believing that the beneficiary’s completely legitimate intentions, such as the wish to get health
care in the place of factual residence - constituted the grounds for the refusal of request.
LAW ON GENERAL ADMINISTRATIVE PROCEDURE
In late February 2016, the new Law on General Administrative Procedure was adopted. The
implementation of most provisions was postponed for June 2017, but in early June 2016 the
provisions emphasising, to a greater extent than the previous law, the duty of the authorities to
collect evidence on which official records are kept ex officio began to be implemented. The
implementation of the provision on introducing a misdemeanour liability of public officials
who do not try to obtain information ex officio, or fail to provide the data on which official
records are kept at the request of another authority, also began.33
Given that the rules of administrative procedures are applied in most procedures whose
purpose is the registration of the facts of birth and citizenship into civil registry books, and in
all the procedures of issuing ID cards, health cards and other personal documents to citizens,
the said amendments to the Law on General Administrative Procedure should make it
considerably easier for citizens to conduct the aforementioned administrative procedures and
obtaining of personal documents.
As mentioned in the introduction, since the beginning of the implementation of these
provisions Praxis has monitored whether the authorities acted in accordance with the said
rules, primarily through the experiences of its beneficiaries. We also conducted interviewees
with 10 employees of administrative authorities who assessed the implementation of the new
law from their perspective and pointed to certain problems that hinder the process of
obtaining evidence.
In addition, Praxis submitted a freedom of information request to the Ministry of Public
Administration and Local Self-Government, asking for the information and data on how the
Ministry was overseeing the implementation of the Law on General Administrative Procedure
and the number of cases in which the competent authorities had obtained evidence ex officio,
and if not - the number of procedures in which it was established that the officials had
violated their duty and the number of such cases in which requests for initiating
misdemeanour procedures had been submitted. The Ministry of Public Administration and
Local Self-Government informed Praxis that it did not possess the information on the number
of cases in which evidence was obtained or was not obtained ex officio and in which the
officials’ liability had been established and in which misdemeanour procedures had been
initiated. As regards the oversight of the implementation of the Law on General
Administrative Procedure, the Ministry responded that within the framework of the project
Good Governance - Citizen-Oriented a document had been prepared “whose purpose is to
define indicators for measuring progress in the field of data exchange in local self-government
units, and to define the criteria that will identify good practice of data exchange and therefore
define the basis for assessing the degree of data exchange efficiency of each local selfgovernment unit in this field.” The Ministry also stated that the local self-government units
that complied with the said criteria would have the possibility to qualify for joining the “Good
Governance Club” and that in 16 local self-government units the meetings had been held with
33
Articles 9, 103 and 207 of the Law on General Administrative Procedure, Official Gazette of RS, no.18/2016
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