office and this time the registration was performed, but the period of nearly one year and a
half was needlessly wasted.
RE-REGISTRATION INTO BIRTH AND CITIZENSHIP REGISTRY BOOKS: We
have to re-emphasise in this report that, although the civil registry books for certain
municipalities in Kosovo became unavailable to the authorities of the Republic of Serbia over
17 years ago, the civil registry books have not yet been fully reconstructed. Thus, the
beneficiaries who need to conduct such procedures continue to address Praxis. Their number
is not as large as before, but worrying is the fact that the state has not reconstructed the
missing and destroyed registry books, although it was primarily its obligation, but transferred
the burden of initiating and conducting procedures on the affected individuals.
No new problems have been noticed in these procedures, but the problems and difficulties
identified in the previous years continue to occur. Hence, for example, for successful reregistration into citizenship registry books it is still necessary to have a citizenship certificate
issued before 1999 or a birth certificate with entered information on the citizenship of Serbia,
or this information on citizenship must be found in the records of the Ministry of Interior. If
there is no such evidence, the parties have only the option of initiating a lengthy and uncertain
procedure of determining citizenship, in which they will again be unable to enclose required
evidence, because the registry books in which their parents were registered are usually also
destroyed due to which it is impossible to obtain their citizenship certificates.
The example of one Praxis beneficiary illustrates well to which extent the process of reregistration into birth registry books can be cumbersome. Back in February 2010, the
procedure for re-registration into birth registry books was initiated for her and as late as in
April 2016, the facts of her birth and citizenship were re-registered into registry books. In the
meantime, her request for re-registration into birth registry books was refused four times.
Then, a non-contentious procedure was initiated and in early 2015 the date and place of her
birth was determined. However, the administrative authority first refused to execute the court
decision and perform the registration of the fact of birth, with an unbelievable explanation that
it had already issued a decision denying the request for re-registration and that this “decision
has become final”.22 However, after the complaints were lodged with the head of
administration and the Ombudsman, the fact of birth was registered into birth registry books,
but the fact of citizenship was not (although there was a legal basis for registration). The
decision allowing the registration of citizenship was issued only after having filed an appeal
and a lawsuit against the silence of administration, and only after the MoI had issued a
decision adopting the appeal against the silence of administration. In all these procedures,
there was a total of four appeals with four negative decisions, three appeals against the silence
of administration, three lawsuits against the silence of administration, two complaints lodged
with the Ombudsman, one complaint to the head of city administration, dozens of
interventions and rush notes. It all lasted longer than six years and it can be noted that the
right to a trial within a reasonable time was also grossly violated.
REGISTRATION INTO BIRTH REGISTRY BOOKS IMMEDIATELY AT BIRTH:
The impossibility of registering children, whose mothers do not have their own documents,
immediately after birth, remains one of the most serious problems affecting the exercise of the
right to citizenship. In fact, the provisions of the by-laws stipulating that the data on parents
are entered into birth notification and birth registry books on the basis of their birth
22
Negative decisions in administrative procedures cannot become final; see Article 13 of the Law on
Administrative Procedure.
16
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents