U okviru ovog projekta Transparentnost Srbija prati organizovanje javnih rasprava o zakonskim predlozima u Republici Srbiji. Javne rasprave su jedno od sredstava za obezbeđivanje transparentnosti rada državnih organa i imaju za cilj povećanje demokratskog učešća građana i njihovih predstavnika u postupku formulisanja zakonskih i podzakonskih akata koje donose organi vlasti. Praksa organizovanja javnih rasprava je takođe od velikog značaja u borbi protiv korupcije jer omogućava poznavaocima odredjene materije da ukažu na problematične odredbe ili odredbe kojima se favorizuju interesi pojedinaca ili grupa na štetu javnog interesa.
Pravni okvir i praksa organizovanja javnih rasprava u Srbiji su nedovoljno razvijeni.
Gradjani imaju Ustavom garantovano pravo da utiču na kreiranje politike. Kada je u pitanju zakonodavni proces, gradjani imaju pravo učešća, podnošenjem peticija i inicijativa. Pored toga, Zakon o državnoj upravi propisuje obavezu organizovanja javnih rasprava kada se donosi nov propis, a sličnu odredbu sadrže i relevantni akti koji regulišu rad organa lokalne samouprave. Portal e-uprave omogućava organima republičke i lokalne vlasti da objave informacije o javnim raspravama koje organizuju. Nacionalna startegija za borbu protiv korupcije koja je na snazi od 2005 god. predviđa veću transparentnost u postupku izrade nacrta zakona.
Medjutim, sve ove mogućnosti se ne koriste dovoljno. Zakonske odredbe o javnim raspravama su neodredjene. Ne postoji unapred definisan oblik javne debate niti sankcije u slučaju da neki javni organ propusti da to učini. Ispunjenje ove zakonske obaveze se ne prati na odgovarajući način, dok je interesovanje građana slabo. Mogućnosti koje pruža Portal e-uprave se ne koriste u dovoljnoj meri, ponovo zbog nejasno definisanih obaveza za uportebu i nedovoljne informisanosti građana.
Tokom ovog projekt Transparentnost Srbija će se usredsrediti na analizu pravnog okvira i prakse, identifikujući u kojoj meri se organizuju javne rasprave, ali i na izradu preporuka za poboljšanje i zalaganje za bolju informisanost građana.
Materijal:
Projekat je podržan od strane ambasade Kraljevine Holandije u Beogradu.
U sprovođenju ovog projekta TS sarađuje sa Projektom za pravnu reformu u Srbiji GIZ-a. Kao rezultat te saradnje, analiza pravnog okvira i prakse javnih rasprava u Srbiji, analiza propisa o javnim raspravama u drugim zemljama i preporuke za izmenu propisa u Srbiji na kojima je radila naša organizacija uvrštene su u Studija o unapređenju zakonodavnog procesa u Republici Srbiji, koja će biti predstavljena 25. septembra 2012. u Narodnoj skupštini Republike Srbije.
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News
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Transparency Serbia has used the opportunity to present to representatives of parliamentary parties and the Working Group of the Government of Serbia for Cooperation with ODIHR a number of specific proposals and priorities for improving election conditions, especially regarding the financing of the election campaign and preventing the misuse of…
... detaljnije ...TS submitted proposals to the Assembly for the implementation of recommendations from the ODIHR report
Transparency Serbia submitted to the Serbian Parliament and the Government Working Group for the Improvement of the Electoral Process proposals regarding the implementation of certain recommendations from the Final ODIHR report after the December 2023 elections and unfulfilled recommendations after the previous elections. TS informed the ODIHR Observation Mission, the citizens…
... detaljnije ...Ministry of Interior should publish data on migration of voters that it submitted to Prime Minister
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... detaljnije ...Corruption prevention in the executive branch - useful GRECO recommendations have not yet been implemented
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... detaljnije ...ODIHR calls for improvement of campaign finance rules and prevention of abuse of public resources "well in advance of the…
In the final Report on the December elections, the ODIHR observation mission confirmed some of the findings of Transparency Serbia's monitoring of the election campaign, and a large number of recommendations refer to unresolved issues of election campaign financing, misuse of public resources and participation of public officials in the…
... detaljnije ...The costs of the Belgrade local election campaign - what is shown and what is missing
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... detaljnije ...Procurement for EXPO 2027 - no minimum deadlines and no legal protection
The Government of Serbia adopted a decree which, in accordance with the lex specialis, prescribes how procurement will be carried out and jobs awarded for EXPO 2027. Nemanja Nenadić from Transparency Serbia for N1 says that the differences between the rules prescribed by the Law on Public Procurement and this…
... detaljnije ...Serbia continues to fall on global list of Transparency International's Corruption Perception Index
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... detaljnije ...TS calls on MIA and HPPO to publish additional information on their actions regarding election irregularities
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... detaljnije ...Alarm over indications of serious election breaches
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In the election campaign, blurred line between state and the party - a sharp and valuable report by ODIHR
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... detaljnije ...Unfulfilled obligations and priorities for the fight against corruption
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... detaljnije ...EC report – benevolent conclusion on progress and numerous unresolved problems
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... detaljnije ...The amendment to the Law on Electronic Media does not solve the problem of "public officials' campaign"
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... detaljnije ...An amendment to prevent procurement for EXPO 2027 from being conducted without applying the Law on Public Procurement
Transparency Serbia has submitted to parliamentary groups in the Parliament of Serbia a proposal for an amendment to the Special Law on EXPO 2027 that would remove one of the significant corruption risks by obliging the special companies that will be formed for the implementation of the project to apply…
... detaljnije ...Novi Pazar, Sombor and Veliko Gradište the Most Transparent Local Governments in 2023
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... detaljnije ...No public procurement for EXPO 2027 project
Works for the construction of the exhibition area for EXPO 2027, facilities for the accommodation of participants and visitors, the National Stadium and supporting infrastructure – the value of which could amount to one billion euros – will be contracted without the application of the Law on Public Procurement, which…
... detaljnije ...Which Local Governments Were the Most Transparent in Serbia in 2023?
On October 13, 2023, Transparency Serbia and the United States Agency for International Development (USAID) will present the results of the 2023 Local Transparency Index (LTI). The Index has been measuring the transparency of all 145 local governments and 25 city municipalities in Serbia each year since 2015 and tracks…
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EPS illegally withholds information
EPS AD (Electric Power Company of Serbia), joint stock company unlawfully withholds essential information from the public about its work and the possible disposing of the assets of great value. Transparency Serbia, since 26 May 2023, has been trying to verify with the Electric Power Company of Serbia the allegations…
... detaljnije ...On amendments to the Law on Prevention of Corruption
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... detaljnije ...Corrupt risks of free conversion not taken into account
Amendments to the Law on Planning and Construction carry a high corruption risk because the state is giving up potential public revenues in favour of individual companies and, at the same time, threatens legal certainty and equality before the law. The amendments provide for the free conversion of the "right of…
... detaljnije ...What needs to be fixed in the proposal of the law on the management of state enterprises
Transparency Serbia sent the Government of Serbia, the Ministry of Economy and the Agency for the Prevention of Corruption a detailed analysis of corruption risks and other shortcomings in the draft law on managing business companies owned by the Republic of Serbia (SOE). The proposal for a law on companies owned…
... detaljnije ...Directors of SOE outside the reach of anti-corruption regulations
The directors of the largest state-owned companies (SOE), which manage assets worth tens of billions of euros, will not have the obligations, restrictions or control provided for public officials in the Law on Prevention of Corruption if the deputies adopt the proposed Law on the Management of Companies Owned by…
... detaljnije ...One of the laws crumbling the public procurement system repealed
The repeal of the law on line infrastructure[1], which opened up a huge space for discretionary decision-making and had the potential for corruption, is good news after years of crumbling public procurement systems. However, it is essential to emphasize that by deleting this law, only one of the channels for…
... detaljnije ...Change the selection method for independent bodies' managers
The legal rules leave too much room for political parties to influence the election of heads of independent bodies, Transparency Serbia emphasises. Although the majority of MPs decide the election - which is inevitable - the parties also have the sole or decisive say in the candidacy phase. At today's session…
... detaljnije ...Harmful and unexplained amendments to the Statute of ”JP Elektroprivreda Srbije”
Amendments to the articles of founding act and the Statute of ”JP Elektroprivreda Srbije” will have very harmful consequences on the implementation of anti-corruption laws in the largest Serbian public company, Transparency Serbia warns. In addition, the key reasons for changes are not explained and the legal basis is disputed. The…
... detaljnije ...Prosecutor's Office should increase the transparency of its work and investigate all abuses in EPS
The Higher Public Prosecutor's Office (HPPO) in Belgrade, in response to a request for access to information sent by Transparency Serbia, confirmed[1] that there is no evidence that prosecutor Bojana Savović requested a transfer from the Special Department for the Fight against Corruption. At the same time, HPPO did not submit…
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