LOKALNI OMBUDSMAN: EVROPSKA ISKUSTVA I PERSPEKTIVA U SRBIJI

Gršić Nenad (Правни факултет Универзитета у Београду), nenad.grsic@gmail.com

The introduction of the Ombudsman institution proceeded gradually in a number of the world’s countries, and the process had its expansion at the end of the 20th century, alongside with the collapse of social constitutionalism. Serbia is one of the few countries which established ombudsman institution under the name of “protector of citizens” at all three levels of government: national, provincial and local. By comparison, similar models are mainly adopted by countries with a federal structure. Protector of citizens is provided as a facultative institution on local selfgovernment level, and for the reasons of financial and personnel nature, institutions are relatively poorly distributed. On the territory of the Republic of Serbia, there are currently 19 local protectors of citizens, mainly in the more urban and major city self-governments. The research is based on positive regulations and existing studies on this subject, while the additional information was obtained directly from the offices of citizens’ protectors. The local regulation comparison reveals a significant divergence from the constitutional and legal framework, as well as from the nature of the institution itself. Already weak normative guarantees of an independent position of citizens’ protector have been additionally endangered by local authorities, unwilling to submit their work to an extra form of control. Local communities are only just getting acquainted with all the benefits which may be brought by this young institution, thus requires an extra support by the public and media. The absence of institutional linkages between different ombudsman services is resolved to the point of their mutual cooperation. In order to further strengthen the position and function of citizens’ protector at all government levels, it is quite necessary to conduct proper modification to the existing legal framework.

Ključne reči: Ombudsman, Protector of Citizens, Human Rights, Local self-government, Executive