Provisions of the Law on General Administrative Procedure related to the
appellate decisions of second instance body shall be applied to the procedure before the
Commissioner, unless specified differently by this Law.
Article 24
The Commissioner shall reach a decision promptly and within 30 days from the
submission of the complaint at the latest, upon giving the public authority and, if
necessary the applicant, the opportunity to reply in writing.
The Commissioner shall dismiss a complaint that is inadmissible, overdue or filed
by an unauthorized person.
The public authority shall prove it has acted in accordance with its obligations set
forth in this Law.
Commissioner Decisions on Measures to Promote
Transparency of Work
Article 25
Upon receipt of a request or ex officio, the Commissioner shall reach the decision
establishing that a public authority has not fulfilled its obligations set forth in this Law,
with the exception of public authorities referred to in Para 2 of Article 22 of this Law,
and order the measures the authority is to take to fulfill them, upon giving the opportunity
to the authority to reply in writing.
The request referred to in Para 1 of this Article cannot be submitted in cases when
this Law foresees the right to complaint.
Inquiry by the Commissioner
Article 26
The Commissioner shall undertake actions to determine the facts necessary for
reaching the decision referred to in Articles 24 and 25 of this Law.
In order to determine the facts referred to in Para 1 of this Law, the Commissioner
shall be allowed insight in every information medium this Law applies to.
Legal Remedies against Commissioner’s Decisions
Article 27
An administrative dispute complaint may be lodged against a Commissioner’s
decision.
Obligatory character of Commissioner Decisions and
Conclusions
Article 28
The decisions and conclusions of the Commissioner shall be obligatory.
The enforcement of the decisions and conclusions of the Commissioner shall be
procured by the Government of the Republic of Serbia if necessary.
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