Due to the large number of backlogged cases from previous years and the growing number of complaints from citizens about the work of the Republic Geodetic Authority, which does not make decisions on appeals within the legal deadline, as well as the large number of backlogged cases from previous years, the Protector of Citizens issued a systemic recommendation to the Republic Geodetic Authority, but also to the Ministry of Construction, Transport and Infrastructure, in order to protect the rights of citizens.
The Protector of Citizens is familiar with the problem of the lack of staff of the Republic Geodetic Authority and recognizes that this is, to a considerable extent, the cause of insufficient efficiency in decision-making procedures on appeals. This independent state body welcomes the efforts made by the Republic Geodetic Authority in order to increase the staff capacities that would ensure the efficient performance of tasks within its jurisdiction. However, bearing in mind the current situation related to the backlog in the resolution of "old" second-instance cases, the Protector of Citizens states that disregarding the previously issued recommendations for eliminating the perceived deficiencies in the resolution of complaints within the deadlines prescribed by law, which obviously represents a problem of a systemic nature, has immediate and indirect consequences, which are the creation of legal uncertainty, the worsening of the legal position of citizens and the realization of their rights.
The Protector of Citizens believes that the systemic failure to resolve the backlog of second-instance cases during the years has created a situation in which citizens are deprived of any opportunity not only to exercise their rights within the legal, but also within a reasonable time, in the procedure provided for by law.
According to the above, the Protector of Citizens also believes that the competent Ministry of Construction, Transport and Infrastructure has not played an active role, and that it is necessary for it, within its competences, to devote itself more actively to regulating the situation, as well as to determine the facts as soon as possible in cooperation with the Republic Geodetic Authority about the situation regarding the resolving of "old" second-instance cases.
It is also necessary for the Republic Geodetic Authority to take all measures that will be aimed at filling the employee staff capacities in the Department for second-instance proceedings and, based on the date of receipt of backlogged second-instance cases, to determine the order of their resolution and set a general and reasonable deadline in which each of those cases must be completed, it is stated, among other things, in the recommendation.