DRAFT LAWON THE PLANNING SYSTEM OF THE REPUBLIC OF SERBIAWorking version of June 10, 2016 |
Article 1
This Law shall regulate the planning system of the Republic of Serbia, i.e. policy system management and medium-term planning, the types and contents of the planning documents proposed, adopted and implemented by planning system participants in accordance with their respective mandates, and mutual consistency of planning documents.
Autonomous provinces’ planning documents shall be adopted by autonomous provinces’ competent authorities, in conformity with the statute and other legal instruments of the autonomous province concerned.
Meanings of Terms for the Purposes of this Law
Article 2
Certain terms used herein shall have the following meanings:
1) Planning system means a set of planning elements, comprising:
- planning documents;
- planning system participants;
- policy system management process;
- process of aligning the contents of planning documents with the contents of other planning documents and regulations;
- linking the policy adoption and implementation process with the medium-term planning process;
2) Planning document means a legal instrument whereby planning system participants set goals, establish policy priorities and/or plan measures and activities for achieving them, within their respective mandates and in connection with their functioning;
3) Policies means the courses of action of the Republic of Serbia and local government units, in specific areas, with a view to achieving the desired goals at the societal level;
4) Policy documents means planning documents whereby planning system participants set or elaborate policies in accordance with their respective mandates;
5) Policy system management means the process of planning policies, assessing impact, preparing and adopting planning documents, coordination, policy implementation, policy implementation monitoring, policy performance evaluation with a view to reviewing and improving them, policy improvement based on performance evaluation findings, and reporting on policy performance.
6) Policy coordination means the process whereby planning system participants referred to in para. 1, points 14 and 15 hereof steer the work pertaining to policy setting and implementation, with due attention given to mutual consistency of the policies adopted and implemented by them and their prioritisation;
7) Impact assessment means an analytical process conducted during the planning, formulation and adoption of policies and regulations with a view to better identification of the problems to be addressed, their causes and consequences and the choice of optimum measures to achieve policy goals (еx ante impact assessment), as well as during and after the implementation of adopted policies and regulations with a view to performance evaluation and policy review and improvement (еx post impact assessment);
8) Policy implementation monitoring means the collection of data during policy implementation, and/or of measures (instruments) for their implementation, and analysis thereof with a view to ascertaining whether the set goals are being achieved, whether the foreseen measures and activities are being implemented as planned and efficiently, or whether any changes are required;
9) Policy performance evaluation (еx post impact assessment) means the assessment of efficiency and effectiveness of a policy that is being or has been implemented and its performance on the basis of relevant data and analyses, as well as the assessment of implementation monitoring results;
10) Reporting on policy implementation and performance achieved means the provision of objective, complete, verifiable and timely information to stakeholders and target groups on the implementation of adopted planning documents and policy performance achieved;
11) Policy measure (instrument) means a set of key and related activities undertaken with a view to achieving an overall goal or specific objective, i.e. the desired policy performance;
12) Policy impact means long-term influence at the societal level in the area addressed by the policy concerned;
13) Performance indicators means quantitative and/or qualitative parameters defined with a view to monitoring the degree of achievement of overall policy goals or specific objectives, relative to the baseline values of those parameters.
Performance indicators may be: impact indicators (at the level of overall goals), outcome indicators (at the level of specific objectives) and output indicators (at the level of policy measures).
14) Planning system participants that set policies by adopting policy documents means the National Assembly, the Government and local government units’ assemblies;
15) Planning system participants that plan the development of policy documents, participate in their development, implement, monitor implementation, evaluate the performance of policies set by policy documents and report on their implementation means public authorities and local government units’ authorities and services;
16) Stakeholders means authorities and organisations, natural persons and legal entities and groups thereof who have an interest in policy measures;
17) Target groups means groups of natural persons and/or legal entities and/or stakeholders that are affected by policy measures;
18) Overall policy goal means a long-term goal that defines the desired change in the behaviour or conditions addressed by the policy concerned;
19) Specific policy objective means a medium-term objective whose achievement provides prerequisites for the achievement of an overall goal.
Other terms used herein which are defined in the law governing the budget system have the meanings defined by that law.
Policy System Management Principles
Article 3
In the policy system management process, in the development and implementation of planning documents, the following principles shall be observed:
1) the cost-effectiveness principle, which implies that, in selecting policy measures, care is taken to ensure that their benefits justify the costs incurred by them;
2) the fiscal sustainability principle, which implies that, in the development and implementation of planning documents, the established fiscal limitations on expenditures and outflows are observed and that the effects of policy implementation on growth and investments, revenues and proceeds, debt maintenance and servicing are taken into account;
3) the realism principle, which implies the appreciation of financial, economic, social, cultural, spatial, environmental, regional, administrative and other capacities and limitations in planning,
4) the relevance and reliability principle, which implies that the data used as the basis for planning, impact assessment and monitoring of the implementation of planning documents are collected from different relevant and reliable sources, and that appropriate analyses are conducted with a view to the assessment and evaluation of anticipated performance foreseen by the planning document;
5) the consistency and alignment principle, which implies mutual alignment of policies; consistency of planning documents in terms of form, contents and terminology; alignment of hierarchically lower planning documents with hierarchically higher ones; alignment of planning documents with commitments assumed in the European Union accession process; and alignment of regulations with adopted planning documents;
6) the planning continuity principle, which implies the cyclical character of the process of planning, implementation monitoring and performance evaluation, as well as the embeddedness of a new planning document in the preceding planning documents and performance evaluation findings;
7) the proportionality principle, which implies that the coverage and methods of policy impact assessments, both ex ante and ex post, are proportionate to the significance and scale of the impact being assessed;
8) the prevention and precaution principle, which implies that policies are set and implemented in such a manner as to prevent or minimise potential adverse impact;
9) the coordination and cooperation principle, which implies that planning appreciates the interests of other planning system participants, in particular the Government's priority goals, as well as local government units’ initiatives, needs and priority goals;
10) the transparency and partnership principle, which implies that policies are set in a transparent and consultative process, i.e. that the development and implementation of planning documents and policy performance evaluation involves a transparent process of consultation with all stakeholders and target groups, including associations and other civil society organisations, scientific, research and other organisations, and other stakeholders and target groups;
11) the integrality and sustainable growth and development principle, which implies that the development and implementation of planning documents takes into consideration the requirements of environmental protection, fight against and adaptation to climate change, prevention of over-exploitation of natural resources, increase of energy efficiency and use of renewable energy sources, reduction of greenhouse gas emissions, and fight against poverty.
1. Development Planning Documents
Types of Development Planning Documents
Article 4
Types of development planning documents shall comprise:
1) development plan;
2) investment plan;
3) local government units’ development plans, and
4) spatial plans.
The planning documents referred to in para. 1, point 4 of this Article are defined by the law governing spatial and urban planning.
Article 5
A development plan shall be hierarchically the highest long-term development planning document of the Republic of Serbia, covering a period of at least 10 years and adopted by the National Assembly.
A development plan shall contain the vision, long-term goals and key priority development goals of the Republic of Serbia.
A draft development plan shall be prepared by the public authority competent for policy coordination, in cooperation with other competent public authorities, and submitted to the Government for endorsement.
A development plan shall also set regional development policy, the key priority goals of regional development and modality of achieving them.
A development plan may also identify the Republic of Serbia’s international assistance needs.
In preparing a development plan, due attention shall be given to its consistency with the guidelines, goals and tasks stemming from international commitments assumed, as well as to the existing plans, including spatial plans and local government units’ development plans.
In preparing a development plan, an analysis of the Republic of Serbia's development potentials, international economic and social trends and the Republic of Serbia's prospects of using opportunities offered by those trends, in line with its development potentials, shall be conducted.
The implementation of a development plan shall be monitored by the Government through annual implementation reports which it shall adopt, and which shall be prepared by the public authority competent for policy coordination in cooperation with the public authorities competent for its implementation.
Upon expiry of every third calendar year from the adoption of a development plan, the public authority competent for policy coordination, in cooperation with other competent public authorities, shall prepare a report on the performance of development plan implementation and submit it to the Government for adoption.
After the adoption of the report referred to in para. 9 of this Article, the Government may ascertain the need to revise the development plan, or, if needed, to prepare draft amendments thereto. Amendments to the development plan shall be made according to the procedure foreseen for its adoption.
The Government shall submit the report referred to in para. 9 of this Article to the National Assembly for information purposes.
The Government shall publish the reports referred to in paras 8 and 9 of this Article on its website at the latest on the seventh working day following their adoption. The procedure for the preparation and detailed contents of a development plan shall be prescribed by the Government at the proposal of the public authority competent for policy coordination.
The proposal for the legal instrument referred to in para. 13 of this Article shall be prepared by the public authority competent for policy coordination in cooperation with the ministry competent for finance affairs.
Article 6
An investment plan shall be a development planning document covering a period of seven years and adopted by the Government, whereby public investments in areas of general interest are planned in accordance with the priority development goals set by the development plan.
An investment plan shall elaborate the development plan and priority development goals identified therein.
An investment plan shall provide the basis for the preparation of a medium-term expenditure framework and shall comprise all key public investment programmes and projects to be implemented in the planning period.
A draft investment plan shall be prepared by the ministry competent for finance affairs in cooperation with competent public authorities, and submitted to the Government for endorsement.
In preparing an investment plan, special attention shall be given to planning and implementing investments from the available European Union funds and other available international development assistance funds.
In preparing an investment plan, the existing plans, including spatial plans and local government units’ development plans, should be taken into account.
Upon expiry of each calendar year, the ministry competent for finance affairs, in cooperation with competent public authorities, shall prepare an annual report on investment plan implementation and submit it to the Government for adoption.
Upon expiry of every third calendar year from the adoption of the investment plan, the ministry competent for finance affairs, in cooperation with competent public authorities, shall prepare a report on the performance of investment plan implementation and submit it to the Government for adoption.
After the adoption of the report referred to in para. 8 of this Article, the Government may identify the need to revise the investment plan, or, if needed, to prepare draft amendments thereto. Amendments to the investment plan shall be made according to the procedure foreseen for its adoption.
The Government shall submit the report referred to in para. 8 of this Article to the National Assembly for information purposes.
The Government shall publish the reports referred to in paras 7 and 8 of this Article on its website at the latest on the seventh working day following their adoption.
The procedure for the preparation and detailed contents of an investment plan shall be prescribed by the Government at the proposal of the ministry competent for finance affairs.
The proposal for the legal instrument referred to in para. 12 of this Article shall be prepared by the ministry competent for finance affairs in cooperation with the public authority competent for policy coordination.
Local Government Units’ Development Plans
Article 7
A local government unit's development plan shall be a long-term development planning document covering a period of at least seven years and adopted by the local government unit's assembly at the proposal of the competent local executive authority.
A local government unit's development plan shall contain the vision, strategic goals, key priority development goals and a list and brief description of the planned measures, clustered under projects and programmes as the modality of achieving the key priority development goals.
At the end of each calendar year, the municipal or city council of the local government unit shall prepare an annual report on the implementation of its development plan, and upon expiry of every third calendar year from its adoption, it shall prepare a report on the performance of its development plan implementation, which shall be submitted to the local government unit's assembly for information purposes.
The municipal or city council of the local government unit shall publish the annual reports on the implementation of its development plan and the reports on the performance of its implementation on its website at the latest on the seventh working day following their adoption.
The procedure for the preparation and detailed contents of a local government unit's development plan shall be prescribed by the local government unit's assembly in conformity with the Government's regulation setting the mandatory elements to be contained by local government units’ development plans.
Local government units may also adopt other policy documents in conformity with this Law and the local government units’ statutes.
Article 8
Types of policy documents shall comprise:
1) strategy;
2) programme;
3) policy concept paper, and
4) action plan.
Article 9
A strategy shall be a key policy document setting, in an integrated manner, the strategic direction for action and policy in a specific area of planning and implementation of policies set by a Government regulation.
If a wide range of related activities are required to be undertaken over a longer period of time with a view to achieving long-term goals, a strategy may set an integrated strategic direction for action and policy in multiple related areas of planning and implementation of policies set by a Government regulation.
As a rule, a strategy shall be sector-specific.
A strategy shall cover a period of up to seven years, and the achievement of its goals shall be planned and monitored by means of an implementing action plan.
A strategy shall cease to be applicable upon expiry of the period for which it was adopted or upon adoption of a new strategy pertaining to the same area of policy planning and implementation, or multiple related areas.
Article 10
In terms of content coverage, a strategy may be:
1) sector-specific, if it sets policies for an entire area of planning and implementation of policies set by a Government regulation;
2) cross-sectoral, if it sets policies for multiple areas in their entirety, as set by a Government regulation.
In terms of territorial coverage, a strategy may be:
1) supranational, if it covers the territory or part of the territory of the Republic of Serbia and the territories or parts of territories of other countries;
2) national, if it covers the entire territory of the Republic of Serbia;
3) subnational, if it covers part of the territory of the Republic of Serbia, or an administratively linked whole in the territory of the Republic of Serbia, or territories which are not geographically or administratively linked, but a common strategy is adopted in respect of them, owing to specific shared features of those territories.
Article 11
A strategy shall contain the following elements:
1) vision;
2) overview and analysis of the current status, problems to be addressed, causal relations between problems, causes and consequences of those problems, including an assessment of the level of achievement of policy implementation goals in the policy planning and implementation area concerned on the basis of performance indicators in that area;
3) overall policy goals and specific objectives pursued, which are set by that strategy or another planning document in conformity with which it is adopted (development plan, policy concept paper etc.);
4) key performance indicators at the level of overall goals and specific objectives, which measure the efficiency and/or effectiveness of implementation of the policies set by that document;
5) identification and assessment of policy impact on citizens, businesses and the budget;
6) institutional framework and plan for monitoring, performance evaluation and reporting on measures implemented, goals achieved and performance of policies set or elaborated by the strategy, specifying the institution responsible for strategy implementation monitoring;
7) overview and brief description of the manner of contributing to the achievement of overall goals and specific objectives of the strategy or other planning document in conformity with which the strategy is adopted;
8) other elements prescribed by a Government bylaw.
A strategy shall have an overall goal and up to five specific objectives that contribute to the achievement of the overall goal.
Overall goals and specific objectives shall be specific, measurable, acceptable, realistic and time-bound.
Strategies referred to in Article 10, para. 2, point 1 may have contents and form different from those prescribed herein.
Article 12
For the purposes of this Law, a programme shall be a policy document of a narrower scope than a strategy which, as a rule, elaborates a specific objective of a planning document in conformity with which it is adopted (development plan, Government agenda, strategy, policy concept paper).
A programme shall constitute a cluster of related (compatible) projects and independent but closely linked measures managed and coordinated with a view to achieving goals that cannot be achieved by managing each of the individual programme elements (projects and programme activities).
A programme may also define a set of measures to provide an urgent solution to a problem or disturbance in society or the economy that may cause larger-scale adverse consequences unless they are addressed in a short time.
All measures and problems within a programme shall be linked by the common overall goal of the programme and shall contribute to its achievement.
A programme shall cover a period of up to three years, and the achievement of programme goals shall be planned and monitored by means of an implementing action plan.
A programme shall have up to three specific objectives that directly contribute to the achievement of the overall goal.
Article 13
A programme shall contain the same elements as a strategy, in particular elaborated measures to achieve a specific objective or objectives defined by or taken from the strategy or policy concept paper in conformity with which it is adopted.
Where a programme elaborates measures to provide an urgent solution to a problem or disturbance in society or the economy that may cause larger-scale adverse consequences unless they are addressed in a short time, the programme need not contain all the elements specified in the previous paragraph; instead, it shall contain elements to be prescribed by a Government bylaw.
Programmes as policy documents shall be contained in budget programmes under which the funds for their implementation are planned.
Notion of Policy Concept Paper
Article 14
A policy concept paper shall be a fundamental policy document whereby the principles and/or guidelines for the implementation of a system-wide reform in a specific area are adopted.
A policy concept paper may also provide guidelines for the adoption of a strategy or a programme.
As a rule, a policy concept paper shall be adopted where there are multiple mutually exclusive options (courses of action) for addressing a concrete problem, which may have a significant impact on different stakeholders and target groups, and also where there is a need to define policies which entail high implementation costs.
The adoption of a policy concept paper is mandatory where an ex ante impact assessment indicates the existence of mutually exclusive options in the consideration of courses of action, in particular if it is the case in planning or developing a strategy, programme or systemic law.
The decision on a concrete option is made by a policy concept paper.
Where a policy concept paper adopts a course of action in respect of a narrowly formulated problem, the policy concept paper shall entail the conduct of a detailed еx ante impact assessment.
Negotiating positions in the process of the negotiations on the Republic of Serbia's accession to the European Union shall be considered a special type of policy concept paper and shall be developed in conformity with the legal framework on conducting negotiations on the Republic of Serbia's accession to the European Union; hence, by derogation, they need not contain all the mandatory elements of policy concept papers prescribed by this Law and its implementing regulations adopted by the Government.
Significant policy impact on different stakeholders and target groups which requires the preparation of a policy concept paper shall be defined by a Government bylaw.
Article 15
A policy concept paper shall contain the following elements:
1) description of the problems to be addressed and causal relations between problems, causes and consequences of those problems;
2) overall policy goals and specific objectives to be achieved;
3) concepts/elaboration of possible clusters of policy measures that constitute mutually exclusive options for the achievement of the specific objectives of the policy concept paper;
4) results of the consultation process conducted and further impact assessments of the options considered on the basis of the consultations conducted;
5) proposal and rationale for the selected option and modality of its implementation, including an overview of possible measures proposed as the most appropriate modality of addressing the existing problems;
6) other elements prescribed by a Government bylaw.
Article 16
An action plan shall be a policy document of the highest level of detail, which elaborates a strategy or programme with a view to managing the implementation time frame of policy measures contributing to the achievement of specific objectives of the strategy or programme.
An action plan shall constitute an integral part of a strategy or programme and, as a rule, shall be adopted concurrently with those policy documents.
An action plan shall not be prepared for a programme which elaborates a specific objective of a strategy.
In the event of divergence from the rule stipulated by para. 2 of this Article, the strategy or programme shall set the time limit for action plan adoption, which may not exceed six months of the adoption of that strategy or programme.
An action plan shall be revised as needed, in line with the results of monitoring or ex post policy impact assessment, or amendments thereto shall be prepared if deemed necessary.
Action plan revision shall entail changes in individual elements of action plan contents, such as measures, activities, time frames and responsible implementing institutions.
An action plan shall, as a rule, cover the validity period of the strategy or programme elaborated by it.
By derogation from para. 6 of this Article, owing to planning needs, an action plan may cover a shorter period, but it may not be shorter than one year.
Article 17
An action plan shall contain the following elements:
1) overall goal and specific objectives taken from the strategy or programme elaborated by it;
2) projects, stand-alone measures and activities to achieve overall goals and specific objectives of the strategy or programme;
3) causal relations between measures and programmes, on the one hand, and overall goals and specific objectives whose achievement is supported by them;
4) partner institutions responsible for the implementation of projects, measures and activities, as well as the lead implementing institution responsible for monitoring the implementation of the strategy or programme elaborated by the action plan;
5) time frame for the completion of the foreseen projects, measures and activities;
6) funds required for the implementation of projects and measures;
7) performance indicators at the policy measure level and, as needed, at the activity level;
8) information on regulations to be adopted or amended to implement policy measures;
9) other elements prescribed by a Government bylaw.
The form of action plans shall be prescribed by a Government bylaw.
Article 18
A project shall be a time-limited undertaking by planning system participants, which constitutes a set of policy measures linked by a clearly specified common goal to be achieved or a problem to be addressed, budget and other resources for its implementation and management structure, and which contributes to the achievement of overall goals or specific objectives set by the planning document to which it pertains.
Overall project goals shall be the same as or stem from the specific objectives of the planning document whose implementation is to be supported by the planned project, while specific project objectives shall be defined at the outcome or output level.
At the proposal of the Minister of Finance, the Government shall prescribe the modality of and rules for project planning, proposing, funding and implementation monitoring.
Projects funded or co-funded from the available European Union funds and other international development assistance funds shall be subject to the rules applicable to those funds.
Article 19
In addition to policy documents, the National Assembly shall adopt Government agendas, and the Government shall adopt action plans for the implementation of Government agendas, annual Government work plans and national programmes for the adoption of the acquis.
In addition to policy documents, the planning system participants referred to in Article 2, para. 1, point 15 shall adopt other planning documents in conformity with the law, including medium-term plans in conformity with this Law.
Action Plan for the Implementation of Government Agenda
Article 20
The Government shall adopt an action plan for the implementation of Government agenda (hereinafter: Government action plan) whereby, in accordance with the agenda, it shall elaborate its priority goals, planning system participants’ measures clustered under Government priorities directly or indirectly supported by them, implementation time frames and anticipated results.
A Government action plan shall be adopted at the latest within three months of the day of Government election by the National Assembly and shall cover a period of four years, with the proviso that it shall be updated annually.
A Government action plan proposal, as well as proposals for amendments thereto, shall be prepared by the public authority competent for policy coordination, in cooperation with competent public authorities, and submitted to the Government for adoption.
The public authority competent for policy coordination shall issue preparation instructions and regulate in detail the structure and contents of Government action plans.
The Government shall publish Government action plans on its website at the latest on the seventh working day following their adoption.
Article 21
An annual Government work plan shall be prepared on the basis of direct budget beneficiaries’ medium-term plans and Government priority goals contained in the action plan for the implementation of Government agenda.
An annual Government work plan shall contain, in particular, an overview of normative activities required for the implementation of measures set by policies whose implementation is planned for the following budget year.
An annual Government work plan shall be prepared in such a manner as to ensure efficient, effective and timely planning and coordination of committee meetings and Government meetings. The Government shall adopt an annual work plan for the following calendar year at the latest by the end of December of the current year.
The Government shall publish annual Government work plans on its website at the latest on the seventh working day following their adoption.
Consistency of Planning Documents
Article 22
In preparing and adopting planning documents, due attention shall be given to their alignment with the Constitution, ratified international treaties, the law and commitments assumed in the EU integration process.
The development plan and spatial plan of the Republic of Serbia shall be mutually aligned.
In preparing all other planning documents, due attention shall be given to their alignment with the development plan, spatial plan of the Republic of Serbia, investment plan and other planning documents of higher or equal ranking.
In preparing a local government unit’s development plan, due attention shall be given to its consistency with the guidelines, goals and tasks stemming from the development plan, spatial plan of the Republic of Serbia and investment plan.
In preparing all other local government unit's planning documents, due attention shall be given to their alignment with the local government unit's development plans.
Planning documents shall be aligned by taking over the overall goals and specific objectives of higher-ranking planning documents and, where possible, time frames set for the achievement of those goals and objectives, so that a specific objective of a higher-ranking document becomes an overall goal of a lower-ranking document.
Article 23
Policy measures (instruments) may be:
1) regulatory measures, which implies setting standards and/or rules governing societal relations;
2) incentive measures, such as: fiscal measures (subsidies, taxes etc.) and other financial and non-financial measures;
3) information and awareness raising measures, such as information and awareness raising campaigns etc.;
4) institutional, management and organisational measures, which implies the establishment of new institutions and abolition of existing ones, changes in the organisational structure of specific entities, changes in the number and competencies of staff etc., and
5) supply of goods and provision of services by planning system participants, including public institutions (capital and infrastructure projects, investments etc.).
The Government shall regulate in detail public investment planning, contents, modality of preparation and assessment, terms and modality of funding, as well as implementation, monitoring and control of implementation, impact assessment and reporting on public investment implementation.
Requirement to Prepare and Adopt a Medium-Term Plan
Article 24
Medium-term plans shall be prepared and adopted by direct budget beneficiaries, including local government units.
Direct budget beneficiaries shall publish their medium-term plans on their websites within the time frame stipulated by a Government instrument.
At the proposal of the ministry competent for finance affairs, the Government may determine indirect budget beneficiaries that are required to prepare medium-term plans in conformity with this Law.
Article 25
A medium-term plan shall be a comprehensive planning document which covers a period of three years and facilitates linking policies to the medium-term expenditure framework.
On the basis of a medium-term plan, a competent authority or organisation required to prepare and adopt a medium-term plan shall manage internal work processes and implement policy measures within its mandate.
A competent authority or organisation required to prepare and adopt a medium-term plan shall prepare such plan on the basis of policy documents in force, taking into account priority Government goals, capacities and resources and changes in the actual situation relative to the time of adoption of those policy documents.
Article 26
A medium-term plan shall contain:
1) mission and vision;
2) overview of programmes, projects and measures to achieve the set goals for the entire validity period of the plan, linked to budget programmes, as well as programme activities and projects, under which the funds for their implementation are planned;
3) datum on causal relations between the programmes, projects and measures, on the one hand, and the priorities and goals of the Government agenda and other planning documents in force;
4) funds required for the implementation of policy measures set by programme-based budget elements (budget programmes, programme activities and projects) under which those fund are planned, including both funds required for unhindered implementation of existing policy measures and funds required for new measures;
5) detailed overview of the activities implemented under a specific measure for the first year of validity of the plan, as well as an indicative overview of activities for the second and third years;
6) indicators for monitoring performance and evaluating the achievement of goals set by policy documents and internal planning documents, with baseline values and annual target values for each year of the medium-term plan;
7) normative activity plan;
8) risks and prerequisites for the implementation of measures and activities;
9) other elements prescribed by a Government bylaw.
The overview of activities referred to in para. 1, point 5 of this Article shall constitute the planning system participant’s annual work plan.
The medium-term plan contents and mandatory elements, as well as the modality of submission, shall be regulated by the Government in detail.
2. Specific Features of Medium-Term Planning by Public Authorities
Medium-Term Planning in Accordance with the Budget Preparation Process
Article 27
Public authorities shall prepare medium-term plans in accordance with the budget preparation timetable and process and with the established programme-based budget elements (budget programmes, programme activities and projects), taking into account the limitations set by the medium-term expenditure framework.
Public authorities shall prepare medium-term plans in conformity with a bylaw to be adopted by the minister competent for finance affairs, using the template which constitutes an integral part of that bylaw.
Medium-term plans of public authorities which form part of ministries shall be included in the medium-term plans of those ministries.
Obtaining Opinions on Medium-Term Plans
Article 28
In the procedure for the adoption of medium-term plans by public authorities, an opinion on fiscal feasibility shall be provided by the ministry competent for finance affairs, and an opinion on the alignment of the plan with adopted policy documents and other relevant planning documents shall be provided by the public authority competent for policy coordination, in conformity with a regulation adopted by the Government.
Funds for the Implementation of New Measures
Article 29
Funds for the implementation of new policy measures shall be provided in conformity with the law governing the budget system, as follows:
1) from the unused funds allocated to a specific budget beneficiary for the implementation of other policy measures;
2) by reallocating funds from lower-priority policy measures;
3) from grants, European Union funds and other international development assistance funds;
4) pursuant to applications for change of appropriations, which are submitted to the ministry competent for finance affairs and consolidated at the Government level in the procedure for setting priority funding areas.
Prior to being included in medium-term plans, proposals for new measures pertaining to multiple direct budget beneficiaries shall be consolidated at the Government level.
Granted applications for change of appropriations referred to in para. 1, point 4 of this Article shall directly affect the setting of limitations for budget beneficiaries set by the medium-term expenditure plan.
IV POLICY SETTING AND IMPLEMENTATION PROCEDURE
Mandate for the Preparation of Policy Documents
Article 30
Policy document proposing entities shall prepare policy documents in accordance with and within their legal mandates.
Where a planning document includes goals and measures within the mandates of different proposing entities, the preparation of the planning document shall be coordinated and the planning document shall be proposed by the planning system participant whose mandate covers a predominant part of the goals and measures covered by the planning document.
Policy documents shall be prepared in accordance with the results of ex ante impact assessment and ex post impact assessment of policy documents and regulations in force in the area concerned.
Article 31
An initiative to amend, prepare and adopt a policy document may also be submitted to the competent authority by other authorities and organisations, as well as citizens, businesses, civic associations and other civil society organisations, science, research and other organisations in respect of which the policy concerned is implemented.
The initiative referred to in para. 1 of this Article shall contain a brief description of the problems to be addressed by preparing and adopting a policy document, causal relations between problems, causes and consequences of those problems, and goals to be achieved.
If the competent authority assesses that the initiative received is justified within the time limit prescribed by the law governing administrative proceedings, it shall publish the initiative received in its entirety on its website at the latest seven working days from the expiry of the time limit prescribed by the law governing administrative proceedings and shall provide timely information to the public on actions with respect to the initiative.
If the competent authority assesses that the initiative is not justified, it shall notify the proponent of the initiative of this assessment.
The initiative referred to in para. 1 of this Article may also be submitted to the Government or competent public authority, as appropriate, through the public authority competent for policy coordination, which shall process the initiative and, if it assesses that the initiative is justified, shall forward it to the competent public authority for further action, and shall notify the proponent of the action taken in respect of the initiative within the time limits referred to in para. 3 of this Article.
Requirement to Conduct Ex Ante Impact Assessment
Article 32
An ex ante impact assessment shall be conducted prior to taking a decision to prepare a policy document, and shall consist of the following steps:
1) assessing the current status, identifying and analysing the problems to be addressed by the implementation of policy measures and causal relations between problems, causes and consequences of those problems;
2) setting overall policy goals and specific objectives, as well as performance indicators on the basis of which the achievement of goals is to be measured;
3) identifying options - possible measures or clusters of measures to achieve goals;
4) assessing the impact of those options - possible measures or clusters of measures and risk in policy implementation;
5) selecting the optimum option or optimum combination of the options considered;
6) identifying resources for the implementation of policy measures, monitoring implementation and evaluating policy impact and, if needed, risks in policy implementation.
During ex ante policy impact assessment, policy document proposing entities shall conduct consultations with stakeholders and target groups and collect and process data.
The Government shall regulate in detail the scale, process and control of impact assessment during the preparation of policy documents and shall stipulate policy documents which do not require such assessment.
By derogation from para. 4 of this Article, with regard to public investments, the impact assessment of public investment measures shall be conducted in conformity with a specific regulation adopted by the Government.
Requirement to Announce the Launch of Work on a Policy Document
Article 33
Policy document proposing entities shall inform the public of the launch of preparation of a policy document by publishing a notice on their websites and/or the e-Government portal within seven working days of the launch.
Requirement to Present Impact Assessment Findings
Article 34
Policy document proposing entities shall present the findings and data on the scale and methods of conducted ex ante policy impact assessments within the policy documents themselves, in order that policy document adopting entities would have relevant data to make decisions on the matter and in order that the public would be informed about the reasons for adopting the documents concerned.
Policy document proposing entities shall publish the findings of conducted impact assessments on their websites and/or the e-Government portal, together with the policy document proposals, at the latest on the day of launching the public review.
Following the completion of the public review, policy document proposing entities shall update the findings of the conducted impact assessment on the basis of public review findings and amendments to the policy document proposal made by the day of its submission for adoption, and shall publish the updated version of that document at the latest on the seventh working day from the submission of the document for consideration and adoption by the competent authority.
Requirement to Conduct Consultations at All Stages of the Procedure
Article 35
Policy document proposing entities shall enable the participation of all stakeholders and target groups in the consultation process. Depending on the scope covered by the policy document, the consultation process shall include stakeholders and target groups from among citizens and businesses, civic or business associations and other civil society organisations, science, research, professional and other organisations, as well as representatives of public authorities, local authorities and other planning system participants that implement the policy concerned or in respect of which it is implemented.
If the policy documents concerned are related to the negotiations on the Republic of Serbia's accession to the European Union, consultations shall be conducted in conformity with the legal framework on conducting negotiations on the Republic of Serbia's accession to the European Union.
Policy document proposing entities shall consider the suggestions made by stakeholders and target groups during the consultations.
Policy document proposing entities shall inform consultation participants about the results of consultations conducted, in particular about the reasons for not including specific suggestions in the policy document.
Data on the consultation process conducted, consulted parties, consultation scale and methods, issues discussed during the consultations, objections, suggestions and comments taken into account and those not taken into account, as well as reasons for not accepting them, shall be presented by the policy document proposing entity within the policy document itself.
If an impact assessment is not conducted, data on the consultations conducted shall be enclosed with the policy document proposal, as a separate annex.
Policy document proposing entities shall publish data on the consultations conducted on their websites at the latest on the seventh working day following the closure of consultations.
Specific Features of the Conduct of Consultations by Public Authorities during the Preparation of Policy Documents
Article 36
Public authorities shall include stakeholders and target groups in the preparation of policy documents through different consultation methods, prescribed by a Government instrument, and may also include them in document drafting groups.
The public authority competent for policy coordination may propose to the public authority which is the proposing entity to include specific stakeholders and target groups in the policy document drafting group and/or to apply a specific consultation method.
The initiative to make the proposal referred to in para. 2 of this Article may be submitted to the public authority competent for policy coordination by any stakeholder or target group.
The proposing entity shall inform the Government about the results of alignment upon submission of the policy document proposal for consideration and adoption, as part of impact assessment findings.
The Government shall regulate in detail the consultation methods and modality of conducting them.
Article 37
Prior to the submission of a policy document proposal for consideration and adoption, the proposing entity shall conduct a public review and prepare a public review report.
The report referred to in para. 1 of this Article shall specify in particular what stakeholders and target groups participated in the public review, what suggestions were made during the public review, whether and how those suggestions were integrated into the policy document proposal and, if not, for what reasons this was not done.
The public review report shall be enclosed with the policy document proposal.
Policy document proposing entities shall publish public review reports on their websites and/or the e-Government portal at the latest on the seventh working day following the closure of the public review.
The Government shall regulate in detail the modality of conducting public reviews of policy documents, their duration and cases in which public reviews are not conducted, as well as the public review report template.
Control of the Conduct of Ex Ante Impact Assessment
Article 38
As part of a policy document proposal submitted to the Government for adoption, a public authority shall provide policy document impact assessment findings, as well as an opinion of the public authority competent for policy coordination on the completeness and quality of the conducted impact assessments, within the time frames set by the rules of procedure governing the Government's operation.
With a policy document proposal, a public authority shall also provide an assessment of financial impact on the budget and financial plans of statutory social insurance organisations, in conformity with the law governing the budget system.
By derogation from para. 1 of this Article, a public authority may submit a policy document proposal to the Government even without having conducted an impact assessment, with an appropriate justification, if it is of the view that such assessment is not necessary, and with an opinion of the public authority competent for policy coordination obtained beforehand.
Article 39
Policy documents at the national level shall, as a rule, be adopted by the National Assembly or Government, as appropriate, unless provided otherwise in specific cases by a specific law.
A policy document adopting entity which has adopted a policy document shall publish the document concerned on its website within seven working days of the adoption.
Article 40
Policies shall be implemented by implementing the measures and activities foreseen by policy documents and other planning documents.
Competent authorities or organisations shall elaborate in detail the measures and activities delegated to them from policy documents and other planning documents in their medium-term and financial plans.
Policy Implementation Monitoring and Performance Evaluation (Ex Post Policy Impact Assessment)
Article 41
The implementation of measures and activities shall be monitored in accordance with the mechanism set by the policy document or other planning document which is being monitored.
Specific measures and activities shall be monitored by means of quantitative and qualitative indicators for measuring policy performance defined by the policy document or accompanying action plan, or another planning document.
Competent authorities or organisations responsible for the implementation of policy measures shall evaluate policy performance, i.e. conduct ex-post policy impact assessment, by assessing policy relevance, efficiency, effectiveness and sustainability.
The policy performance ascertained shall constitute the basis for policy revision and further planning.
Policy implementation monitoring and performance evaluation shall be conducted taking into account data and information obtained from other competent authorities and organisations responsible for the implementation of policy measures or activities.
The public authority competent for policy coordination shall monitor the implementation of guidelines and achievement of goals and priority development goals foreseen by the development plan, investment plan and action plan for the implementation of Government agenda and shall report to the Government on the performance achieved.
Application by Analogy of the Requirement to Conduct Impact Assessment to Regulations
Article 42
In preparing regulations, public authorities shall conduct ex ante impact assessment, to which Article 32 hereof shall apply by analogy.
In preparing draft laws, public authorities shall present the impact assessment findings, to which Article 34 hereof shall apply by analogy.
Article 38 hereof shall apply by analogy to public authorities in preparing draft laws.
The Government shall prescribe in detail the modality of conducting regulatory impact assessment referred to in paras 1 to 3 hereof.
Reporting on the Implementation of Medium-Term Plans
Article 43
Public authorities shall submit medium-term plan implementation reports for the preceding fiscal year to the ministry competent for finance affairs and the public authority competent for policy coordination by 1 March of the current year.
The reports referred to in para. 1 of this Article shall include information and data on the results of implementation of individual policy documents in the reporting period, in particular on the implementation of measures or specific activities, within the time frames foreseen by those documents or their implementing action plans.
The contents of the reports referred to in para. 1 of this Article and the modality of submission shall be regulated by the Government in detail.
Reporting to the Government on Policy Document Implementation Results by Proposing Entities
Article 44
Where the policy document proposing entity is a public authority, that authority shall report to the Government through the public authority competent for policy coordination on the policy document implementation results and/or on the ex-post impact assessment of the policy set by the document concerned, as follows:
- for a strategy, upon expiry of every third calendar year from its adoption, as well as in a final report to be submitted at the latest six months from the expiry of its validity, or together with the policy document replacing the expiring document if it is submitted to the Government for adoption before the expiry of this time limit;
- for a programme, upon expiry of each calendar year from its adoption, as well as in a final report to be submitted at the latest six months from the expiry of its validity;
- for an action plan, upon expiry of each calendar year from its adoption, as well as in a final report to be submitted at the latest 60 days from the expiry of its implementation time frame, and
- for a policy concept paper, at the latest 60 days from the expiry of its implementation time frame.
If needed, and at the Government's request, public authorities shall report to the Government on policy document implementation results through the public authority competent for policy coordination even outside the time frames prescribed in para. 1 of this article.
If divergences from the time frames foreseen by an action plan are significant or if it is found that some of the measures and/or activities are not defined properly, the public authority concerned shall state and provide reasons for the divergences in the implementation of the document concerned.
The contents of the reports referred to in para. 1 of this Article and the modality of submission shall be regulated by the Government in detail.
At the Government’s request, the public authority competent for policy coordination shall evaluate the implementation of individual policy documents on the basis of the information and data collected from public authorities and other sources.
The public authority competent for policy coordination is authorised to report to the Government if specific policy documents are not being implemented or policy documents are mutually inconsistent.
Annual Report on the Results of Implementation of the Action Plan for the Implementation of Government Agenda
Article 45
An annual report on the results of implementation of the action plan for the implementation of Government agenda shall be a comprehensive report on the results of implementation of policies and priority Government goals.
Annual reports referred to in para. 1 of this Article shall be prepared by the public authority competent for policy coordination, on the basis of the reports submitted by public authorities on the implementation of the action plan for the implementation of Government agenda, policy document implementation reports referred to in Article 44 hereof, medium-term plan implementation reports referred to in Article 43 hereof, as well as data collected from other sources.
The public authority competent for policy coordination shall submit the annual report referred to in para. 1 of this Article for the preceding fiscal year to the Government for adoption at the latest by 1 April of the current year.
The Government shall publish annual reports on the results of implementation of the action plan for the implementation of Government agenda on its website at the latest on the seventh working day following their adoption.
Modality of Submission of Reports
Article 46
The reports referred to in Articles 43 to 45 hereof shall be submitted through the Planning, Monitoring and Reporting Information System.
Planning, Monitoring and Reporting Information System
Article 47
The Policy Planning, Monitoring, Coordination and Reporting Information System shall be the single national electronic system in which planning system participants shall enter the contents of their policy documents and medium-term plans.
The contents and modality of making entries and maintaining the Planning, Monitoring and Reporting Information System, as well as the digital document format in the system, shall be regulated by the Government in detail.
The information system referred to in para. 1 of this Article shall ensure a link between the contents of policies, medium-term plans of budget beneficiaries competent for policy implementation, their financial plans and the results achieved in terms of the defined performance indicators.
Statistical values of performance indicators shall also be monitored through the information system.
VI PLANNING DOCUMENTS IN THE EUROPEAN UNION ACCESSION PROCESS
Article 48
The planning documents prepared and adopted in the European Union accession process shall be prepared in the form, with the contents, according to the procedure and in the time frames foreseen by the European Commission methodological recommendations and/or Government methodological instructions, in accordance with the needs stemming from the accession process.
In the preparation of the documents referred to in para. 1 of this Article, due attention shall be given to the consistency of international commitments with the national priority development goals and the avoidance of duplication in setting policies in different planning documents.
Planning and programme documents pertaining to the use of European Union funds and development assistance funds shall be prepared in accordance with the policies and planning documents defined by this Law, according to special procedures and time frames defined by the foreign institution competent for the coordination of planning and programming those funds.
Article 49
If a specific law prescribes that a specific planning document is to be prepared, adopted or its implementation monitored according to a different procedure or that it is to have a different title, coverage or contents, whereby it diverges from the rules set by this Law and its implementing bylaws, then a derogation from these rules shall be made to the extent that it is necessary for the document concerned to conform to the specific law.
Article 50
At the proposal of the public authority competent for policy coordination, the Government of the Republic of Serbia shall prescribe in detail:
1) the policy management methodology, in particular the scale, process and control of impact assessment in preparing policy documents and regulations, including the modality of conducting consultations on and public reviews of policy documents; the types of policy instruments and the contents and form of policy documents adopted in the policy system management process in the Republic of Serbia; the form and contents of impact assessment reports, which include data on the consultations and public reviews conducted; the form and contents of statements on conformity with the opinion of the public authority competent for policy coordination; the policy documents and regulations which do not require impact assessments; the modality of reporting on the results of implementation of policies and regulations, as well as sectors within which the policy system is managed or medium-term planning performed (policy planning and implementation areas);
2) the procedure for the preparation of a development plan proposal and the mandatory elements to be contained by local government units’ development plans;
3) the contents and modality of making entries and maintaining the Planning, Monitoring and Reporting Information System, as well as the digital document format in the system.
At the proposal of the Minister of Finance, the Government of the Republic of Serbia shall prescribe in detail:
1) the procedure for the preparation and contents of an investment plan;
2) the methodology of medium-term planning; the form and contents of medium-term plans; the process of their preparation and adoption; the modality and time frame for their publication; their implementation, monitoring of implementation, evaluation and reporting on their implementation; the form and contents of medium-term implementation reports for the preceding fiscal year;
3) the modality of and rules for project planning, proposing, funding and implementation monitoring;
4) public investment planning, contents, modality of preparation and assessment, terms and modality of funding, as well as implementation, monitoring and control of implementation, impact assessment and reporting on public investment implementation.
The minister competent for finance affairs shall adopt instructions for the preparation of medium-term plans.
IХ TRANSITIONAL AND FINAL PROVISIONS
Requirement to Align Policy Documents in Force
Article 51
Policy documents in force shall be aligned with the provisions of this Law by 1 January 2018, with the exception of local government units’ policy documents in force, which shall be aligned with the provisions of this Law by 1 January 2021.
Time Limit for the Adoption of Implementing Bylaws
Article 52
The bylaws for the implementation of this Law shall be adopted within six months of the entry of this Law into force.
Deadlines for the Adoption of Planning and Other Documents in Conformity with This Law
Article 53
A development plan proposal shall be submitted by the Government to the National Assembly for consideration and adoption at the latest by 1 January 2019.
Local government units’ development plans shall be adopted by local government units’ assemblies at the latest by 1 January 2021.
Budget beneficiaries required to prepare medium-term plans shall commence the development of medium-term plans in conformity with this Law starting from medium-term plans for 2017, and reports referred to in Article 43 hereof - starting from 1 March 2018.
By derogation from para. 3 of this Article, local government units shall adopt medium-term plans starting from medium-term plans for 2021.
The reports referred to in Article 44 hereof shall be submitted from 1 January 2018 for the preceding year; until that time, the public authority competent for policy coordination shall prepare the reports referred to in Article 45 hereof on the basis of information and data obtained from public authorities and other sources.
Alignment of Other Laws and Regulations with This Law
Article 54
The laws and other regulations and the legal instruments governing the procedure for the adoption of laws, other regulations and legal instruments shall be aligned with the rules in this Law pertaining to the policy document adoption procedure, in particular where they concern public participation in that procedure, within two years of this Law becoming applicable.
Entry into Force and Applicability
Article 55
This Law shall enter into force on the eighth day following its publication in the Official Gazette of the Republic of Serbia, and shall become applicable upon expiry of six months from its entry into force.
The text of the regulation was taken from the website of the Republic Secretariat for Public Policy, www.rsjp.rs, the contents of which were published on December 15, 2016.