LEGAL SITUATION

THE FIRST 7 YEARS

SERBIA

OUTLAWS

•The phrase often used in Serbia is that “the NGO sector has no law”.

•It creates an image of the sector working and existing outside of the legal system.

Are we illegal outlaws?

CURRENT SITUATION

There are TWO parallel laws on associations:

One is the Law of Republic of Serbia from 1982.

The second is the “Federal Law” of Yugoslavia from 1992.

Draft of the new Law on Associations is finished and will be sent to parliament in a few days.

1982 Law

Organisations have to register with the Ministry of Interior meaning in the Police station that gives permission to the NGO to function.

1992 Law

Organizations submitted their documents to the Ministry of Justice and are automatically registered.

Then the register was moved to the Ministry for Minorities and Human Rights.

Then the register was moved to the Ministry of Public Administration and Local self government

IS THERE A REGISTER?

No.

Nobody knows how many Associations, NGOs and CSOs are there is Serbia.

NEW LAW

It is the 4th version of the draft in the last 7 years.

It is drafted by the Ministry and the NGOs expert group (including ICNL) and approved in public debate by most NGOs.

WHAT’S NEW?

~ only 3 persons, including foreign citizens or legal entities can register an organization

~ registration is voluntary and associations may function without registration

~ only Constitutional court can order a closing down of an association

WHAT’S NEW 2

~ international organizations are registered under same conditions as locals

~ One register established

~ Article 11 of European Convention

for the Protection of Human Rights and

Fundamental Freedoms fully respected

TO BE DONE

Whole area of financial and tax treatment needs to be reformed.

Bodies for institutional dialogue with the State need to be established.

Initiating a Strategy for Enabling Favorable Environment for Civil Society development

CRITICAL ISSUES

Kosovo issue

Lack of political will

Lack of consensus on EU integration Constitution

Brain drain