Context
On 13 July 2026, the procedure for electing a new Commissioner for Information of Public Importance and Personal Data Protection began, when the Speaker of the National Assembly announced a public call for candidate applications.
The office of Commissioner is currently held by Milan Marinović (a former misdemeanour court judge), who was elected in July 2019 to a seven-year term. Marinović enjoyed the support of the Serbian Progressive Party; he was nominated by ten members of the Committee on Culture and Information and elected at a plenary session of the National Assembly by a majority of MPs. Nevena Ružić, nominated by opposition parliamentary groups and backed by civil society organizations, received one vote in the Committee, while the candidate Bojan Milosavljević (nominated by the Socialist Movement) received no votes. The selection procedure was criticized by the expert public.
After the 2026 call was published, Marinović stated that he would run again for this office, even though the applicable Law on Free Access to Information of Public Importance provides that the Commissioner cannot be re-elected (that is, may hold the office for only one term). He argued that in his case the provisions of the earlier law, under which he was elected to his first term, apply.
In the current social and political circumstances, the election of a new Commissioner is a significant matter, especially given the public's need to obtain information on the conduct of the competent authorities and the increasingly frequent breaches of personal data confidentiality.
The office of Commissioner is currently held by Milan Marinović (a former misdemeanour court judge), who was elected in July 2019 to a seven-year term. Marinović enjoyed the support of the Serbian Progressive Party; he was nominated by ten members of the Committee on Culture and Information and elected at a plenary session of the National Assembly by a majority of MPs. Nevena Ružić, nominated by opposition parliamentary groups and backed by civil society organizations, received one vote in the Committee, while the candidate Bojan Milosavljević (nominated by the Socialist Movement) received no votes. The selection procedure was criticized by the expert public.
After the 2026 call was published, Marinović stated that he would run again for this office, even though the applicable Law on Free Access to Information of Public Importance provides that the Commissioner cannot be re-elected (that is, may hold the office for only one term). He argued that in his case the provisions of the earlier law, under which he was elected to his first term, apply.
In the current social and political circumstances, the election of a new Commissioner is a significant matter, especially given the public's need to obtain information on the conduct of the competent authorities and the increasingly frequent breaches of personal data confidentiality.
Legal framework
The procedure for electing the Commissioner and the Commissioner's position are primarily regulated by the Law on Free Access to Information of Public Importance (Arts. 30-32), while guarantees of the Commissioner's independence are also laid down by the Law on Personal Data Protection (Arts. 73-75).
The Law on Free Access to Information of Public Importance was last amended in 2021, when mechanisms for public participation in the procedure were introduced, the provisions on the manner of election were expanded, the competence to nominate candidates was transferred from the Committee on Culture and Information to the Committee on Justice, Public Administration and Local Self-Government, and the Commissioner's term was extended from 7 to 8 years - but with an explicit prohibition on re-election. The amendments were adopted in order to align with the Action Plan and, in particular, as stated, with the aim of advancing human rights and applying international instruments and the practice of most European Union countries.
The Law on Free Access to Information of Public Importance was last amended in 2021, when mechanisms for public participation in the procedure were introduced, the provisions on the manner of election were expanded, the competence to nominate candidates was transferred from the Committee on Culture and Information to the Committee on Justice, Public Administration and Local Self-Government, and the Commissioner's term was extended from 7 to 8 years - but with an explicit prohibition on re-election. The amendments were adopted in order to align with the Action Plan and, in particular, as stated, with the aim of advancing human rights and applying international instruments and the practice of most European Union countries.
Election procedure
General rules
The Commissioner is elected by the National Assembly, by a majority of all MPs, on the proposal of the Committee on Justice, Public Administration and Local Self-Government. The Commissioner is elected for a term of 8 years, without the possibility of re-election.
The procedure begins no later than 180 days before the expiry of the previous Commissioner's term, or no later than 30 days after a decision on termination of office is adopted.
The procedure begins no later than 180 days before the expiry of the previous Commissioner's term, or no later than 30 days after a decision on termination of office is adopted.
Stages of the procedure
Conditions for elections
A person who has recognized standing and expertise in the field of the protection and advancement of human rights may be elected Commissioner.
The formal conditions are: general conditions for work in state bodies; a completed law degree; at least 10 years of work experience.
The incompatibility rule applies - the Commissioner may not perform another function or professional activity, another duty or job that could affect their autonomy and independence, and in particular may not be a member of a political party.
The formal conditions are: general conditions for work in state bodies; a completed law degree; at least 10 years of work experience.
The incompatibility rule applies - the Commissioner may not perform another function or professional activity, another duty or job that could affect their autonomy and independence, and in particular may not be a member of a political party.
Term
In accordance with the 2021 Law on Free Access to Information of Public Importance, the Commissioner is elected for a term of 8 years, without the possibility of re-election to this office.
The Commissioner's office terminates in several ways: expiry of the term; Meeting the conditions for an old-age pension does not entail termination of the term. death; at personal request (resignation); loss of citizenship; restriction of legal capacity by a final court decision; a sentence of at least 6 months' imprisonment by a final court decision; dismissal.
Dismissal may occur where the incompatibility rule has been breached, that is, if the Commissioner performs their duty unprofessionally or negligently, if they are elected, appointed or nominated to another office, if they begin performing a duty, activity or professional activity without the consent of the body competent to decide on conflicts of interest, or if they become a member of a political party.
In the case of ex lege termination, the National Assembly, without debate and by a majority of votes, adopts a decision establishing the day on which the Commissioner's office terminates.
By contrast, dismissal proceedings are initiated on a reasoned proposal of one third of MPs, after which the Committee determines whether the (statutory) grounds exist. If it finds that they do, it submits a draft decision on dismissal to the National Assembly, and the Commissioner has the right to address the MPs at the session of the Committee and of the National Assembly.
The Commissioner's office terminates in several ways: expiry of the term; Meeting the conditions for an old-age pension does not entail termination of the term. death; at personal request (resignation); loss of citizenship; restriction of legal capacity by a final court decision; a sentence of at least 6 months' imprisonment by a final court decision; dismissal.
Dismissal may occur where the incompatibility rule has been breached, that is, if the Commissioner performs their duty unprofessionally or negligently, if they are elected, appointed or nominated to another office, if they begin performing a duty, activity or professional activity without the consent of the body competent to decide on conflicts of interest, or if they become a member of a political party.
In the case of ex lege termination, the National Assembly, without debate and by a majority of votes, adopts a decision establishing the day on which the Commissioner's office terminates.
By contrast, dismissal proceedings are initiated on a reasoned proposal of one third of MPs, after which the Committee determines whether the (statutory) grounds exist. If it finds that they do, it submits a draft decision on dismissal to the National Assembly, and the Commissioner has the right to address the MPs at the session of the Committee and of the National Assembly.
Position
The laws provide that the Commissioner is autonomous and independent in exercising their competence. In terms of employment-based rights, the Commissioner is equated with a judge of the Supreme Court.
The Commissioner enjoys immunity - they cannot be held liable for an opinion expressed or a proposal made in the exercise of their competence, and in the event of criminal prosecution for an offence committed in the exercise of their competence they cannot be detained without the approval of the National Assembly.
The Commissioner enjoys immunity - they cannot be held liable for an opinion expressed or a proposal made in the exercise of their competence, and in the event of criminal prosecution for an offence committed in the exercise of their competence they cannot be detained without the approval of the National Assembly.
