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Strengthening the role of the Administrative Court in the fight against corruption

The Administrative Court is one of the key institutions in the wider system that should ensure the accountability of the executive, since it is either the last instance to which citizens can appeal (after an unsuccessful appeal to a first instance body) or the only one they can turn to. administrative dispute as the only legal remedy).

Also, the Administrative Court has a significant role in the implementation of several anti-corruption regulations, most notably the Law on Free Access to Information of Public Importance, which stipulates that decisions of the National Assembly, the President of the Republic, the Government of the Republic of Serbia, the Supreme Court of Cassation, the Constitutional Court and the Republic the plaintiff cannot file an appeal, but only initiate an administrative dispute.

The Administrative Court is also competent to decide on the decisions of the Anti-Corruption Agency (eg in the area of ​​conflict of interest or financing of political entities) and the Republic Commission for the Protection of Rights in Public Procurement Procedures.

However, citizens make little use of the possibility of protecting their rights through administrative disputes. Reasons range from a more complicated procedure (in relation to a complaint to the Information Commissioner), a lack of confidence in the effectiveness of judicial protection to a lack of knowledge.

The project aims to strengthen government accountability and improve the working environment of independent bodies by supporting the Administrative Court in improving transparency, as well as citizens and civil society organizations to better recognize the role of the Administrative Court in implementing anti-corruption legislation.

 

In Serbian:

 

Fokus grupa Niš: Pravo na pristup informacijama i njegova zaštita pred Upravnim sudom

Fokus grupa Beograd: Pravo na pristup informacijama i njegova zaštita pred Upravnim sudom

The realization of this project was made possible with the support of the American people through the United States Agency for International Development (USAID). The views expressed are those of the authors and do not necessarily reflect the views of USAID or the United States Government.

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