As regards the functioning of democratic institutions, the
Assembly stresses the progress achieved in compliance with Resolution
1661. In particular, the Assembly:
9.1 notes the political stability that has prevailed since
the last parliamentary elections in 2008 which creates a favourable
environment for society to progress and to implement the necessary
reforms in the field of democracy, human rights and the rule of
law. The Assembly reiterates its call to the opposition to adopt
a constructive attitude and to the majority coalition to create
conditions for a meaningful dialogue with the opposition on key
issues;
9.2 welcomes the adoption of the National Assembly Act on
26 February 2010, of its new Rules of Procedure on 28 July 2010,
and the rules on the organisation and work of the services of the
parliament on 5 July 2011, which should make the Serbian Parliament
a more efficient and modern institution, strengthen its role and
turn it into a proper arena for democratic debate;
9.3 encourages the National Assembly of Serbia to continue
to develop, in co-operation with the Parliamentary Assembly, a follow-up
Parliamentary Assistance Programme, making full use in particular of
funding opportunities within the framework of the European Union’s
Instrument for Pre-accession Assistance and further strengthen the
capacity of the National Assembly to play an increasingly active role
in the political process and improve the quality of the parliamentary
output and the role of the opposition in the parliament;
9.4 congratulates Serbia for adopting, in 2011, the Act on
Altering and Amending the Act on Election of Members of Parliament
of the Republic of Serbia in accordance with the Joint Opinion of
the European Commission for Democracy through Law (Venice Commission)
and the OSCE/ODIHR, which has brought the system of allocation of
mandates in the parliament into line with European standards; it abolished
the “party-administrated mandates” and the “blank resignations”,
as requested by the Assembly in its Resolution 1661; in addition,
the Assembly praises the fact that these amendments will increase
women’s participation in parliamentary elections to 30%. The Assembly
notes, however, that the Serbian Constitution still contains a provision
allowing for “imperative mandates”;
9.5 welcomes the amendments adopted on 20 June 2011 to the
2007 Local Elections Act, which formally abolish “blank resignations”
at local level, in line with the decision of the Constitutional
Court of 20 April 2010;
9.6 considers that the adoption of the 2009 Single Voters
Register Act (which entered into force in December 2011) is a positive
step to improve the accuracy and security of data; it regrets, however,
that the State Electoral Commission Act could not be adopted in
time and will not be in force for the 2012 parliamentary elections;
9.7 welcomes the adoption of the Act on the Financing of Political
Activities on 14 June 2011, in line with the recommendations of
the Group of States against Corruption (GRECO) and the Venice Commission;
9.8 welcomes the consolidation of local self-government and,
in particular, the adoption of the Act on the Jurisdiction of the
Autonomous Province of Vojvodina in November 2009 and the subsequent enactment
of the Statute of the Vojvodina Provincial Assembly; the Assembly
also welcomes the adoption of the Public Property Act in September
2011 and the Act on Amendments to the Act on Local Government Finance
in July 2011, amending the method of transfer calculation and percentage
of local government share in revenues from taxes on salaries;
9.9 congratulates Serbia for setting up and strengthening
independent regulatory bodies, such as the Offices of the Defender
of Citizens’ Rights (Ombudsman), the Commissioner for the Protection
of Equality and the Commissioner for the Protection of Free Access
to Information. It considers such bodies as comprehensive and effective
mechanisms to enhance the protection of citizens’ rights and ensure
the effective functioning of democratic institutions in Serbia and
encourages Serbia to continue on this path;
9.10 therefore calls on the Serbian authorities to:
9.10.1 eliminate from the constitution the provisions establishing
the imperative mandate of members of parliament;
9.10.2 take the necessary steps to revise the electoral law and
adopt the State Electoral Commission Act after the 2012 parliamentary
elections, with a view to setting up an independent and autonomous
authority to supervise elections;
9.10.3 strengthen the oversight role of the parliament;
9.10.4 ensure that the Anti-Corruption Agency is provided with
sufficient resources to control the funding of political parties
and take the appropriate sanctions when necessary;
9.10.5 implement Recommendation 316 (2011) of the Congress of
Local and Regional authorities of the Council of Europe, to continue
to implement a comprehensive decentralisation reform in compliance
with the European Charter of Local Self-Government (ETS No. 122),
and to adopt the Act on Local Government Staff to increase the capacity
of local authorities;
9.10.6 ensure adequate financial guarantees to enable local self-government
and Vojvodina to exercise their jurisdictions;
9.10.7 sign and ratify, without further delay, the European Outline
Convention on Transfrontier Co-operation between Territorial Communities
or Authorities (ETS No. 106) and its additional protocols.
