PRAVNI ZAPISI • Year I • No. 1 • pp. 97-118
ANALYSIS OF THE IMPACT OF LEGISLATIVE PROCEDURE ON PROPOSED LEGISLATION
Saradnik u nastavi, Pravni fakultet Univerziteta Union u Beogradu
Pravni zapisi, no. 1/2010, pp. 97-118
Original Scientific Article
Draft law, National Assembly, amendment, section of National Assembly, MPs, Government
Analysis shows that in the period between June 11, 2008 and October 26, 2009 the National Assembly passed a total of 215 laws, out of which 86 were laws on ratification of international treaties and other agreements, on which no amendments were sumbitted, so they were not the subject of further analysis. If these laws are exempt, 129 laws were passed during the analysed period and in the process of adoption of 90 law proposals (69,77%), the National Assembly adopted 979 amendments. The extent of changes in proposed laws differs significantly in each case and significant differences exist among fields of regulation, as well. The average of adopt- ed amendments per proposed law for which amendments were adopted is 10,88. Taking into account the number of articles, the author reached the conclusion that proposed laws for which amendments were accepted were, on average, amended in 15,11%. Even though the Government proposed 99,53% of the passed laws, the analysis showed that the National Assembly substantially influences the final texts of laws and that by adopting a large number of amendments, it has amended the contents of proposed laws which are of greater significance, which introduce more comprehensive changes and new institutes. Even though the Serbian legal system does not recognise a hierarchy among different types of laws (there is a hierarchy among regulations), during the legislative procedure proposals of what is commonly refered to as systemic or umbrella laws were also amended. Applicants of adopted amendments were in 79,63% of cases members of parliament and in 14,61% parliamentary committees. Amendments sub- mitted by the Government to its own proposals were also accepted (51 amendment), as well as eight amendments of the Citizens’ Defender (om- budsman). Analysis of the structure of adopted amendments of members of parliament showed that most of them were submitted by oposition MPs (50,45%). The text also provides recommendations for improvement of work of the National Assembly and introduction of new mechanisms aim- ing to achieve more quality in adopted laws, harmonisation of the diction and terminology of legislation and establishment and maintaining cohe- sion in the legal system of the Republic of Serbia.