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Serbia

e-notice board (RS0037)

Overview

At-a-Glance

Action Plan: Serbia Action Plan 2018-2020

Action Plan Cycle: 2018

Status: Active

Institutions

Lead Institution: Ministry of Public Administration and Local Self-Government

Support Institution(s): Administration Office for Information Technologies and e-Government 45 Civil sector organisations, private sector, working groups CSOs that are members of the OGP Working Group

Policy Areas

E-Government, Legislation & Regulation, Legislature, Subnational

IRM Review

IRM Report: Serbia Design Report 2018-2020

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information Technology

Potential Impact:

Implementation i

Completion:

Description

COMMITMENT 10: Establishment of an e-Notice Board for all state administration and local
self-government bodies
Q2 2019 – Q3 2019
Lead implementing agency Ministry of Public Administration and Local Self-Government
Description of Commitment
43
Problem addressed by the
commitment
The Law on General Administrative Procedure sets for the
procedure and ways of public service of writs on parties.
One of the ways is publishing of writs on the websites and
notice boards of authorities.
However, many administration bodies do not have a dedicated
e-notice board on their websites, which makes it difficult for
parties in proceedings to find information. In addition, there is
no legal certainty for parties in administrative procedures
(natural and legal persons) who are served writs in this way,
because they are unable to find the required documents on the
websites, while deadlines begin on the date of publishing of a
writ on a notice board.
Furthermore, state administration bodies and LSGUs also have
an obligation to publish on their notice boards other documents
relating to various public calls, amendments to planning
documents and public procurement; individual documents,
general bylaws of local self-governments etc.
At present, the only way to publicly serve other documents and
gain access to them is on the notice boards placed inside the
buildings of the relevant administration bodies, which are in
practice not readily accessible to natural and legal persons and
are often difficult to read due to the sheer number of documents
posted.
Main objective Implement e-Notice Boards on the websites of all state
administration and local self-government bodies
How will this commitment
contribute to problem solving?
In accordance with the principle of legality, protection of rights
of parties and effectiveness and cost-efficiency for parties in an
administrative procedure, natural and legal persons will be able
to see in one place (on an e-Notice Board), free of charge, all
documents served by a body on the parties. Administration
bodies will be able to serve more efficiently those writs that
must be publicly served under the law. Citizens and businesses
will have access to all documents published in hard copy on
internal notice boards by state administration bodies and
LSGUs, when they exercise delegated state administration tasks
within the scope of rights and duties of the Republic (including
information relating to various public calls, amendments to
planning documents and public procurement; individual
documents, general bylaws of local self-governments etc. will
also be posted). All of these will be available in one place – on
an e-Notice Board.
44
The way in which this commitment
is relevant to further advancing
OGP values
This commitment concerns improved access to information and
freedom of information.
It is relevant for transparency and contributes to legal certainties
(a party in an administrative procedure will know they can find
a document addressed to them on the website of the relevant
authority). Based on documents served in this way, the party
may initiate further proceedings, file complaints etc.
This commitment will contribute to openness and accountability
of government through the use of new technologies and
innovation.
Additional information
Activity with a verifiable
deliverable and completion date
Start Date: End Date:
1. Working Group formed Q2 2019 Q2 2019
2. Amendments to the Regulation
on Office Operations of State
Administration Bodies prepared or
a new Regulation drafted
Q2 2019 Q3 2019
3. Amendments to the Regulation
on Office Operations of State
Administration Bodies adopted
Q3 2019 Q3 2019
Contact information
Name of a responsible person in the
implementing agency
Natalija Pavlović Šiniković
Title, Department Assistant Minister, MPALSG – Sector for Development of
Good Governance
Email and phone number natalija.pavlovic@mduls.gov.rs
Other
actors
involved
Administration
Office for Information Technologies and e-Government
45
Civil sector
organisations, private
sector, working
groups
CSOs that are members of the OGP Working Group

IRM Midterm Status Summary

10. e-Notice Board

Language of the commitment as it appears in the action plan:

Title: Establishment of an e-Notice Board for all state administration and local self-government bodies

Implement e-Notice Boards on the websites of all state administration and local self-government bodies.

  1. Working Group formed
  2. Amendments to the Regulation on Office Operations of State Administration Bodies prepared or a new Regulation drafted
  3. Amendments to the Regulation on Office Operations of State Administration Bodies adopted

For full commitment text, please refer to the National Action Plan at https://www.opengovpartnership.org/wp-content/uploads/2019/01/Serbia_Action-Plan_2018-2020_EN.pdf

 

Start Date: Q2 2019

End Date: Q3 2019

Context and Objectives

Public administration bodies are mandated [133] to publicly deliver administrative documents to parties in administrative proceedings (in case no other method of delivery is possible) through their web pages and notice boards. In practice, web-based notice boards are scarce, especially on the local level, which hampers access to information. As an example, a review of web pages of a sample composed of approximately 74 government bodies revealed that only four contain an easily accessible e-notice board. [134] The web page of the Commissioner for Information of Public Importance and Personal Data Protection [135] and the Medicines and Medical Devices Agency [136] stand out as models of information access. Without an e-notice board, old-fashioned analog notice boards inside of each building are all that is available, which is particularly burdensome for the elderly and persons with disabilities. [137] This practice impedes legal certainty for parties and limits the time for appeals, as the time allowed to appeal starts counting down toward a deadline once that notice is attached to the analog board. This can have serious consequences for cases such as a house demolition without prior notice. [138]

To address the problem, this commitment aims to amend a bylaw regulating administrative work in the public bodies [139] and to legally require e-notice boards on the web pages of state- and local-level administration bodies. As it provides for more accessible information through modern tools, the commitment is relevant for the OGP values of access to information and technology and innovation for transparency and accountability.

However, the commitment outlines actions to be taken in a vague manner, and the IRM researchers consider that its completion and impact will be hard to verify. A MPALSG representative stated that it is still uncertain whether the Regulation would be only amended or fully replaced with a new one, which depends on the scope of modifications. [140] The commitment also does not specify the composition of the working group tasked to draft the amendments and imposes rules through a bylaw with no sanctions prescribed. It further fails to envision monitoring of implementation and taking corrective measures or providing support to the administration bodies. Finally, the commitment does not take into account consultations with end users (civil society, citizens, companies, etc.) to improve the state of play. Therefore, if fully implemented as designed, the commitment could have a minor impact on data availability, legal certainty, and transparency of administrative procedures by enabling the service seekers to make appeals.

Next steps

The IRM researcher suggests the following measures be included in the implementation of this commitment:

  • Specify the content and scope of the amendments to the regulation and whether amendments to the regulation will be followed by modification of the Instructions on Office Operations of State Administration Bodies. Provide more details on the composition of the Working Group for drafting/amending the bylaw and include non-governmental stakeholders.
  • Develop compliance enforcement mechanisms, such as the following:
    • Provide support to bodies by direct communication and creating instructional material.
    • Prescribe obligation for administration bodies to include online questionnaires on their web pages, which would measure the satisfaction of visitors, including the question for users of e-notice boards, and collect suggestions and proposals for improvement of the page.
    • Share examples of best practices across the administration.
    • Work on promoting and increasing visibility of e-notice boards.
    • Establish annual grading of web pages of administration bodies. This can be done by the Office for IT and eGovernment, according to the regulation on the web pages of the public administration bodies. [141]
[133] Article 78, Law on General Administrative Procedure, Official Gazette of the Republic of Serbia, 18/2016.
[134] Representative of a local CSO involved in the national OGP process, interviewed by IRM researchers, 13 February 2019.
[135] The web page of the Commissioner for Information of Public Importance and Personal Data Protection is available at https://www.poverenik.rs/sr/
[136] The web page of the Medicine and Medical Devices Agency is available at https://www.alims.gov.rs/eng/
[137] Representative of a local CSO involved in the national OGP process, interviewed by IRM researchers, 13 February 2019.
[138] Report on the Consultative Meeting between the Inter-Ministerial Working Group and the civil society, Belgrade, 13 April 2018.
[139] Rulebook on Office Operations in the Public Administration Bodies, Official Gazette of the Republic of Serbia, 80/1992-2788, 45/2016-4, 98/2016-5 
[140] Representative of MPALSG, interviewed by IRM researchers, 18 February 2019.
[141] Official Gazette of the Republic of Serbia 104/18

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