birth certificate – on the basis of court decision10, it is undisputable that in such cases it is
justifiable to conduct a court procedure or more precisely – non-contentious procedure.
However, it seems that in these procedures the provisions of the Law on Non-Contentious
Procedure regulating the determination of the date and place of birth were applied wrongly,
because this procedure is intended for the persons who are not registered in any birth registry
books and who were born in Serbia.11 Moreover, the courts sometimes conducted procedures
even when the petitioners possessed foreign birth certificates, although it is clear that in such
cases administrative procedures should have been conducted.
RIGHT TO CITIZENSHIP
As regards the exercising of the right to citizenship, the main impression is that there have
been fewer problems this year than before. However, the irregularities observed in the
previous years mainly occurred this year too, only to a lesser extent. In addition, certain
problems that in the past occurred only sporadically have been observed recently in a higher
number of procedures.
Taking into account that the registration in birth registry books is almost always a prerequisite
for the acquisition and/or registration of citizenship, it is primarily necessary to point out the
problems that arise in the procedures whose main goal is the registration in birth registry
books. In the previous section, we have indicated the shortcomings in the court procedures for
determining the date and place of birth, and in this section we will discuss the administrative
procedures of subsequent birth registration, determining the personal name and birth
registration of persons who were born abroad. We will also mention the practice of authorities
in the procedures of acquiring citizenship before the Ministry of Interior, and discuss the issue
of registering the fact of citizenship in birth registry books in the execution of court decisions
determining the facts of date and place of birth, as well as other procedures and problems
relevant to the possibility of exercising the right to citizenship.
SUBSEQUENT BIRTH REGISTRATION: The procedure of subsequent birth registration
is an administrative procedure conducted in cases of people born at home, without notifying
the registrar and registering their fact of birth within 30 days of birth12.
One of the irregularities noticeable in these procedures in the previous years refers to the
cases where the authorities issued decisions that did not contain the name and surname of the
submitters of request. In addition, it often happened that in entering data from the decision on
subsequent registration into birth registry books, the registrars failed to record the fact of
citizenship, although the legal requirements for acquiring citizenship were met. Such practice
of authorities resulted in the situation where in addition to conducting a subsequent birth
registration procedures, the parties were compelled to conduct also the lengthy procedures of
determining the personal name before social welfare centres or procedures for acquiring
citizenship before the Ministry of Interior. The cases in which the parties had to wait for an
additional year or two for these procedures to be conducted are not rare. On several occasions,
Praxis addressed the Ministry of Public Administration and Local Self-Government and the
Ministry of Interior pointing to such practice, which after some time resulted in the issuance
10
Article 76 of the Law on Registry Books, Official Gazette of RS, nos. 20/2009 and 145/2014
See Article 71a, paragraph 1 and Article 71g, paragraphs 1 and 4 of the Law on Non-Contentious Procedure
12
Article 25 of the Law on Registry Books
11
9
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