Draft Law Regulating Inspections in Public Administration (RS0007)
Overview
At-a-Glance
Action Plan: Serbia First Action Plan 2014-2015
Action Plan Cycle: 2014
Status:
Institutions
Lead Institution: Ministry of public administration
Support Institution(s): State administration authorities performing inspection control USAID
Policy Areas
IRM Review
IRM Report: Serbia End-of-Term Report 2014-2016, Serbia Progress Report 2014-2016
Early Results: Did Not Change
Design i
Verifiable: No
Relevant to OGP Values: No
Ambition (see definition): Low
Implementation i
Description
There is no special law which regulates the area of inspection oversight. With the entry into force of the Law on Public Administration in 2005, the 1992 Law on public administration ceased to be effective, except for provisions related to the inspection oversight. Therefore, with the aim of increasing the effectiveness, efficiency, and cost-effectiveness of inspection oversight, it is necessary to pass a new law, which will regulate this area on uniform basis and in a comprehensive manner. The law will provide effective control of work, quality of products and services, and therefore contribute to the reduction of corruption and also grey economy. The law will provide transparency of the inspection process, as well as regulate data exchange between inspections – by publishing all provisions, legal acts, and documents that are base for the inspection oversight, and also by establishing the legal framework for efficient data exchange and exchange of electronic documents on planning and implementing the inspection control. The Ministry of Public Administration and Local Self-government, in cooperation with relevant state authorities, has prepared the Draft Inspection Oversight Law.
IRM End of Term Status Summary
Commitment 7. Draft law regulating inspections in public administration
Commitment Text:
1. Improvement of the legal framework regulating inspection oversight
a. Submitting Draft Law to the Government for consideration and formulation of the Bill
Responsible Institution(s): Ministry of Public Administration
Supporting Institution(s): State administration authorities performing inspection control; USAID
Start Date: Not specified End Date: Quarter IV 2015
Commitment aim:
This commitment is intended to address Serbia’s lack of systematic legislation regarding inspection oversight. Regulating inspection activities in general is intended primarily to improve the business and investment environment, to address the shadow economy, and to increase the transparency of these activities. However, the IRM researchers coded this commitment, as it was written, as unclear in terms of OGP values given that it does not have a public-facing element. Activities envisaged through the commitment and their effect appeared fully internal.
Status: Complete at mid-term
The Law on Inspection Supervision entered into force on 29 April 2015 and has been in effect since 30 April 2015. For more information, see the IRM Serbia 2014-2015 Progress Report.
Did it open government?
Access to information: Did not change
The Law on Inspection Oversight is an important step for both the private sector and the wider public, who have indicated their need for increased inspection oversight standards and a clear legal framework to regulate inspection activities.[Note 33: “Moderning Inspection Oversight - Prevention Before Repression,” press release, USAID, 6 March 2015, http://bit.ly/1SVMPu4] Nonetheless, the commitment, as written, appeared internal and with no direct impact on open government. Hence, its OGP value relevance was coded as unclear in the midterm IRM report. However, the law does provide the basis for establishing an information system for inspections, E-Inspector. The E-Inspector could allow citizens to follow inspection activities online and to increase the transparency of the overall inspection process. The potential of this commitment to contribute to open government in Serbia can be assessed only in the long term. Thus, although completed, the commitment did not contribute directly to government openness. The IRM researchers believe that, in the long term, this law could have a major effect on increasing access to inspection oversight information. This depends on how the information system is implemented and whether the inspection activities are transparent through this process. The effect of this commitment in the long term is too uncertain to assess whether it will have an impact in the context of open government.
Carried forward?
The commitment was completed, and no directly related commitments were included in the 2016-2018 action plan adopted in November 2016.