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Serbia

Improve the Institute of Public Hearing in the Drafting of Laws (RS0023)

Overview

At-a-Glance

Action Plan: Serbia Second National Action Plan 2016-2018

Action Plan Cycle: 2016

Status: Inactive

Institutions

Lead Institution: MPALSG; Government’s Secretariat General/Republic Secretariat for Legislation

Support Institution(s): Anti-Corruption Agency, Republic Secretariat for Public Policies; Civil society organisations

Policy Areas

Legislation & Regulation, Public Participation

IRM Review

IRM Report: Serbia End-of-Term Report 2016–2018, Serbia Mid-Term Report 2016-2018

Starred: No

Early Results: Major Major

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information Civic Participation

Potential Impact:

Implementation i

Completion:

Description

THEME: GOVERNMENT INTEGRITY – FIGHTING CORRUPTION; COMMITMENT 10: Improve the institute of public hearing in the drafting of laws; Status quo or problem addressed by the commitment: It is not uncommon for the Government to submit bills for parliamentary debate without first holding a public hearing. Since the criteria for determining when a public hearing has to be held in the legislative process, as set out in the Law on Public Administration and the Government’s Rules of Procedure, are not sufficiently clear and are subject to different interpretations in practice, this issue should be addressed in detail through amendments to those regulations. Moreover, even when public hearings are held, stakeholders’ comments and suggestions are sometimes not taken into account and Ministries sometimes fail to explain in the reports of public hearings how they reviewed such suggestions and proposals, whether they accepted such suggestions and proposals and, if so, to what extent. Lack of public hearings and enactment of laws in an expedited procedure are detrimental to civic participation and transparency; furthermore, laws enacted in this way are as a rule deficient in some way and entail a certain level of corruption risks. Main objective: To create legal assumptions for public hearings and ensure that texts of draft laws submitted for public hearing are subsequently modified primarily as a result of acceptance of comments and suggestions made in the public hearing. This should apply to all laws, except in cases where certain precisely defined criteria are met that require immediate action, where the laws are passed to ratify international agreements or where the so-called “technical” amendments are made to laws, i.e. amendments which do not affect the existing conditions and the manner in which natural persons and legal entities exercise their rights and responsibilities etc. Cases when laws are enacted without a public hearing should be kept at an absolute minimum and this should be done only when strictly necessary, in urgent situations where postponement is not possible, in accordance with precisely defined criteria. Furthermore, a duty should be imposed on public authorities when drafting laws to post on their website all received proposals and comments, as well as reasons for accepting or rejecting those proposals, before providing a detailed report of the public hearing. Interactive relations should be established with stakeholders to ensure that any proposals and suggestions made during a public hearing are clearly conceived, consistent and as specific as possible. Brief description of commitment (140-character limit): Amendments to the Law on Public Administration and the Government’s Rules of Procedure as they pertain to mandatory public hearings in the drafting of laws. OGP challenge addressed by the commitment: Strengthening public integrity; Relevance: This commitment will clearly contribute to the attainment of all proclaimed principles of the Open Government Partnership – transparency and civic participation. Namely, amendments to these regulations should ensure that public hearings are held on a regular basis and that draft laws submitted for public hearing can subsequently be modified primarily as a result of acceptance of comments and suggestions made during public hearings; the amendments should also provide for publishing of all received proposals and comments, as well as reasons for accepting or rejecting such proposals. Ambition: Public hearings are held in the process of enactment of all laws, except in cases where certain precisely defined criteria are met that require immediate action, where the laws are passed to ratify international agreements or where the so-called “technical” amendments are made to laws, i.e. amendments which do not affect the existing conditions and the manner in which natural persons and legal entities exercise their rights and responsibilities etc. Furthermore, when drafting laws, public authorities post on their website all received proposals and comments, as well as reasons for accepting or rejecting those proposals. This contributes to greater transparency in the legislative process, encourages civic participation in the legislative process and improves the quality of enacted laws.

IRM Midterm Status Summary

For Commitment details, please see Serbia Mid-Term Report 2016-2018 (Year 1).

IRM End of Term Status Summary

For commitment details, see Serbia End-of-Term Report 2016–2018.


Commitments

  1. Increasing transparency and participation in parliament

    RS0042, 2018, Civic Space

  2. Publishing Budget Law

    RS0028, 2018, E-Government

  3. e-calendar for financing civil society

    RS0029, 2018, E-Government

  4. publish data on environmental protection funds

    RS0030, 2018, Capacity Building

  5. opening data for public calls for media development

    RS0031, 2018, E-Government

  6. open data reports on CSOs

    RS0032, 2018, E-Government

  7. amending media registration bylaws

    RS0033, 2018, E-Government

  8. Assistance with and monitoring of adoption of LAP

    RS0034, 2018, Anti-Corruption Institutions

  9. Updating of electoral roll

    RS0035, 2018, E-Government

  10. ePAPER

    RS0036, 2018, E-Government

  11. e-notice board

    RS0037, 2018, E-Government

  12. Improving proactive transparency – Information Booklet

    RS0038, 2018, E-Government

  13. Access to Information Law

    RS0039, 2018, Capacity Building

  14. cooperation with CSOs on regulations

    RS0040, 2018, Capacity Building

  15. e-civic engagement

    RS0041, 2018, E-Government

  16. 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

  17. 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

  18. 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

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

    RS0017, 2016, Capacity Building

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

    RS0018, 2016, Capacity Building

  21. Improving Proactive Transparency – Information Booklet

    RS0019, 2016, Capacity Building

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

    RS0020, 2016, Legislation & Regulation

  23. Development of an Open Data Portal

    RS0021, 2016, Capacity Building

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

    RS0022, 2016, Capacity Building

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

    RS0023, 2016, Legislation & Regulation

  26. 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

  27. 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

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

    RS0026, 2016, Capacity Building

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

    RS0027, 2016, Capacity Building

  30. Transparency in Monitoring Budget Expenditures

    RS0001, 2014, Capacity Building

  31. Law on Financing Political Activities

    RS0002, 2014, Legislation & Regulation

  32. Transparent Public Procurement Procedures

    RS0003, 2014, Open Contracting and Procurement

  33. Transparent Financing of Civil Society Organizations

    RS0004, 2014, Civic Space

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

    RS0005, 2014, Anti-Corruption Institutions

  35. Whistleblower Protection Trainings and Campaigns

    RS0006, 2014, Legislation & Regulation

  36. Draft Law Regulating Inspections in Public Administration

    RS0007, 2014, Audits and Controls

  37. e-Governmental Portal Awareness and Mobile Application

    RS0008, 2014, E-Government

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

    RS0009, 2014, E-Government

  39. New Technologies to Improve Citizen Services

    RS0010, 2014, E-Government

  40. Cooperation with Civil Society Organizations in Public Policymaking

    RS0011, 2014, Civic Space

  41. Citizen Participation in Local Government Affairs

    RS0012, 2014, Public Participation

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

    RS0013, 2014, Audits and Controls