Government of the Repubic of Serbia

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Competence

The Government Appeals Board decides appeals of civil servants from public administration bodies, services of the Government and Public Attorney`s Office of the Republic of Serbia against rulings laying down their rights and duties in the administrative procedure and appeals of participants in internal and public job competitions.
The Government Appeals Board is autonomous in its work, works in three-member panels and implements the law regulating general administrative procedure. The Government Appeals Board is obliged to decide an appeal within 30 days of its receipt unless otherwise prescribed by this statute. Otherwise, the appeal shall be deemed rejected.


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(Extract from the Civil Servants Act)

II. APPEALS BOARDS
1. Common rules for all appeals boards

Competence of appeals boards
Article 142


Appeals boards shall decide appeals of civil servants against rulings whereby their rights and duties have been decided in an administrative procedure, as well as appeals of participants in internal and public job competitions.
Appeals boards shall apply the statute that governs the general administrative procedure.

 

Time Limit to Decide an Appeal. Right to an Administrative Dispute
Article 143

Appeals boards must decide an appeal within 30 days of its receipt unless otherwise prescribed by this statute. Otherwise, the appeal shall be deemed rejected.
Appeals boards must decide an appeal against the conclusion referring to Article 55(3) of this statute within eight days of its receipt; otherwise, the appeal shall be deemed rejected.
An administrative dispute may be initiated against a decision of appeals boards.

 

Types of Appeals Boards
Article 144

The Government Appeals Board shall decide appeals of civil servants from public administration bodies, services of the Government and Public Attorney`s Office of the Republic of Serbia, whereas appeals of civil servants employed in courts and public prosecutors` offices shall be decided by the Judicial Appeals Board and the Appeals Board of the Public Prosecutor`s Office respectively.
Appeals boards established by administrative acts of other state bodies shall decide appeals of civil servants from these bodies.

 

Functioning of Appeals Boards
Article 145


Appeals boards shall be independent in their work and shall conduct business in three-member panels.
Each appeals board shall adopt its rules of procedure, which shall specify, among other things, the number of panels and methods of their establishment.
In compliance with the statute governing stamps of state bodies, appeals boards shall have their stamps.

 

Number and Status of Appeals Boards Members
Article 146


The state body or entity in charge of the appointment or dismissal of appeals board members shall specify the number of appeals board members, ensuring that the number of the Government Appeals Board members is not lower than seven and that the number of members of other boards is not lower than five.
Members and the president of an appeals board shall be appointed for a term of five years and may be reappointed.
Members of appeals boards shall be entitled to remuneration for their work and the Government shall decide on the amount of remuneration.

 

End of Duty with an Appeals Board
Article 147


The term of office of an appeals board member shall terminate: upon the expiry of the appointment term; by resignation submitted in writing; on reaching the [prescribed] retirement age or by dismissal.
A new member shall be appointed for the remaining duration of an appeals board term instead of a member whose duty terminated before the expiry of the appointment term.

 

Dismissal from an Appeals Board
Article 148


An appeals board member shall be dismissed if he/she performs his/her duties negligently or is sentenced to imprisonment exceeding six months or for an offence that makes him/her unfit to serve in an appeals board.
An appeals board member appointed from among civil servants shall be dismissed if he/she stops being a civil servant or if he/she is inflicted a disciplinary sanction by a final ruling.
The president of an appeals board shall be dismissed from his/her function if he/she performs it negligently or unsuccessfully.
A ruling on dismissal may not be appealed but an administrative dispute may be initiated.


Performance Reports of Appeals Boards
Article 149


Appeals boards shall submit performance reports to state bodies and entities competent for the appointment of their members at least once a year.

 

Appointment and Composition of the Government Appeals Board
Article 150


Following a proposal by the minister responsible for the affairs of the administration, the Government shall appoint members of the Government Appeals Board from among the civil servants who have a degree of the Bachelor of Laws and at least five years of experience in the legal profession.
When proposing candidates, the minister responsible for the affairs of the administration is obliged to take into consideration their knowledge of labour regulations in public administration and administrative procedure.

 

Appointment and Composition of the Judicial Appeals Board and the Appeals Board of the Public Prosecutor`s Office
Article 151

 

The High Judicial Council shall appoint the president and members of the Judicial Appeals Board from among civil servants working with courts.
The State Council of Prosecutors shall appoint the president and members of the Appeals Board of the Public Prosecutor`s Office from among civil servants working with public prosecutors` offices.

 

Special Provision on Presidents of the Government Appeals Board, the Judicial Appeals Board and the Appeals Board of the Public Prosecutor`s Office
Article 152

 

The presidents of the Government Appeals Board, the Judicial Appeals Board and the Appeals Board of the Public Prosecutor`s Office shall be civil servants appointed exclusively to serve as presidents of the appeals boards. After the termination of their function they shall be entitled to assume their former post or another appropriate post in a state body.

 

Specialist and Administrative Support to the Appeals Boards of the Government and the Judiciary
Article 153

The Human Resource Management Service shall perform specialist, technical and administrative tasks for the Government Appeals Board and ensure resources for its work. 

The Administrative Office of the High Judicial Council shall perform specialist, technical and administrative tasks for the Judicial Appeals Board and ensure resources for its work. The Administrative Office of the State Council of Prosecutors shall perform specialist, technical and administrative tasks for the Appeals Board of the Public Prosecutor`s Office and ensure resources for its work.

 

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