Information on Key Provisions of the Law on the Planning System : Inclusion

The Republic Secretariat has prepared a set of information on the key provisions of the Law on the Planning System, presented in its entirety below.

The National Assembly adopted the Law on the Planning System of the Republic of Serbia (“Official Gazette of RS”, No 30/18) on 19 April 2018. The Law came into force on 28 April 2018, and applies as of 29 October 2018. The motive for adopting this law was the need to establish an efficient, transparent, coordinated and realistic planning system for the Republic of Serbia, autonomous provinces and local self-government units, covering all key aspects of the social and economic development policy and regional and spatial development, with the optimum utilization of budget funds, ensuring the sustainable growth and development of the Republic of Serbia.

Having in mind the above, we would hereby like to take this opportunity to note the most important provisions of the Law on the Planning System of the Republic of Serbia, as follows:

Obligation of implementing ex-ante impact analyses: Public policy documents shall be drafted in accordance with ex-ante impact analyses and ex-posed impact analyses of public policy documents and regulations in force in the given area (Article 31 of the Law on the Planning System of the Republic of Serbia);
Obligation of publishing the start of development of a public policy document: Public administration bodies shall notify the public on the start of development of a public policy document by publishing a notice on their website and on the e-Government portal, seven working days before the date of starting the development of the given document (Article 32 of the Law on the Planning System of the Republic of Serbia);
Obligation of presenting the findings of the implemented impact analysis: Public administration bodies shall present the findings and data on the scope and methods of the implemented ex-ante impact analysis of a public policy and the results of the ex-post impact analysis of public policies already implemented as part of the public policy document itself, so that the competent adopting body would have relevant data for making a decision regarding the given issue and to introduce the public to the reasons for adopting the given document. The public administration body shall publish the findings of the implemented impact analysis, along with the draft public policy document, on their website in their entirety at the latest on the date of starting public review (Article 33 of the Law on the Planning System of the Republic of Serbia);
The obligation of implementing consultations during all phases of drafting public policy documents: Public administration bodies shall provide for the participation of all stakeholders and target groups in the consultation process, implemented during the drafting of public policy documents. Depending on the scope of the public policy document the consultation process shall include stakeholders and target groups from among citizens and businesses, associations of citizens or businesses and other civil society organizations, scientific-research, professional or other organizations, as well as representatives of state bodies, local authorities and other participants in the planning system implementing or in regards to whom the given policy is being implemented. The public administration body shall publish the information on the results of the implemented consultation on their website at the latest within 15 days of the date of completing the consultations (Article 34 of the Law on the Planning System of the Republic of Serbia);
Control of the implementation of ex-ante impact analysis for public administration bodies: Public administration bodies shall, as part of the draft public policy document submitted to the Government for adoption, submit the findings of the implemented public policy document impact analysis, along with the opinion of the public administration body competent for public policy coordination, on the completeness and quality of the implemented impact analysis, within the deadlines envisaged by the Government Rules of Procedure. The public administration body shall submit, along with the draft public policy document, an assessment of the financial effects for the budget, in accordance with the law regulating the budget system (Article 37 of the Law on the Planning System of the Republic of Serbia);
Due application of the obligation of implementing impact analyses for regulations: Public administration bodies shall, during the drafting of draft laws and draft regulations adopted by the Government and considerably changing the method for exercising the rights, obligations and legal interests of natural and legal persons:

Implement an ex-ante impact analysis, with due application of Article 31 of the Law on the Planning System of the Republic of Serbia (Obligation of implementing ex-ante impact analyses) and submit it for an opinion to the RSPP in accordance with Article 41, paragraph 3 of the same law;
Present the findings of the impact analysis of regulations implemented as per item 1) of this paragraph on their website;
Implement consultations (Article 41 of the Law on the Planning System of the Republic of Serbia).

The failure to link the process of public policy planning and drafting of regulations in a unified process results in the inefficiency of the planning system and regulatory framework for commerce and the life of citizens. Therefore the Law prescribes the obligation of implementing impact analyses for public policies during the drafting of all public policy documents and the linking of this process with the process of the impact analysis of regulations, when public policy measures are being implemented through regulations. This system provides for the harmonization of the legal framework for commerce and the life of citizens in Serbia with the vision of development contained in the highest planning documents of the state and measures defined in public policy documents. In other words, it ensures an efficient planning system and favourable regulatory framework for social development.

The Republic Secretariat for Public Policy provides methodological support for public administration bodies in the harmonization of public policy documents and regulations with the Law on the Planning System of RS. The Republic Secretariat for Public Policy has organized trainings for public administration bodies in the use, administration and training of other users for working in the Unified Information System for planning and monitoring the implementation of public policy, and for drafting ex-ante impact analyses during 2018, planned for 2019 as well.

Source: Republic Secretariat for Public Policy, taken from www.civilnodrustvo.gov.rs