Anticorruption strategy and National Assembly

1. Anticorruption strategy and National Assembly Report on monitoring for period from July to October 2008

2. National strategy for fight against corruption • Adopted by decision of National Assembly in December 2005 • Action Plan for its realization was adopted by Government in November 2006 • Implementation of strategy is currently in jurisdiction of Commission which was established by the Government and which neither works neither has secured means for its work • Future task of Anticorruption Agency

3. National Strategy • Contains description of state, identification of problems and possible solutions and provisions regarding its implementation • Problems are grouped in seven areas and given recommendations for their resolving • Obligations that has to be performed by exact state organs in determined deadline • Obligations that all state organs constantly need to fulfill

4. National Assembly obligations • Adopting of anticorruption laws in determined deadline • Election of officials of anticorruption institutions in determined deadline • Performing of supervisory role of National Assembly over other organs work • Establishing of proper anticorruption mechanisms and bringing of integrity plan • Changing of internal acts • Increasing of publicity of work and number of available information • Exact implementation of anticorruption regulations and other measures which has to be implemented by all state organs

5. National Assembly's work in past period and problems • Election of management, establishing of board and parliamentary groups • Disputes on agenda in extraordinary session • Obstruction and long breaks in work • Question of legality of deciding on agenda from extraordinary session in October 2008

6. Laws in procedure • Preposition of Law on Protection of Personal Data • Preposition of the Law on the Confirmation of the Additional protocol to the Convention for the protection of individuals with regard to automatic processing of personal data regarding supervisory authorities and transborder data flows • The Law on the seizure of assets derived from a criminal offense • The Law on the responsibility of legal persons for criminal offenses • The Law on the Confirmation of the Contract of Guarantee between the Republic of Serbia and the European Bank for Reconstruction and Development “Belgrade Highway and Bypass” • The Law on the Confirmation of the Contract of Guarantee between the Republic of Serbia and the European Investment Bank “Belgrade Bypass” • The Law on foreigners • The Law on the protection of the state border • The Law on the Confirmation of the Framework Contract of Loan concluded between the Republic of Serbia and the Council of Europe Development Bank • The Law on the Anti-Corruption Agency • The Law amending and modifying the Law on financing of political parties • The Law granting a debt guarantee by the Republic of Serbia to the German financial institution KWF for PC “Electroeconomy of Serbia” (Environmental protection measures in lignite-fired thermal power plants) • The Law amending and modifying the Law on Higher Education • The Proposals of the Decisions amending and modifying the Decision on the election of members of the Committees of the National Assembly

7. Adopting the law • There are several prepositions of the laws in the procedure of National Assembly which are significant for fight against corruption • Large part of the debate was dealing with other maters – in first 6 days of the debate there was 163 addressingwhich had something to do with the agenda and 230 addressingon other bases. • Joining of debate on bullets that are not associated – less time for debate and bringing of amendments • Accepting of some amendments of opposition is a positive signal from Government and ruling coalition

8. Adopting the laws – special problems • Tracking for solution of disputablearticles of the Law on Protection of Personal Data • Ignoring of National Initiative for bringing of two important laws (Law on Data Classification and the Law on amending and modifying Law on Free Access to Information)

9. Election of officials • ”... Parliament will elect deputies of Ombudsman in two months since the day of submitting of prepositions” •  First preposition is submitted on18.10. 2007, and complemented on03.12.2007. • Decision on election of deputy was brought on 07.10. 2008 • After resignation of member of Council of State Audit Institution it is necessary to perform election of new member

10. Performing of supervisory role • Relation towards Government – parliamentary questions, often direct addressing to ministers and demands for explanations • Non considering of reports of independent state organs and ignoring of problems to which they refer to • At session held on 25 September, members of the Finance Committee are introduced with the work of State Audit Institution for the period from September 27th till December 31st 2007. Members of the Committee reconsidered resignation of Ljiljana Dmitrovic – Saponja to the position of member of Council of State Audit Institution. President of Council of State Audit Institution Radoslav Sretenovic presented to members of the Committee Rules of Procedure, plan of work and Report on work of State Audit Institution, and vice president of Council Ljubica Nedeljkovic introduced Committee with preposition of Financial Plan for 2009.

11. Establishing of anticorruption mechanisms and bringing of integrity plan • Until now, National Assembly didn’t deal with performing of this obligation

12. Modifying of internal acts • Necessity for changes of Rules of Procedure • Regulating of proceeding by reports of independent organs • Regulating of matters regarding publicity of work of National Assembly • Regulating of matters regarding performing of supervision over Government and proceeding by citizens’ complaints • Bringing of the acts for more successful implementation of the Law on Free Access to Information of Public Importance

13. Increasing of publicity of work • Parliamentary broadcasts and internet website as main source of information • Answers by demands for Free Access to Information • Directory which is not updated

14. General remark • No important changes in performing of roles of National Assembly from National Anticorruption Strategy • It is necessary to perform systematic changes • In the absence of activity of other state organs, National Assembly can bring to progress with its independent work

15. About project • Project was supported by Institute for Sustainable Communities. • Opinions and attitudes stated doesn’t necessary represent opinions and attitudes of Institute for Sustainable Communities