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4 I.J.L.D.L.R. 38 (2015)
Challenges of the Legislative Reform in the Republic of Serbia

handle is hein.journals/intjadr3 and id is 42 raw text is: 




     CHALLENGES OF THE LEGISLATIVE REFORM IN THE
                          REPUBLIC OF SERBIA


Dragana Curcijal



Abstract

The strategic context and dynamics of the legislative process in Serbia is characterised
by the country's ambition to join the European Union (EU) and comply with EU
standards. Serbia was awarded the status of the EU candidate country on 1 March
2012 and began preparing for the start of accession negotiations. The intensive
legislative activities in Serbia, caused by the major reforms conducted since democratic
changes in 2000, have generated numerous regulations over the last fourteen years
reflecting introduction of market economy, development of democracy, improved
protection of human rights... Both affected by the European accession process on one
side and economic crises, on the other one, the regulatory process in Serbia is taking
place in an environment that is undergoing substantial change.

Intensive legislative activity in practice showed weaknesses of specific legislative
procedures which opened room for different interpretations, discrepant practices,
difficulties in the implementation of the legislation, all of which affect legal certainty. The
changed global environment (the economic crisis) and preparations for the EU
accession, call for continuing activities to improve the process of drafting regulations.
Regulatory policy reform needs to adjust and enforce appropriate regulatory measures
based on evidence based policy-one of key preconditions for implementability of the
regulation.

As the European accession process evolves, the focus will shift from checking the
formal alignment of national regulations with the acquiscommunautaire to assessing
their enforcement and compliance in practice, which may result in corresponding
sanctions. It is therefore necessary to ensure that there are adequate skills and
knowledge for developing quality regulations and, in particular, for their successful
implementation. Therefore, enforcing the efficiency of public administration is crucial in
the coming period.



1 Senior Project Manager at GIZ Legal and Judicial Reform Program in Serbia

© 2015, International Journal of Legislative Drafting and Law Reform and contributors  38

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