The manner of acting described in Para 2 of this Article shall be determined by
the Commissioner, depending on the efficiency of the realization of rights to access
information of public importance.
In the event the Commissioner refers a request to the public authority from Para 2
of this Article, the deadline envisaged in Article 16 of this Law shall commence upon the
day of receipt.
Other Procedural Provisions
Article 21
Provisions of the Law on General Administrative Procedure on decisions by a
first instance body shall be applied to the procedure of a public authority, unless specified
differently by this Law.
IV Procedure Related to the Commissioner
Right to a Complaint
Article 22
An applicant may lodge a complaint to the Commissioner within 15 days upon receipt
of the public authority decision, if:
1) In contravention of Paras 1 and 3 of Article 16 of this Law, the public authority
refused to inform the applicant whether it holds specific information of public
importance or whether it is otherwise accessible to it, refused to allow insight in
the document containing the requested information, to issue i.e. send to the
applicant a copy of the document, or failed to do so within the prescribed
deadline;
2) In contravention of Para 2 of Article 16 of this Law, the public authority failed to
reply to a submitted request within the prescribed deadline;
3) In contravention of Para 2 of Article 17 of this Law, the public authority
conditioned the issuance of the copy of the document containing the requested
information by payment of a fee exceeding the necessary costs of duplication;
4) The public authority does not allow insight in the document containing the
requested information in the manner set forth in Para 1 of Article 18 of this Law;
5) The public authority does not allow insight in the document containing the
requested information, i.e. does not issue a copy of the document in the manner
prescribed in Para 4 of Article 18 of this Law.
A complaint cannot be lodged against the decision of the National Assembly, the
President of the Republic, Government of the Republic of Serbia, the Supreme Court of
Serbia, the Constitutional Court and the republican Public Prosecutor.
An administrative dispute complaint may be lodged against the decision in Para 2
of this Article, in accordance with law, on which the court notifies Commissioner ex
officio.
Consideration of Complaints by the Commissioner
Article 23
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