must fulfil the legal requirements for acquiring the citizenship of Serbia by descent, which
means that he or she needs, first of all, citizenship certificate of (at least one) parent.
However, the persons who addressed Praxis often did not have any such evidence. Therefore,
we first had to obtain international birth certificates through the Ministry of Foreign Affairs,
and then the parents’ citizenship certificates, as well as some other evidence, such as
certificate on changes in permanent residence.
Even if we disregard a rather expensive fee for obtaining foreign birth certificates through the
Ministry of Foreign Affairs (EUR 26), it happened very often that it was not possible to obtain
a birth certificate, because at the time of registering the child into birth registry books in the
country of birth the parents did not have personal documents, and therefore the registration
was not completed and/or the wrong information on parents were entered. In such cases, in
order to obtain an international birth certificate from the country of birth, it is necessary to
provide the parents’ birth certificate (and marriage certificate) from Serbia (also on the
international form), and in some cases (primarily for the children born in Germany) also the
verified copy and translation of passport, which incurs additional costs. The delivery of
documents to foreign registry offices and communication with foreign authorities is
performed through the Ministry of Foreign Affairs and through the Serbian diplomatic and
consular missions. The Ministry of Foreign Affairs usually informs the clients that the
procedures of correction or supplement of registration may last between three and six months,
but these deadlines are often exceeded. In fact, so far Praxis has had several successfully
completed procedures of this type and it is too early to assess whether and to which extent this
procedure is effective and efficient.
Besides, it happened that some registry offices requested the international birth certificate to
be translated by a sworn court interpreter in order to perform the registration into birth
registry books, explaining that it is the only way to enter the personal names and the names of
cities written in a foreign language in the international certificate. Responding to the Praxis’
request for the issuance of opinion, the Ministry of Public Administration and Local SelfGovernment indirectly confirmed that such practice was justified.21
As regards the procedures of registration into birth registry books of the persons born abroad,
we shall illustrate the irregular procedure through the case of one Praxis’ beneficiary that the
registry office refused to register into birth registry books, although she fulfilled all legal
requirements and possessed all necessary evidence. Instead, she was instructed to first
conduct a procedure for determining citizenship before the Ministry of Interior, and to request
the registration into birth registry books only after completing that procedure. The beneficiary
complied with the instruction and initiated a procedure of determining citizenship. However,
the Ministry of Interior - correctly judging that in this case that procedure should not be
conducted before that authority, but that the registration should be performed by registrars –
invited the beneficiary to withdraw the request for determining citizenship. After that, the
beneficiary again submitted the request for registration into birth registry books to the registry
21
In its opinion, the Ministry states that the information is entered into civil registry books according to the rules
of the Serbian language and Cyrillic script (and that it can also be written in the original form in the brackets),
and if the certificate “does not contain the information entered in the civil registry books in the way regulated
under the Law on Registry Books and the Instruction on Administering Registry Books and Forms of Registry
Books, pursuant to Article 21 of the Law on Registry Books the registrar shall check and establish such
information in accordance with the law governing the general administrative procedure“. Opinion of the
Ministry of Public Administration and Local Self-Government, no. 200-00-73/2016-26 of 21 March 2016
15
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