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Serbia

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: Inactive

Institutions

Lead Institution: Ministry of public administration

Support Institution(s): State administration authorities performing inspection control USAID

Policy Areas

Audits and Controls

IRM Review

IRM Report: Serbia End-of-Term Report 2014-2016

Starred: No

Early Results: Did Not Change

Design i

Verifiable: No

Relevant to OGP Values: Not Relevant

Potential Impact:

Implementation i

Completion:

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%5D 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.

Serbia's Commitments

  1. Develop a Model of Job Description or Part of Job Description of an Officer Responsible for Cooperation with Civil Society in Local Administration

    RS0014, 2016, Capacity Building

  2. Organise Trainings for Public Administration Officers in Connection with the Application of the Guidelines on Inclusion of Civil Society Organisations in the Process of Passing Regulations

    RS0015, 2016, Capacity Building

  3. Organise Trainings for CSO in Connection with Application of the Guidelines on Inclusion of Civil Society Organisations in the Process of Passing Regulations

    RS0016, 2016, Capacity Building

  4. Improve the System for Collecting Initiatives from Citizens and Businesses

    RS0017, 2016, Capacity Building

  5. Introducing Standards for Civic Participation in the Public Policy Management System

    RS0018, 2016, Capacity Building

  6. Improving Proactive Transparency – Information Booklet

    RS0019, 2016, Capacity Building

  7. Amendments to the Law on Free Access to Information of Public Importance

    RS0020, 2016, Legislation & Regulation

  8. Development of an Open Data Portal

    RS0021, 2016, Capacity Building

  9. Draft a Bylaw Based on the Guidelines for Evaluation of Websites

    RS0022, 2016, Capacity Building

  10. Improve the Institute of Public Hearing in the Drafting of Laws

    RS0023, 2016, Legislation & Regulation

  11. Development of a Uniform Methodology for Planning, Monitoring and Performance Evaluation of Programmes and Projects Implemented by Civil Society Organisations and Monitoring the Spending of Allocated Funds

    RS0024, 2016, Capacity Building

  12. Amend the Regulation on Funds to Support Programmes or Missing Amount of Funds for Programmes of Public Interest Implemented by Associations

    RS0025, 2016, Capacity Building

  13. Enactment of a Law on Electronic Documents, Electronic Identification and Trusted Services in Electronic Business

    RS0026, 2016, Capacity Building

  14. Establish a Single Public Register of Administrative Procedures and Other Conditions for Pursuing a Business Activity

    RS0027, 2016, Capacity Building

  15. Transparency in Monitoring Budget Expenditures

    RS0001, 2014, Capacity Building

  16. Law on Financing Political Activities

    RS0002, 2014, Legislation & Regulation

  17. Transparent Public Procurement Procedures

    RS0003, 2014, Open Contracting and Procurement

  18. Transparent Financing of Civil Society Organizations

    RS0004, 2014, Civic Space

  19. Extending and Clarifying Responsibilities of the Anti-Corruption Agency

    RS0005, 2014, Anti-Corruption Institutions

  20. Whistleblower Protection Trainings and Campaigns

    RS0006, 2014, Legislation & Regulation

  21. Draft Law Regulating Inspections in Public Administration

    RS0007, 2014, Audits and Controls

  22. e-Governmental Portal Awareness and Mobile Application

    RS0008, 2014, E-Government

  23. Starred commitment Public Administration Website Harmonization and Amendments to the Law on Free Access to Information of Public Importance

    RS0009, 2014, E-Government

  24. New Technologies to Improve Citizen Services

    RS0010, 2014, E-Government

  25. Cooperation with Civil Society Organizations in Public Policymaking

    RS0011, 2014, Civic Space

  26. Citizen Participation in Local Government Affairs

    RS0012, 2014, Public Participation

  27. Civil Society Participation in Monitoring the Public Administration (PAR) Strategy

    RS0013, 2014, Audits and Controls