Translation in English

Republic of Serbia
Administrative Court
Branch in Novi Sad
III-3 U 10001/10 (2009)
25 November 2011
Belgrade

IN THE NAME OF THE PEOPLE


The Administrative Court, composed of the Council of Judges: Suzana Guduraš, the Chairperson of the Council, Gordana Suknović Bojadžija and Mirjana Cvetković, Council Members, with the participation of the Court’s clerk Nataša Malinić, as Secretary, deciding upon the complaint of the complainant the Regular Grand Lodge of Serbia, Belgrade, with the head office in Belgrade, Boulevard Zorana Đinđića 113/8, of which Čedomir Vukić is the legal representative, registered in the Register of Associations, social and political organizations, on the registration sheet 4862, filed under Number 14016, a citizens’ association, represented by the attorney Srđan Vlatković from Belgrade, 14, Zvečanska street, submitted against the Decision of the Ministry for Public Administration and Local Self-Government, No. 130-024-00-01477/2008-07 of 27th May 2009, with the participation of the interested party Regular Grand Lodge of Serbia from Belgrade, 3 Ohridska street, in the legal matter of the registration in the Register, in a closed session held on 25th November 2011, has rendered a

JUDGMENT

The complaint is ACCEPTED and the Decision of the Ministry for Public Administration and Local Self-Government No. 130-024-00-1477/2008-7 of 27th May 2009 is REVOKED.

Reasoning

The disputed Decision hereby revokes the decision of the Ministry for Public Administration and Local Self-Government No. 130-024-00-1477/2008-07 of 4th September 2008, by which the Regular Grand Lodge of Serbia, Belgrade, with the head office in Belgrade, Boulevard Zorana Đinđića 113/8 had been registered in the Register of associations, social and political organizations, on the registration sheet 4862, filed under Number 14016, and in the paragraph 2 of that Decision the association has been erased from the Register of associations.

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III-3 U 10001/10 (2009)

00-01477/2008-07 of 26th December 2008, because, in the Administrative Court’s opinion, the law was thereby violated to the detriment of the complainant, because, in passing the said decision, the rules of administrative proceedings were breached, where such rules are essentially relevant for a solution of this legal matter, and related to the enforcement of the provision of the Article 279 of the Law on General Administrative Proceedings; and since the above decision had been the legal ground for the adoption of the disputed decision (No. 130-24-00-01477/2008-07 of 27th May 2009), the grounds on which the disputed decision had been adopted in the renewed procedure thereby ceases to be valid. The further decision of the body involved in this administrative matter depends on the actions of the body in the enforcement of the Judgment No. U. 6834/10 (2009).

In the view of the above reasons, the Administrative Court, finding that the disputed decision represents the violation of the law, to the detriment of the Complainant, has decided as in the wording of the Judgment, pursuant to the provisions of the Article 41, paragraph 2 of the Law on Administrative Disputes (“Official Gazette of SRJ”, No. 46/96).

DECIDED IN THE ADMINISTRATIVE COURT

On 25th November 2011, III-3 U 10001/10 (2009)

Court’s clerk
Nataša Malinić

Chairperson of the Council of judges
Suzana Guduraš

Person responsible for the document accuracy
Head of Court Office
Dejan Đurić
(Round seal: Republic of Serbia, Belgrade, Administrative Court)

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IN THE NAME OF THE PEOPLE

The Administrative Court, composed of the Council of Judges: Suzana Guduraš,the Chairperson of the Council, Gordana Suknović Bojadžija and Mirjana Cvetković,Council Members, with the participation of the Court’s clerk Nataša Malinić, asSecretary, deciding upon the complaint of the complainant the Regular Grand Lodge ofSerbia, Belgrade, with the head office in Belgrade, Boulevard Zorana Đinđića 113/8, ofwhich Čedomir Vukić is the legal representative, registered in the Register ofAssociations, social and political organizations, on the registration sheet 4862, filedunder Number 14016, a citizens’ association, represented by the attorney SrđanVlatković from Belgrade, 14, Zvečanska street, submitted against the Decision of theMinistry for Public Administration and Local Self-Government, No. 130-024-00-01477/2008-07 of 27th May 2009, with the participation of the interested party Regular GrandLodge of Serbia from Belgrade, 3 Ohridska street, in the legal matter of the registrationin the Register, in a closed session held on 25th November 2011, has rendered a

JUDGMENT

The complaint is ACCEPTED and the Decision of the Ministry for Public Administrationand Local Self-Government No. 130-024-00-01477/2008-07 of 27th May 2009 isREVOKED.

Reasoning

The disputed Decision hereby revokes the decision of the Ministry for PublicAdministration and Local Self-Government No. 130-024-00-01477/2008-07 of 4thSeptember 2008, by which the Regular Grand Lodge of Serbia, Belgrade, with the headoffice in Belgrade, Boulevard Zorana Đinđića 113/8 had been registered in the Registerof associations, social and political organizations, on the registration sheet 4862, filedunder Number 14016, and in the paragraph 2 of that Decision the association has beenerased from the Register of associations.

Page 1

III-3 U 10001/10 (2009)

00-01477/2008-07 of 26th December 2008, because, in the Administrative Court’sopinion, the law was thereby violated to the detriment of the complainant, because,in passing the said decision, the rules of administrative proceedings were breached,where such rules are essentially relevant for a solution of this legal matter, andrelated to the enforcement of the provision of the Article 279 of the Law on GeneralAdministrative Proceedings; and since the above decision had been the legal groundfor the adoption of the disputed decision (No. 130-024-00-01477/2008-07 of 27th May2009), the grounds on which the disputed decision had been adopted in the renewedprocedure thereby ceases to be valid. The further decision of the body involved in thisadministrative matter depends on the actions of the body in the enforcement of theJudgment No. U. 6834/10 (2009).

In the view of the above reasons, the Administrative Court, finding that the disputeddecision represents the violation of the law, to the detriment of the Complainant, hasdecided as in the wording of the Judgment, pursuant to the provisions of the Article 41,paragraph 2 of the Law on Administrative Disputes (“Official Gazette of SRJ”, No. 46/96).

DECIDED IN THE ADMINISTRATIVE COURTOn 25th November 2011, III-3 U 10001/10 (2009)
Court’s clerkNataša Malinić
Chairperson of the Council of judgesSuzana Guduraš
Person responsible for the document accuracyHead of Court OfficeDejan Đurić(Round seal: Republic of Serbia, Belgrade, Administrative Court)

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Administrative Court
9 U 6834/10 (2009)
22 February 2011
Belgrade
On 22nd February 2011, 9 U 6834/10 (2009)

Republic of SerbiaAdministrative CourtBranch in Novi SadIII-3 U 10001/10 (2009)25 November 2011Belgrade

Republic of Serbia

IN THE NAME OF THE PEOPLE

The Administrative Court, composed of the Council of Judges: Dušanka Marjanović, the President of the Council, Ruža Urošević and Zorica Kitanović, Council Members, with the participation of the Court clerk Ksenija Ivanović, as Secretary, resolving an administrative dispute at the request of the complainant Regular Grand Lodge of Serbia, Belgrade, with the head office in Belgrade, Boulevard Zorana Đinđića 113/8, of which Čedomir Vukić is the legal representative, registered in the Register of Associations, social and political organizations, on the registration sheet 4862, filed under Number 14016, as an association of citizens, represented by the attorney Srđan Vlatković from Belgrade, 14, Zvečanska street, complaining against the Conclusion of the Ministry for Public Administration and Local Self-Government, No. 130-024-00-01477/2008-07 dated 26th December 2008, with the participation of the interested party Regular Grand Lodge of Serbia from Belgrade, 3 Ohridska street, in the legal matter of registration in the Register, in a closed session held on 22nd February 2011, has reached a

V E R D I C T

The complaint is ACCEPTED and the Conclusion of the Ministry for Public Administration and Local Self-Government No. 130-024-00-01477/2008-07 dated 26th December 2008 is REVOKED…

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Thus, the Administrative Court, considering that the disputed Conclusion represents a violation of the law, to the detriment of the Complainant, has accepted the Complaint and revoked the disputed Conclusion, deciding as in the wording of the verdict pursuant to the provisions of the Article 41, paragraph 2, in respect of the Article 38, para. 2, of the Administrative Disputes Act.

DECIDED IN THE ADMINISTRATIVE COURT

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