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The National Assembly of the Republic of Serbia Serbia AND INDEPENDENT BODIES SERBIA THE REPUBLIC OF OF ASSEMBLY NATIONAL NATIONAL ASSEMBLY OF THE REPUBLIC OF SERBIA AND INDEPENDENT BODIES 253 NATIONAL ASSEMBLY OF THE REPUBLIC OF SERBIA AND INDEPENDENT BODIES NATIONAL ASSEMBLY OF THE REPUBLIC OF SERBIA AND INDEPENDENT BODIES Materials from the Conference ”National Assembly of the Republic of Serbia and Independent Bodies” Belgrade, 26-27 November 2009 and an Overview of the Examples of International Practice Olivera PURIĆ UNDP Deputy Resident Representative a.i. Edited by Boris ČAMERNIK, Jelena MANIĆ and Biljana LEDENIČAN The following have participated: Velibor POPOVIĆ, Maja ŠTERNIĆ, Jelena MACURA MARINKOVIĆ Translated by: Novica PETROVIĆ Isidora VLASAK English text revised by: Charles ROBERTSON Design and layout Branislav STANKOVIĆ Copy editing Jasmina SELMANOVIĆ Printing Stylos, Novi Sad Number of copies 150 in English language and 350 in Serbian language For the publisher United Nations Development Programme, Country Office Serbia Internacionalnih brigada 69, 11000 Beograd, +381 11 2040400, www.undp.org.rs ISBN – 978-86-7728-125-0 The views expressed in this report are those of the authors and do not necessarily represent those of the United Nations and the United Nations Development Programme. Acknowledgement We would like to thank all those whose hard work has made this publication possible. We are particularly grateful for the guidance and support of the National Assembly of the Republic of Serbia, above all from the Cabinet of the Speaker and the Secretariat. A special debt of gratitude is owed to the representatives of the independent regulatory bodies; the Commissioner for Information of Public Importance and Personal Data Protection, the State Audit Institution, the Ombudsman of the Republic of Serbia and the Anti-corruption Agency. This publication is a follow-up to the conference which took place in November 2009, as part of the National Assembly and UNDP project, “Strengthening the Accountability of the Serbian Parliament”. We would like to thank everyone who spoke at the conference and gratefully aknowledge the kind contribution of all whose papers appear here. Our gratitude is also due to the World Bank Institute and OECD/SIGMA for permission to re-produce and translate their materials. 5 TABLE OF CONTENTS INTRODUCTION 9 I. THE BASIS FOR PARLIAMENTARY SCRUTINY 11 Introductory Speeches Speaker of the National Assembly, Prof. Slavica Đukić-Dejanović Ph.D., . .13 United Nations Resident Coordinator a.i., Dorit Nitzan . .15 Parliament as One of the Means of Executive Branch Oversight - Boris Čamernik . 18 Conclusions from the Conference . 23 II. RELATIONS BETWEEN PARLIAMENT AND INDEPENDENT BODIES 25 Preface . 27 The Oversight Work of the Storting (Norwegian Parliament) –Marianne Seip . 30 The Constitution and Regulatory Bodies (Independent Bodies) – An Attempt at Defining the Place and the Role of Regulatory Bodies in the Constitutional System - Vladan Petrov . 43 Examples of the Relations Between Parliamentary Committees and an Independent Body - Relations Between Supreme Audit Institutions and Parliamentary Committees, An Excerpt from the SIGMA Paper No. 33 . 55 III. PARLIAMENTARY SCRUTINY OVER THE EXECUTIVE BRANCH AND THE IMPORTANCE OF INDEPENDENT BODIES FOR ITS IMPLEMENTATION 83 Preface . 85 The National Assembly, Independent Bodies and the Fight Against Corruption in Serbia - Stevan Lilić . 89 The Parliament and Independent Bodies - Slaviša Orlović . 116 The Position of the Commissioner for Information of Public Importance - Rodoljub Šabić. 125 Ombudsman of Serbia – the Role and Function - Dejan Milenković . 133 Protection of Human Rights and Control of the Administration - Robert Sepi. 163 Annual Reports by the Ombudsman to the Parliament of the Republic of Slovenia - Jernej Rovšek . .168 Public Oversight Functions of the Office of Auditor General of Norway - Jørgen Kosmo. 173 The Structure and Organisation of the National Audit Office of the United Kingdom - William Burnett . .177 7 Experience of European Countries in the Sphere of Creation and Functioning of a Specialised Body Responsible for the Co-ordination of National Efforts in the Sphere of Combating and Prevention of Corruption - Drago Kos. 183 Anti-corruption Independent Bodies and the National Assembly - Nemanja Nenadić. 191 Examples of the Work of Anti-corruption Commissions / Agencies: "Anti-Corruption Commissions Panacea or Real Medicine to Fight Corruption?" - by John R. Heilbrunn -An Excerpt from World Bank Institute Working Paper. 206 ANNEXES 217 Conference Agenda. 218 Global Organization of Parliamentarians Against Corruption - GOPAC. 221 8 INTRODUCTION 1.1 Background and Context The presence of an effective parliamentary institution is strongly correlated with the existence of a viable democracy and an open society. Such institutions are critical to the establishment and consolidation of democracy because they empower ordinary people to participate in the poli- cies that shape their lives. Parliaments are fundamental to establishing the rule of law, protecting human rights, overseeing transparent governance processes, and ensuring national compliance with international obligations. United Nations Development Programme (UNDP) currently supports one in four parliaments globally. It does so primarily in recognition of the important role these institutions play in de- mocracy and development, but also because the existence of effective democratic oversight institutions is essential in the light of many donors shifting toward budget support as a vehicle for development assistance. Consequently, parliamentary development is an integral component of UNDP services in democratic governance, with activities aimed at enhancing the representa- tive, legislative or oversight capacity of parliamentary institutions in the governance process.1 In November 2009, the National Assembly of the Republic of Serbia, with support from the UNDP Project “Strengthening the Accountability of the Serbian Parliament”, organised an intern ational conference “National Assembly and Independent Bodies”. Its objectives were to enable the National Assembly and its Independent Bodies to share their experiences and discuss avenues for strengthening their relationships, with special emphasis on international experiences in this area. The Conference offered a unique opportunity for the National Assembly Committees and In- dependent Bodies, some in existence for some time and some newly established, to address directly the highly complex issues that are of critical importance to their present functioning and future cooperation. It was attended by the Speaker, Deputy Speakers, Secretary General and MPs; and the heads of the independent bodies along with esteemed guests from the Kingdom 1 UNDP Strategy Note, Parliamentary Development , May 2009 9 of Norway’s Parliament and Auditor General; the Commissioner for Information and Ombudsman of the Republic of Slovenia; the Head of GRECO; CEO of GOPAC; the UK Auditor’s Office representative and representatives of the Ministry of Justice and the Ministry of Finance of the Republic of Serbia. The Conference demonstrated how separate thematic workshops can be beneficial for all par- ties engaged in improving lines of communication and setting the groundwork for independent bodies, reporting to the National Assembly's committees. 1.2 The Publication This publication is a follow-up to the Conference, a record of the lessons learnt and opinions exchanged, but also a systematisation and extension of the data which, it is hoped, will enable comparative analyses. It is also intended to serve as a support to the National Assembly in drafting new Rules of Procedure, which incorporates the best model for the National Assembly, thus, strengthening its scrutiny function. The publication is organised in three sections that follow the structure of the Conference sessions. These sections present three dimensions of parliamentary scrutiny: I. Basis for Parliamentary Scrutiny; II. Relations between Parliament and Independent Bodies; and III. Parliamentary Scrutiny over the Executive Branch and the Importance of Independent Bodies for its Implementation. The Annexes contain GOPAC strategies for forming a National Chapter and the Conference Agenda. This publication sets out a vision of a reformed Parliament and advocates the adoption of more effective methods to hold the Government to account. Parliament's relationship with regulatory bodies and their role in parliamentary accountability has two dimensions. The first is the extent to which the regulators are accountable to Parliament, so that their internal administration and activity is scrutinised by politicians. The second is the extent to which Parliament uses the tech- nical investigations and evidence of these bodies as the basis on which to hold government to account. It is the second dimension that has the potential to make a real difference to par- liamentary scrutiny. The ‘extra-parliamentary’ scrutiny of the various regulatory or independent bodies has challenged the traditional role of Parliament, providing new forms and opportunity for proper scrutiny.2 2 Adapted from: Parliaments at the Apex: Parliamentary Scrutiny and Regolatory Bodies by the Hansard Society Commission on Parliamentary Scrutiny 10 I. THE BASIS FOR PARLIAMENTARY SCRUTINY 11 Introductory Speeches Prof. Slavica Đukić-Dejanović Ph.D. Speaker of the National Assembly of the Republic of Serbia Dear representatives of the Norwegian