Tuesday, 24 October 2023

31st Sitting of the Committee on Constitutional and Legislative Issues

At the sitting held on 24 October 2023, the members of the Committee on Constitutional and Legislative Issues considered in detail the bills on the agenda of the First Sitting of the Second Regular Session of the National Assembly of the Republic of Serbia in 2023.


Total of 186 amendments had been submitted to the Republic of Serbia 2024 Budget Bill, with its accompanying Proposal of the Decision to grant consent to the Republic Pension and Disability Insurance Fund 2024 Financial Plan, Proposal of the Decision to grant consent to the Republic Health Insurance Fund 2024 Financial Plan, Proposal of the Decision to grant consent to the Fund for Social Insurance of Military Insured 2024 Financial Plan and the Proposal of the Decision to grant consent to the National Employment Service 2024 Financial Plan.

The Committee found that nine amendments submitted to Article 1, two amendments submitted to Article 4 and six amendments submitted to Article 5 of the Bill do not comply with Article 28 of the Budget System Law, and that two amendments submitted to Article 1 and one amendment submitted to articles 5, 6 and 8 of the Bill do not comply with Article 44 of the Budget System Law. The Committee also found that one amendment submitted to Article 4 of the Bill does not comply with articles 28 and 44 of the Budget System Law. The rest were found to be compliant with the Constitution and legal system of the Republic of Serbia.

Of the 237 amendments submitted to the Bill on Public Information in the Media, the Committee found one submitted to Article 159 of the Bill not to comply with Article 196, paragraph 4 of the Constitution of the Republic of Serbia, while the rest were found to be compliant with the Constitution and legal system of the Republic of Serbia.

Of the 130 amendments submitted to the Bill on Electronic Media, the Committee found the amendment to Article 130 of the Bill not to comply with Article 196, paragraph 4 of the Constitution of the Republic of Serbia, while the amendment to Article 4 was rejected as incomplete in line with Article 161, paragraph 1 and Article 163, paragraph 2 of the National Assembly Rules of Procedure. The rest were found to be compliant with the Constitution and legal system of the Republic of Serbia.

The Committee found all four of the amendments submitted to the Bill amending and modifying the Law on State Survey and Cadastre to be compliant with the Constitution and legal system of the Republic of Serbia.

The Committee also found all 14 of the amendments submitted to the Bill amending and modifying the Law on the Registration Procedure with the Cadastre of Real Estate and Utilities to be compliant with the Constitution and legal system of the Republic of Serbia.

The Committee found all three of the amendments submitted to the Bill amending and modifying the Budget System Law to be compliant with the Constitution and legal system of the Republic of Serbia.

Of the 101 amendments submitted to the Bill on Special Procedures for the Realisation of International Specialised Exhibition EXPO BELGRADE 2027, the Committee found four submitted to Article 18 of the Bill not to comply with Article 196, paragraph 4 of the Constitution of the Republic of Serbia, while the rest were found to be compliant with the Constitution and legal system of the Republic of Serbia.

The Committee found the one amendment submitted to the Bill amending the Law on Taxes for the Use, Possession and Carrying of Goods to be compliant with the Constitution and legal system of the Republic of Serbia.

Of the 16 amendments submitted to the Bill amending and modifying the Law on Electronic Invoicing, the Committee Article 11 of the Bill not to comply with Article 196, paragraph 4 of the Constitution of the Republic of Serbia, while the rest of the amendments were found to be compliant with the Constitution and legal system of the Republic of Serbia.

The Committee found all four of the amendments submitted to the Bill amending and modifying the Law on Republic Administrative Fees to be compliant with the Constitution and legal system of the Republic of Serbia.

Of the five amendments submitted to the Bill amending the Law on Public Service Media, the Committee found two amendments submitted to Article 2 of the Bill not to comply with Article 196, paragraph 4 of the Constitution of the Republic of Serbia, while the rest were found to be compliant with the Constitution and legal system of the Republic of Serbia.

Of the four amendments submitted to the Bill amending the Law on Temporary Regulation of Payment of Fees for the Public Service Media, the Committee found two amendments submitted to Article 2 of the Bill not to comply with Article 196, paragraph 4 of the Constitution of the Republic of Serbia, while the rest were found to be compliant with the Constitution and legal system of the Republic of Serbia.

The Committee found all seven of the amendments submitted to the Bill amending and modifying the Health Insurance Law to be compliant with the Constitution and legal system of the Republic of Serbia.

The Committee also found all 17 of the amendments submitted to the Bill on Healthcare Documentation and Medical Records to be compliant with the Constitution and legal system of the Republic of Serbia.

All 15 of the amendments submitted to the Bill amending and modifying the Law on Incentives in Agriculture and Rural Development were also found to be compliant with the Constitution and legal system of the Republic of Serbia.

Of the 33 amendments submitted to the Bill amending and modifying the Law on Public Procurement, the Committee found one amendment submitted to Article 23 of the Bill not to comply with Article 196, paragraph 4 of the Constitution of the Republic of Serbia, while the rest were found to be compliant with the Constitution and legal system of the Republic of Serbia.

The Committee found three of the amendments submitted to the Bill amending and modifying the Law on the Constitutional Court to be compliant with the Constitution and legal system of the Republic of Serbia, while one amendment submitted to Article 1 of the Bill did not to comply with Article 172, paragraph 1 of the Constitution of the Republic of Serbia

The Committee also found all eight of the amendments submitted to the Bill amending and modifying the Law on the Protection of the Right to a Trial within a Reasonable Time to be compliant with the Constitution and legal system of the Republic of Serbia.

Of the 50 amendments submitted to the Bill amending and modifying the Law on the Fundamentals of the Education System, the Committee found only one, submitted to Article 40 of the Bill not to comply with Article 196, paragraph 4 of the Constitution of the Republic of Serbia.

Of the 22 amendments submitted to the Bill amending and modifying the Law on Textbooks, the Committee found one amendment submitted to Article 16 of the Bill not to comply with Article 196, paragraph 4 of the Constitution of the Republic of Serbia, while the rest were found to be compliant with the Constitution and legal system of the Republic of Serbia.

Of the 31 amendments submitted to the, the Committee found only one, submitted to Article 25 of the Bill not to comply with Article 196, paragraph 4 of the Constitution of the Republic of Serbia.

Of the 16 amendments submitted to the Bill amending and modifying the Law on Primary Education and Upbringing, the Committee found one amendment submitted to Article 10 of the Bill not to comply with Article 196, paragraph 4 of the Constitution of the Republic of Serbia, while the rest were found to be compliant with the Constitution and legal system of the Republic of Serbia.

The Committee found all 100 of the amendments submitted to the Bill amending and modifying the Law on the Fees for the Use of Public Goods to be compliant with the Constitution and legal system of the Republic of Serbia.

The Committee found the one amendment submitted to the Bill amending and modifying the Law on Employees in Autonomous Provinces and Local Self-Government Units to be compliant with the Constitution and legal system of the Republic of Serbia.

The Committee found all five of the amendments submitted to the Bill on Granting the Guarantee of the Republic of Serbia in favour of KfW, Frankfurt Am Main for the Borrowing of Elektroprivreda Srbije (EPS) joint-stock company, Belgrade (Acceleration Program for Renewable Energies in Serbia (APRES), Phase I) to be compliant with the Constitution and legal system of the Republic of Serbia.

Of the six amendments submitted to the Bill on the indebtedness of the Republic of Serbia with NLB KOMERCIJALNA BANKA AS BEOGRAD for the financing of the Kragujevac Roundabout Construction Project, the Committee found one amendment submitted to Article 3 of the Bill not to comply with Article 196, paragraph 4 of the Constitution of the Republic of Serbia, while the rest were found to be compliant with the Constitution and legal system of the Republic of Serbia.

Of the 24 amendments submitted to the Bill on the indebtedness of the Republic of Serbia with Postal Savings Bank, joint-stock company, Belgrade for the financing of the Line Infrastructure Construction Project for the Development of a New Area within the Construction on the National Football Stadium with Accompanying Facilities on the Territory of the City Municipality of Surcin in Belgrade, the Committee found three not to comply with Article 196, paragraph 4 of the Constitution of the Republic of Serbia, and rejected as incomplete the amendments submitted to articles 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of the Bill, in line with Article 161, paragraph 1 and Article 163, paragraph 2 of the National Assembly Rules of Procedure. The rest were found to be compliant with the Constitution and legal system of the Republic of Serbia.

Of the 18 amendments submitted to the Bill on the indebtedness of the Republic of Serbia with UniCredit Banka Srbija a.d. Beograd for the financing of the Line Infrastructure Construction Project for the Development of a New Area within the Construction on the National Football Stadium with Accompanying Facilities on the Territory of the City Municipality of Surcin in Belgrade, the Committee rejected as incomplete the amendments submitted to articles 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of the Bill, in line with Article 161, paragraph 1 and Article 163, paragraph 2 of the National Assembly Rules of Procedure. The rest were found to be compliant with the Constitution and legal system of the Republic of Serbia.

The Committee found all four of the amendments submitted to the Bill Granting Guarantee by the Republic of Serbia in favour of Postal Savings Bank, joint-stock company, Belgrade under the debt of “Serbia Cargo” Railway Cargo Transport joint-stock company, Belgrade to be compliant with the Constitution and legal system of the Republic of Serbia.

The Committee also found all three of the amendments submitted to the Bill on the Confirmation of the Financial Protocol between the Government of the Republic of Serbia and the Government of the Republic of France on Cooperation in the Field of Financing the Introduction of General Automation of the Power Distribution Network Management in the Republic of Serbia to be compliant with the Constitution and legal system of the Republic of Serbia.

The Committee found all four of the amendments submitted to the Bill on the Confirmation of the Loan Agreement (Serbian Climate Resilience and Irrigation Programme – Phase I and II) between the Republic of Serbia and European Bank for Reconstruction and Development, Operation Number 50848 and 53169 to be compliant with the Constitution and legal system of the Republic of Serbia.

The Committee found all three of the amendments submitted to the Bill on the Confirmation of the Guarantee Agreement (Srbija Voz Regional Depots) between the Republic of Serbia and European Bank for Reconstruction and Development to be compliant with the Constitution and legal system of the Republic of Serbia.

The Committee also found all three of the amendments submitted to the Bill on the Confirmation of the up to €700,000,000 MIGA Facility Agreement between the Republic of Serbia represented by the Government of the Republic of Serbia acting by and through the Ministry of Finance as Borrower and J.P. Morgan SE as Agent and JPMorgan Chase Bank, N.A., London Branch as Initial Mandated Lead Arranger and Banco Santander, S.A. New York Branch, Crédit Agricole Corporate and Investment Bank and ING Bank, a branch of ING-DiBa AG as Mandated Lead Arrangers and Certain Other Financial Institutions as Original Lenders relating to a senior unsecured term loan facility to finance the provision of certain construction services by Bechtel Enka UK Limited, operating in Serbia through Bechtel Enka UK Limited Belgrade Branch to Koridori Srbije d.o.o. Beograd in relation to the construction of the Infrastructure Corridor E-761 highway section Pojate-Preljina (the Morava Corridor) to be compliant with the Constitution and legal system of the Republic of Serbia.

The Committee found all three of the amendments submitted to the Bill on the Confirmation of the Framework Loan Agreement LD 2147 (2023) between the Council of Europe Development Bank and the Republic of Serbia - BIO4 Campus Project Loan to be compliant with the Constitution and legal system of the Republic of Serbia.

The Committee also found all three of the amendments submitted to the Bill on the Confirmation of the Framework Agreement N°CRS1025 on Credit Facilities for the financing of the Serbia Green Agenda Programmatic Development Policy Operation Dated as of 26 June 2023 between Agence Française de Developpement as the Lender and the Republic of Serbia as the Borrower to be compliant with the Constitution and legal system of the Republic of Serbia.

The Committee found all three of the amendments submitted to the Bill on the Confirmation of the First Credit Specific Agreement N°CRS1025 01 D for the financing of the Serbia Green Agenda Programmatic Development Policy Operation between the Republic of Serbia and Agence Française de Developpement to be compliant with the Constitution and legal system of the Republic of Serbia.

The Committee also found all three of the amendments submitted to the Bill on the Confirmation of the Credit Facility Agreement N°CRS1033 01 C between Agence Française de Developpement as the Lender and the Republic of Serbia as the Borrower to be compliant with the Constitution and legal system of the Republic of Serbia.

The sitting was chaired by Committee Chairperson Jelena Zaric Kovacevic, and attended by the following Committee members and deputy members: Dr Ugljesa Mrdic, Dr Zika Bujuklic, Jelena Milivojevic, Marija Todorovic, Zoran Tomic, Ratko Nikolic, Ljubomir Maric, Milica Nikolic, Sanja Jefic Brankovic and Pavle Grbovic.


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