Monday, 22 October 2001

The Second Sitting of the Second Regular Session of the National Assembly of the Republic of Serbia in 2001

The President of the National Assembly of the Republic of Serbia Dragan Marsicanin convened the Second Sitting of the Second Regular Session of the National Assembly for October 22, 2001. At the beginning of the sitting, the National Assembly noted that Aleksandar Pravdic had tendered his resignation of the office of Deputy Prime Minister of the Government of the Republic of Serbia, while Obren Joksimovic tendered his resignation of the office of Minister of Health and Environmental Protection in the Government of the Republic of Serbia.


The President of the National Assembly of the Republic of Serbia Dragan Marsicanin convened the Second Sitting of the Second Regular Session of the National Assembly for October 22, 2001.

At the beginning of the sitting, the National Assembly noted that Aleksandar Pravdic had tendered his resignation of the office of Deputy Prime Minister of the Government of the Republic of Serbia, while Obren Joksimovic tendered his resignation of the office of Minister of Health and Environmental Protection in the Government of the Republic of Serbia.

After a proposal had been made by the Committee on Justice and Administration, proposals of Decisions on the Relief of Duty and Termination of Office of Justices and President of the Constitutional Court of the Republic of Serbia, Judges and Public Prosecutors were added to the agenda under urgent procedure. The proposed agenda was also widened to include the Proposal of the Decision on Electing Members of National Assembly Committees, submitted by Deputy Dejan Mihajlov, president of the DOS - Vojislav Kostunica PhD - Democratic Party of Serbia Deputies' Group. Also accepted was Deputy Mihajlov's proposal that a joint initial debate should be held on draft Acts on the Ordering of Courts, on Judges, on the High Judicial Council, on the Public Prosecutor's Office and on Seats and Areas of Jurisdiction of Courts and Public Prosecutors' Offices.

The following proposals were not accepted: a proposal made by the Government of the Republic of Serbia that a draft Act Modifying the Act on the Establishment of a Public Enterprise for Research, Production, Processing and Trade in Oil and Natural Gas should be added to the agenda under urgent procedure; a proposal made by Deputy Tomislav Nikolic that the Assembly should at that Sitting consider, under urgent procedure, the Proposal of a Decision Repealing the Decision on Modifying and Amending the Rules of Procedure of the National Assembly of the Republic of Serbia; a proposal made by Deputy Branislav Ivkovic PhD that the draft Labour Act should be withdrawn from the agenda; and a proposal made by Deputy Marijan Risticevic that the Proposal of a Decision on the Forming of a Board of Inquiry of the National Assembly to Assess the State of Manufacturing of and Trade in Tobacco and Tobacco Products should also be withdrawn from the agenda. The following proposals to widen the agenda, all made by Deputy Branislav Ivkovic PhD, were also rejected: a Proposal of an Act Repealing the Decision of the Government of the Republic of Serbia No. 713-6483/01 dated June 28, 2001, and a Proposal of the Decision on Forming a Board of Inquiry of the National Assembly of the Republic of Serbia to Assess Facts and Circumstances in Connection with the Arrest, Kidnapping and Delivery to the Hague Tribunal of the President of the Socialist Party of Serbia Slobodan Milosevic.

The draft Act on Modifying and Amending the Penal Code of the Republic of Serbia was withdrawn from the proposed agenda, after a proposal to that effect had been made by the Government of the Republic of Serbia.

The Administrative Committee prepared, during a recess in the Sitting, a final version of the adopted agenda and put forward its opinion regarding the application of Article 89, Paragraph 1, Line 5, as well as Article 91, Paragraph 2 of the Rules of Procedure of the National Assembly of the Republic of Serbia. These provisions should be applied so that two groups of speakers are formed, one of Deputies in favour of a motion and one of Deputies opposing the motion, and that Deputies from both groups should be given the floor in turns, with respect to Article 91. When the list of speakers from both groups is exhausted, the floor will be given in turns according to the size of a Deputies' Group, and when this list is exhausted as well, the floor will be given to remaining Deputies according to the order in which they applied. The National Assembly adopted this interpretation.

Therefore, the National Assembly adopted the following agenda:

1. Draft Act Modifying and Amending the Act on Performing the Census of Population, Households and Apartments in the Republic of Serbia in 2001, proposed by the Government of the Republic of Serbia;

2. Draft Act Modifying and Amending the Act on Court Fees, made by the Government of the Republic of Serbia;

3. Draft Act on the Ordering of Courts, proposed by Deputy Dejan Mihajlov;

4. Draft Act on Judges, proposed by Deputy Dejan Mihajlov;

5. Draft Act on the High Judicial Council, proposed by Deputy Dejan Mihajlov;

6. Draft Act on the Public Prosecutor's Office, proposed by Deputy Dejan Mihajlov;

7. Draft Act on the Seats and Areas of Jurisdiction of Courts and Public Prosecutors' Offices, proposed by Deputy Dejan Mihajlov;

8. Draft Act on the Agency for the Development of Small and Medium-Sized Enterprises, proposed by the Government of the Republic of Serbia;

9. Draft Act on Chambers of Commerce, proposed by a group of eight Deputies;

10. Draft Act Modifying and Amending the Act on Road Transportation, proposed by the Government of the Republic of Serbia;

11. Draft Labour Act, proposed by the Government of the Republic of Serbia.

12. Proposal of a Decision on Forming a Board of Inquiry of the National Assembly of the Republic of Serbia to Assess the State of Manufacturing of and Trade in Tobacco and Tobacco Products, made by a group of 40 Deputies from the DOS - Vojislav Kostunica PhD - Democratic Party of Serbia Deputies' Group;

13. Proposals of Decisions on the Relief of Duty and Termination of Office of Justices and President of the Constitutional Court of Serbia, Judges and Public Prosecutors, made by the Committee on Justice and Administration.

14. Proposal of a Decision Modifying and Amending the Decision on Electing Members of Committees of the National Assembly of the Republic of Serbia, made by Deputy Dejan Mihajlov, President of the DOS - Vojislav Kostunica PhD - Democratic Party of Serbia Deputies' Group.

During the afternoon of its first day in session, the Deputies adopted in principle the draft Act on Performing the Census of Population, Households and Apartments in the Republic of Serbia in 2001, and in the morning of the second day (October 24) the draft Act was adopted as a whole.
The Assembly continues its sitting.

CONTINUATION OF THE SECOND SITTING OF THE SECOND REGULAR SESSION OF THE NATIONAL ASSEMBLY OF THE REPUBLIC OF SERBIA (October 24, 2001)

The President of the Assembly Dragan Marsicanin informed the Deputies of the meeting held on the previous day between himself, the Deputy Chairmen of the Assembly and the Presidents of Deputies’ Groups, except the Deputies’ Group of the Serbian Radical Party, which was also attended by representatives of trade unions. The meeting resulted in the agreement that separate meetings should be arranged on October 25 in the Assembly building between representatives of individual Deputies’ Groups and trade unions in order to consider proposed solutions and amendments to the draft Labour Act, as well as trade unions’ remarks and suggestions. The National Assembly accepted this proposal.

The National Assembly went on to begin debate in principle on the draft Act Modifying and Amending the Act on Court Fees, which was then interrupted after the Government of the Republic of Serbia informed the Assembly in writing that it was withdrawing the draft Act until a new Act on the organisation and work of courts is passed.

As the Government of the Republic of Serbia and the Committees of the Assembly had not forwarded their opinions regarding draft legislation that should have been discussed according to the agenda, the National Assembly interrupted its Sitting.

THE SITTING CONTINUED ON OCTOBER 30

The Assembly continued its work in the afternoon of the third day of the sitting (October 30) with a joint debate in principle on a package of judicial Acts proposed by Deputy Dejan Mihajlov. The package consists of draft Acts on the Ordering of Courts, on Judges, on the High Judicial Council, on the Public Prosecutor's Office, and on the Seats and Areas of Jurisdiction of Courts and Public Prosecutors' Offices. The National Assembly decided to hold the debate in principle for ten hours, instead of the five hours specified in the Rules of Procedure.

The initial debate was held in the proposed way, and was concluded in the morning of the fourth day of the National Assembly's sitting (October 31), when the following Draft Acts were adopted in principle: the Draft Act on the Ordering of Courts, the Draft Act on Judges, the Draft Act on the High Judicial Council, the Draft Act on the Public Prosecutor's Office and the Draft Act on the Seats and Areas of Jurisdiction of Courts and Public Prosecutor's Offices.

As the Assembly had not been forwarded the opinions of the Government of the Republic of Serbia regarding amendments made by the Committee on Justice and Administration to certain Articles of these Draft Acts, the National Assembly went into recess and set a deadline for the Government to forward the opinions by Monday (November 5) at 8 a.m.

THE SITTING CONTINUED ON 5 NOVEMBER 2001

The National Assembly of the Republic of Serbia began to debate in detail, as well as consider amendments to, the draft Act on the Ordering of Courts on the fifth day of its work, 5 November.

The sitting was chaired by the Speaker of the National Assembly Dragan Maršicanin.

The Minister of Justice and Local Self-Government Vladan Batic, acting as representative of the Government of the Republic of Serbia, accepted the amendments submitted by the Committee on Justice and Administration to the proposed draft Acts on judicial matters.

During the morning part of the sitting, the Deputies voted on each amendment separately and adopted the draft Act on the Ordering of Courts as a whole.

When the sitting continued, a debate in principle was held on the draft Act on Judges. The debate continued on the next day (6 November), and the morning part of the sitting saw the adoption of the draft Act on Judges as a whole, after which the Assembly began to debate the draft Act on the High Judicial Council in detail and consider amendments to it.

Near the end of the day's work, the National Assembly adopted the draft Act as a whole and began to debate in detail and consider amendments to the draft Act on Public Prosecutors' Offices.

The Deputies were informed that a new Deputies' Group, the DOS - League of Social-Democrats of Vojvodina – League for Šumadija Deputies' Group, had been formed. Its President is Deputy Bojan Kostreš, and Vice-President Branislav Kovacevic.

On the seventh day of the sitting (7 November), the National Assembly of the Republic of Serbia debated in detail and considered amendments to the draft Act on Public Prosecutors' Offices and the draft Act on the Seats of Courts and Public Prosecutors' Offices.

The afternoon part of the sitting saw the passing of these two draft Acts, which completed the adoption of a package of laws bringing order to the judiciary.

When the sitting continued, on the next day (8 November) the National Assembly began to debate in principle the draft Act on the Agency for the Development of Small and Medium-Sized Enterprises.

Before the debate commenced, the Deputies were acquainted with the proposed provisions of this Act by the Minister for the Economy and Privatisation Aleksandar Vlahovic (as representative of the Government of the Republic of Serbia, which proposed the draft Act).

The debate in principle was abandoned due to there not being a quorum.

THE SITTING CONTINUED ON 19 NOVEMBER

When the Second Sitting of the Second Regular Session resumed, the National Assembly of the Republic of Serbia, on its ninth day of work, continued to debate in principle the draft Act on the Agency for the Development of Small and Medium-Sized Enterprises.

Before the debate began, the National Assembly noted that the mandate of Deputy Mihajlo Markovic, elected on the DOS - Vojislav Koštunica electoral list, had terminated before the expiry of his term of office. The mandate is held to be terminated on the day that he tendered his resignation.

After adopting the draft Act in principle, the National Assembly held a debate on the particulars of, and voted on amendments to, the draft Act. At the end of the day's work the Assembly adopted the draft Act on the Agency for the Development of Small and Medium-Sized Enterprises as a whole.

On the tenth day of the sitting (20 November) the Deputies began a debate in principle on the draft Act on Chambers of Commerce, submitted by a group of eight Deputies.

On the eleventh day of work (21 November), the Deputies continued to debate the draft Act on Chambers of Commerce. After considering and adopting the Act in principle, the Deputies debated the particulars of the draft Act and finally adopted it as a whole.

On the twelfth day of work (22 November) the National Assembly of the Republic of Serbia began to debate the draft Act on Modifying and Amending the Act on Road Transportation, submitted by the Government of the Republic of Serbia.

At the start of the debate, the Minister of Transportation and Telecommunications, Mrs Marija Rašeta Vukosavljevic held a preliminary exposé on the draft Act.

After the debate in principle, in the afternoon the National Assembly adopted the draft Act in principle, and after a shorter debate on the particulars the sitting was adjourned for lack of quorum.

The sitting continued on 26 November 2001

On its thirteenth day of work, the National Assembly of the Republic of Serbia continued the debate on the particulars of the draft Act on Modifying and Amending the Act on Road Transportation; later, the Deputies voted on amendments to the draft Act, finally adopting the Act as a whole.

In the afternoon, the Deputies began to debate in principle the draft Labour Act, submitted by the Government of the Republic of Serbia.

Before the debate in principle began, the representative of the submitter, Minister of Labour and Employment Dragan Milovanovic, acquainted the Deputies with the provisions of the Act.

The National Assembly commenced the debate by adopting a motion, made by Deputy Dragan Markovic, that the debate in principle for Deputies' Groups should last for 10 hours, instead of the five hours prescribed by the Rules of Procedure of the National Assembly of the Republic of Serbia.

On the fourteenth and fifteenth day of work (27 and 28 November) the National Assembly of the Republic of Serbia began to debate the draft Labour Act in principle.

The sitting continued on December 3, 4 and 5

On the sixteenth day of work, before continuing the debate in principle on the draft Labour Act, the National Assembly noted that the DOS - Movement for Democratic Serbia Deputies' Group ceased to work.

After the debate in principle ended, at the close of the morning part of the session the National Assembly adopted the draft Labour Act in principle.

At the beginning of the afternoon part of the session, Dejan Mihajlov, President of the DOS - Democratic Party of Serbia - Dr Vojislav Koštunica, lodged an objection to the voting, citing irregularities, and demanded that the voting should be annulled, i.e. that the vote should be taken again. The session was then adjourned.

At the beginning of next day's work (December 4) the National Assembly voted that there had been no irregularities during the voting on the draft Labour Act in principle. Therefore, debate began on the particulars of the draft Act (i.e. amendments were voted on).

After a proposal to that effect had been made by the Administrative Committee, and on the basis of a Report made by the Republic Electoral Commission, the National Assembly confirmed the mandate of Deputy Zlata Đeric, elected on the Democratic Opposition of Serbia - Dr Vojislav Koštunica electoral list.

In the course of the whole day's work, the National Assembly debated a number of amendments; the session was adjourned in the afternoon because of urgently convened Deputies' Groups' meetings.

On the next day (5 December) the National Assembly noted that the mandate of Deputy Boris Karaicic, elected on the Democratic Opposition of Serbia - Dr Vojislav Koštunica electoral list, had terminated before the expiry of the term of office to which he had been elected. Also, the mandate of Deputy Slavica Tatomir, elected on the Democratic Opposition of Serbia - Dr Vojislav Koštunica electoral list, was confirmed.

A group of 112 Deputies submitted a Motion to dismiss the Chairman of the National Assembly of the Republic of Serbia Dragan Maršicanin, together with a proposal to place, under urgent procedure, that Motion on the Agenda of the session, as well as to amend the previously adopted Agenda, and to open the debate on the Motion immediately. An addition to the Motion was also submitted, proposing to perform the election of the new Chairman of the National Assembly under urgent procedure. Deputy Nataša Micic was put forward as candidate for the office. The National Assembly went into recess, in order for the addition to the Motion to be delivered to the Deputies. As there was afterwards no quorum, the session was adjourned.

On the nineteenth day of work (6 December) the National Assembly interrupted the debate on the particulars of the draft Labour Act and, under urgent procedure, began to debate the Motion on dismissing the Chairman of the National Assembly of the Republic of Serbia Dragan Maršicanin, and on electing a new Chairman of the National Assembly.

After the debate in principle, as the deputies were about to take a vote on the Motion, the Chairman of the National Assembly tendered his irrevocable resignation to the office of Chairman.

When work resumed, the Deputies took an open vote by roll-call and elected Deputy Nataša Micic Chairperson of the National Assembly of the Republic of Serbia.

The sitting continued on 10 December 2001

On the twentieth day of work (10 December), the National Assembly of the Republic of Serbia continued to debate the particulars of the draft Labour Act, as well as the voting on amendments.

The National Assembly adopted motions submitted by Deputy Cedomir Jovanovic, President of the Democratic Opposition of Serbia Deputies' Group and Deputy Marko Petrovic, President of the DOS - Nova Srbija Deputies' Group that a debate on a proposal on amending and modifying the Decision on Electing Members of National Assembly Committees should be included in the agenda under urgent procedure.

On the basis of a suggestion made by the Administrative Committee, the National Assembly noted that the mandates of Deputies Predrag Bajcetic and Vojkan Tomic, elected on the Democratic Opposition of Serbia - Dr Vojislav Koštumica electoral list, had terminated before the expiry of the term of office to which they had been elected.

On the basis of a suggestion made by the Administrative Committee and on the basis of a report made by the Republic Electoral Commission, the Deputies confirmed the mandate of Deputy Dr Dragoslav Boškovic, elected on the Democratic Opposition of Serbia - Dr Vojislav Koštunica electoral list to the vacant seat in the Assembly.

The National Assembly spent the rest of the working hours debating the draft Labour Act and voting on amendments submitted to the draft Act.

On the next day (11 December), the National Assembly continued to debate the particulars of, and vote on amendments to, the draft Labour Act, and on 12 December adopted the Act as a whole.

In the afternoon part of the same day's session, the Deputies began a joint debate of a Motion to establish a National Assembly of the Republic of Serbia Board of Inquiry tasked with assessing the state of tobacco and tobacco product manufacturing and trade.

On the twenty-third day of work (13 December), the National Assembly continued to debate the Motion in principle, and, at the end of the debate failed to adopt the Motion.

When work resumed, the National Assembly began a joint debate on Motions to dismiss or relieve of office certain judicial officials - the Motion to relieve of office justices and President of the Constitutional Court of the Republic of Serbia, Motions to relieve of office the President of the Fifth Municipal Court in Belgrade, Motions to relieve of office judges of courts of general competence and commercial courts, and the Motion to relieve of office public prosecutors, together with amendments and modifications of the Motions, as well as the Motion to dismiss Presidents of courts of general competence.

The Sitting continued on 17 December 2001

When work resumed, the National Assembly confirmed the mandates of Deputies Dr Živoslav Markovic and Dimitrije Jovanovic, elected on the Democratic Opposition of Serbia - Dr Vojislav Koštunica Electoral List. Their mandates were confirmed in order to fill vacant seats in the National Assembly of the Republic of Serbia.

Motions to dismiss and relieve of office certain judicial officials were adopted, as were several motions modifying and amending the Decision on Electing Members of National Assembly Committees. This marked the conclusion of the Second Session of the Second Regular Sitting of the National Assembly of the Republic of Serbia for 2001.



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