced by the positions of second-instance authorities and courts, training
events organised for the employees of administrative authorities or the reports pointing to the
violation of the law, the improvement cannot be assessed as sufficient and the situation cannot
be deemed satisfactory.
Therefore, we have to reiterate the need for standardising the practice of all authorities in the
future and ensuring strict compliance with the regulations and principles of good governance
in all individual cases and before all authorities.
It is undoubtedly very positive that the number of legally invisible persons decreased, but it is
disconcerting that Praxis has been repeatedly addressed by new people for whom it is
necessary to conduct the procedures of registration into birth registry books. This year in
particular there have been an increased number of returnees from abroad whose children were
born out of Serbia, but were not registered in the civil registry books in our country. In these
cases it is often necessary to undertake certain actions abroad, which significantly complicates
and prolongs the procedure. Hopefully, in the upcoming period we will be able to gain a more
comprehensive insight into the issues that will be encountered in these procedures.
The provisions of the Law on General Administrative Procedure that emphasise the obligation
of authorities to obtain ex officio the information kept in official records have been
implemented since this year. Unfortunately, the research conducted by Praxis on the
implementation of these provisions has shown that the implementation of new legal
provisions is accompanied by numerous problems and that a smaller number of authorities
fulfil their obligation in the way they should.
The most important novelty in 2016 is the announced introduction of the electronic birth
registration system, which could finally solve the systemic problem to which we have pointed
for years. The problem consists in the impossibility of registration at birth of children whose
mothers have no personal documents, which is the direct cause of the emergence of new
legally invisible persons. However, the regulations that prevent the birth registration of
children whose mothers do not have documents remain in force and Praxis appeals for
removing this barrier as soon as possible, ensuring regulatory conditions for registration of
every child into birth registry books immediately after birth, regardless of the status of their
parents, thus eliminating one of the most common reasons for the risk of statelessness.
29
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