Chapter 15: Yugoslavia
Serbia

(continued)

MAPPING AND EVALUATION OF OPPORTUNITIES

International Decisionmaking

The committee for foreign affairs considers corresponding acts and gives opinions to the Assembly with regard to the committee approval for concluding international treaties (the Regulation of the Assembly of the Republic of Serbia, Article 52).

The form of public participation in international decisionmaking is the right to initiate a procedure for conducting negotiations and concluding international treaties that have the support of a number of large bodies and organizations. Among them are trade unions (Article 5) and associations of citizens (Article 6).

Access to information about an international agreement is granted after the conclusion of an international treaty when the act of ratification must be published within 30 days in the federal Official Gazette.

Preparation and Approval of National Laws and Regulations

The republic government may decide to organize a public debate on the draft of a law when it deems that this is necessary. Such is the case, mainly, with the system laws and important regulations. The term for a public debate may not be shorter than 20 days (Article 16 of the Regulations of Government of the Republic of Serbia).

A proposal for a law for the republic is considered by the government and authorized bodies. Scientists and experts may take part in the work of these bodies if they are invited (Regulations of the Assembly and of the Government of the Republic of Serbia).

In the preparation of laws and regulations, ministries must get the opinion of the Serbian Secretariat of Legislation about accordance with other laws and with the legal system overall. This Secretariat also publishes a draft of important laws and regulations. The public is informed about the activities of the Assembly, the government and their bodies through the media.

Preparation and Approval of Provincial and Local Rules and Regulations

According to the Regulations of the Assembly and of the Government of the autonomous province of Vojvodina, their work is accessible to public. Interested citizens may attend Assembly or body sessions and may have access to the government information and documentation. The approval for individual or collective attendance at the sessions is given by the secretary, in accordance with the president (i.e. by the body president). Eminent public figures, experts and representatives of some organizations and associations may be invited to participate in the sessions of the provincial government and bodies and may give proposals for resolving controversial issues when invited to do so.

The Provincial Assembly issues official communication and organizes press conferences, and journalists attend Assembly sessions and may have access to needed materials.

There are more opportunities for public participation in key decisionmaking processes on the local level than at higher levels, and some experts estimate that too much centralization is a limiting factor.

Article 6 of the federal constitution and Article 7 of the republic constitution guarantee the right of local self-government to administer a municipality as a territorial unit, but state and self-government spheres are now strongly separated on the local level.

The work of the municipal assemblies and their bodies is accessible to the public, and the transparency of their work may be limited or excluded only in cases established by the law. According to the Regulations of Novi Sad Municipal Assembly, for example, citizens may attend the assembly sessions in a number limited only to that which doesn't disturb the work and decided upon by the president according to the proposal of the secretary. The municipal assembly generally issues official communication, organizes news conferences and allows journalists to attend sessions and to report on proposals of enactment, minutes and conclusions. In addition, the city of Novi Sad has established a general information system, a commission and a service for information.

The right to propose local rules and regulations belongs to groups of at least 500 voters. The term to hold a public debate about the conventions of the citizens may not be shorter than 15 days. Municipal referenda are also possible.

The possibilities for passing provincial and local environmental rules and regulations are limited because environmental protection is uniformly regulated on the republic level. Still, some municipalities have undertaken local environmental measures. For example, the Novi Sad Assembly formed the council for environment protection and advancement as a work body of the executive office. The council's tasks include monitoring the environmental situation according to authorized expert organizations' data; proposing corresponding measures; consideration of six-month and annual environmental plans, of the proposals for financing the programs and of the financial report of the users; establishing proposals for proclaiming ecological educational institutions; and periodical reporting to the municipal assembly on activities.

Preparation and Approval of Territorial Plans

The enactment of these plans must be publicly advertised, in accordance with the Law on Planning and Arrangement of the Space and Settlements of 1995. Formulation of the plans are managed by authorized planner and are entrusted to expert organizations that fulfill conditions established by the law. The plans are controlled by expert commissions formed by the minister.

Public debate is the principal form of democratic influence. Drafts of spatial and urban plans are issued for public review, and at the same time expert debate is organized. These activities last 30 days at least, or for less revisions 15 days minimum. During the public review, interested individuals and NGOs have the right to comment in writing and to present their arguments before the commission.

The republic spatial plan is formulated by the government, which makes a report of public and expert debate, including all remarks and the government's own attitudes on them. In the public debate over the last republic spatial plan, the Society of Ecologists of Serbia, the Association for Protecting the Urban Heritage and Ambiance in Belgrade and the Ecological Movement of Novi Sad all participated.

In preparing territorial plans, officials are expected to take into special account environmental analysis, according to Article 29 of the Law on Planning and Arrangement of the Space and Settlements of 1995. Additionally, the spatial and environmental information system must be in accordance with each other, according to the Law on the Spatial Plan of the Republic of Serbia

The public debate on general urban plans must be organized in all local communities on the convention of citizens. Both the interest and the participation of the citizens in the process of passing detailed urban plans is much more active than in other analyzed cases.

EIA

According to competent NGO experts, there are no proper opportunities for involvement of owners, users and the local community in the EIA procedure. This opportunity for involvement is extremely important and is the basic intention of the European documents of this type.

Siting and Permitting

According to the rules of the general administrative procedure, citizens and NGOs have some participation rights only if they are affected parties and can prove a legal interest.

Management of Environmental Funds

In June 1994 the republic government ordered the founding of municipal environmental funds. Local authorities plan receipts and the expenses. There are minimal possibilities for the public to influence or control distribution of these funds or to found their own funds.