Proposal for the evaluation of the constitutionality of certain provisions of the Law on the Registration Procedure in the Cadaster

The Commissioner for the Protection of Equality, Brankica Janković, submitted to the Constitutional Court of Serbia a proposal for an assessment of the constitutionality and legality of certain provisions of the Law on the Procedure for Enrollment in the Real Estate Cadaster and the Infrastructure Cadaster, as they put people with inferior financial conditions and lower incomes in an unjustified disadvantageous position.

In the proposal for the constitutionality assessment, the Commissioner particularly pointed out that these provisions deny citizens the opportunity to contact the Cadaster Service directly by coming to the counter or by mail but must exclusively contact this body through the e-counter, while the correctness of the attached documentation must be previously checked by professional users (lawyers and geodetic organizations). What is certain is that this way of submitting requests, in addition to excluding a large number of citizens, will also lead to their additional financial burden because, in addition to Republican administrative fees, they will also have to pay for the services of lawyers and geodetic organizations, explains the Commissioner.

This kind of legal solution reduces the availability of the Real Estate Cadaster Service and especially unjustifiably and disadvantageously affects poor citizens and those with lower incomes. The Commissioner says that a seemingly neutral provision indirectly discriminates and can put in an unjustifiably disadvantageous position individual members of other vulnerable groups who are already at greater risk of discrimination and poverty, such as people with disabilities, the elderly, citizens living in less developed and rural areas, Roma, and others, and also excludes people who lack technical capabilities and digital skills.

One of the basic principles of the Constitution of the Republic of Serbia and the Law on Prohibition of Discrimination is that everyone must be equal before the law and that discrimination on any basis, including property status, is prohibited. In addition, this provision also violates the basic procedural principles, such as protecting the parties’ rights and realizing the public interest, helping the party, and the principle of effectiveness and economy of the procedure, adds Janković.

 In the proposal for the assessment of constitutionality and legality, it was indicated that when prescribing a certain condition that applies to everyone, the fact should be taken into account that a certain group of persons, due to their characteristics, has a different position or situation, and that if that situation is not acknowledged, it can lead to unequal treatment. To prevent this from happening it is very important that in the preparation phase of laws and other general acts the procedure is followed, and opinions are sought from all relevant authorities, which was not done in this specific case. In addition, the Commissioner reminds all public authorities of the prescribed obligation from the Law on Prohibition of Discrimination to assess the impact of regulations on socioeconomically disadvantaged persons when preparing regulations.

COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković