Public Policy Secretariat (hereinafter: PPS) would like to notify the public about the commencement of drafting the Proposal of the Regulation on the methodology of public policy management and the proposal of the Regulation on regulatory impact assessment, to repeal currently applicable Regulation on the methodology of public policy management, public policy impact assessment, and the content of individual public policy documents (“Official Gazette of RS”, No. 8/19 hereinafter: Regulation).
The regulation was adopted in accordance with the Law on the Planning System of the Republic of Serbia (“Official Gazette of the RS”, no 30/18 hereinafter: Law) and has been in force since 16 February 2019.
The adoption of the Law and Regulation regulates the planning system of the Republic of Serbia, i.e. the management of the public policy system, the method of implementing impact analysis, the consultative process, the type and content of planning documents (development planning documents; public policy documents and other planning documents), the mutual compliance of planning documents, the procedure determination and implementation of public policies and obligations to report on the implementation of planning documents, as well as the corresponding application of the obligation to carry out regulatory impact assessment and evaluation of the effects of those regulations.
The Regulation more closely regulates the methodology of public policy management, and in particular the scope, process and control of the impact assessment implementation during the preparation of public policy documents and regulations, as well as impact assessment following their adoption, including the method of conducting consultations for public policy documents and regulations and public hearings for public policy documents, the type of public policy measures and the content and form of public policy documents, the form and content of the report on the conducted impact analysis, which also contains data on the conducted consultations and public discussion, the form and content of the statement on compliance with the opinion of the state authority responsible for the coordination of public policies, for which public policy documents and regulations the implementation of the effects analysis is not mandatory, elements of the impact assessment of the adopted public policy documents and regulations, the method of reporting on the results of the implementation of public policies, evaluation method of effects of public policies and regulations, as well as the areas of planning and implementation of public policies.
During the implementation of the Regulation, PPS continuously monitored its application and collected data that serve as basis for assessing the level of the achieved results of the Regulation. In addition, as part of the project support for public administration reform in the Republic of Serbia, an ex-post analysis of the application of the Law and Regulation was conducted, and the report was prepared based on it. This report contains a detailed analysis of the legal framework of the planning system in the Republic of Serbia and its application so far; international analysis of the legal framework and practice, as well as recommendations for improving the planning system in the Republic of Serbia.
Based on the conducted analyses and the results of the implementation monitoring, it was concluded that in the period of implementation so far, the Regulation had a positive effect on the establishment of the planning system and the creation of good practice in fact-based decision-making. During the implementation of the Regulation, certain shortcomings were noticed, as well as room for additional improvement, namely:
- impact assessment of options for public policy documents;
- the quality of the consultative process and its control;
- a framework for systematic monitoring of the quality and effectiveness of ex-post analysis;
- Regulatory impact analyses and reports on the conducted analysis of the effects of regulations;
- ex-post analyses of regulatory impact.
The key finding of the ex-post analysis indicates that in order to better understand and apply the legal framework that governs the planning system and impact analyses, it is necessary to regulate public policy management and regulatory impact assessment by separate regulations.
As accompanying material to this notice, the PPS attaches the Baseline for drafting the Proposal of the Regulation on the Methodology of Public Policy Management and the Baseline for drafting the Proposal of the Regulation on the Regulatory Impact Analysis.
Based on all of the above, we would herewith like to invite the interested public to submit comments, proposals and suggestions at: Baseline for drafting the Proposal of the Regulation on the Methodology of Public Policy Management and Baseline for drafting the Proposal of the Regulation on the Regulatory Impact Analysis. no later than 12 July 2022 using e-Konsultacije portal .