A transparent approach to consultation processes, inclusive of civil society and open to the public, is essential to ensure the integrity, quality, and legitimacy of decision-making. The effectiveness and genuineness of such processes are integrally bound to the transparency provided by the institutions in charge of the decision-making.

To enable public scrutiny, access to public consultation processes must be ensured by the government, from the initial phases of law-making and policy-making, before the draft documents reach the Parliament. The Council of Ministers (hereinafter ‘’the CoM’’) is a key actor in such processes since it submits an average of 80–85% of all the draft laws that are reviewed by the Parliament every year. Therefore, this policy brief will address public consultation processes at the central government level with the aim to expose factors that enable their circumvention. It argues that to conduct successful and meaningful public consultations processes, the shortcomings in the legal framework and institutional practice that enable the circumvention, need to be addressed. Lastly, it provides policy recommendations that aim to eliminate the identified legal gaps and improve proactive transparency.

Find the Policy Brief here (in English) and here (in Albanian).

POLICY BRIEF

Milica Škorić, Junior Researcher, Miloš Đinđić, Lead Researcher, European Policy Centre – CEP

Good governance implies governance that focuses on citizens, their well-being and satisfaction. One of the main attributes of good governance is transparency in the work of institutions and the decision-making process, in order to provide the public with timely information about activities and decisions that may have an impact on everyday life. With transparent insight into decisions of public interest, citizens in democratic societies have the opportunity not only to be informed but also to point out shortcomings and demand accountability, thus creating an unbreakable link between transparency and public accountability for the results achieved. Public reporting about work and performance is one of the ways to ensure government transparency in practice. In Serbia, the long-standing problem of non-transparent annual reporting on the work of the Government and the administration results in a lack of accountability towards citizens.

The picture that emerges is that the EU’s institutions could well lend themselves to the idea of staged membership, with various examples or precedents to be noted, also connecting with the related idea of ‘differentiated’ integration. A successful development and practical application along these lines would do much to restore positive momentum to the European project itself, currently threatened by a damaged reputation, as well as numerous internal and external threats. The paper sets out a substantial institutional, technical and legal basis for a breakthrough out of the current impasse. It remains for political leaders in both the EU and the Western Balkans to signal their interest in such ideas, and thus launch debate at the strategic level, so that the institutions can work towards defining a formal proposal. The implementation of the system of staged accession would have to be supplemented by a robust EU policy geared towards the resolution of bilateral disputes and issues of statehood in the region.

The Brief can be downloaded here (in English) and here (in Serbian).