Praxis Watch

Thursday, 6 August 2015

Implementation of the Court Decision Awaited for More Than Five Months

A. F. was registered in the birth registry book more than five months after the decision determining the date and place of birth and ordering the registration in the birth registry book was reached. The time A. F. spent without documents was additionally prolonged because the competent Jagodina City Administration refused to implement the final court decision.

First, the procedure for registration in reconstructed birth registry books before the administrative body in Jagodina was initiated. The request of A. F. was rejected and she was referred to address the competent court to determine the fact of her birth. Therefore, A. F. initiated a non-contentious procedure for determination of date and place of birth. The competent court reached a decision according to which the Registry Office in Jagodina was obliged to perform the registration in the birth registry book. However, instead of implementing the court decision, Registry Office in Jagodina sent the notice where it pointed out that the body rejected the request of A. F. for re-registration in birth registry books and that “the party did not lodge a complaint within the prescribed period and afterwards the decision became final”.

The proceeding body apparently does not know that negative decisions cannot be final in the administrative procedure, and it also neglected the fact that this body had referred A. F. to initiate the respective procedure before the court in order to register in the birth registry book.

Praxis pointed out to the competent body at numerous violations of the law and rules of administrative procedure it made by refusing to implement the final court decision, but the decision was implemented only after a complaint was filed to the president of Jagodina City Administration and the Ombudsperson. However, A. F. still cannot exercise basic human rights, as the fact of Serbian citizenship was not registered to her during the birth registration, despite the existence of grounds for it.

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Praxis means action
Praxis means action
Praxis means action
Praxis means action