REPUBLIC OF SERBIA
PROTECTOR OF CITIZENS
Belgrade
Date: 11/06/2010
PUBLIC STATEMENT
OF THE PROTECTOR OF CITIZENS SAŠA JANKOVIĆ
The Protector of Citizens (PoC) Saša Janković, once again, as a response to publicly repeated
claims that he has not respected the procedure and that his amendments to the Bill on Electronic
Communications are "non-existent", announces the following:
“The PoC submitted the initiative for the adoption of amendments to the Bill on Electronic
Communications, formulated and explained entirely in accordance with the Rules of Procedure
and practice of our Parliament, to the relevant Parliamentary Committee, in a timely fashion for
the Parliamentary procedure, fully in accordance with the Constitution, the Law on the PoC and
the Rules of Procedure of the National Assembly. In addition to the PoC, a number of MPs and
the Ministry of Telecommunications, as drafter of the Bill, submitted their proposed
amendments in the same manner to the Committee on Transportation and Communications.”
“Decision on these amendments depends solely on the assessment of the Committee on
Transportation and Communications of the National Assembly of whether it will, or it will not,
support each of these amendments individually and recommend them to the National
Assembly for final adoption, and it does not depend on any procedural matters.”
“If the largest, or any other parliamentary group, does not want to support the PoC’s initiative
and amendments, it has the right to do so, but no one has a justified reason for hiding behind
the allegedly improper procedures or "bad intentions of the PoC" simply because it is not true” believes the PoC, Saša Janković.
In order to fully inform the public, the PoC points out that practically the amendments could
not be submitted before the beginning of the debate on the Bill on Telecommunications, because
it was sent to the Parliament for adoption by an urgent procedure on Monday morning, June 7th,
upon being approved by the Government towards the end of the previous week.
However, given the fact that in the period between the completed debate in principle on the Bill
(completed on the same day when it started) and the time of opening a debate in detail,
competent parliamentary committees may submit amendments to the Bill, and the PoC may
initiate the adoption of amendments before the committees, the Republic Ombudsman used the
only existing procedural possibility and addressed the Committee on Transportation and
Communications with the initiative for the adoption of amendments, which were formulated
and explained in that initiative. A number of MPs and the Ministry of Telecommunications
submitted the proposals in the same way to the Committee.
Deligradska 16, 11000 Belgrade
Phone: (011) 2068 -100
www.zastitnik.rs
e-mail: [email protected]
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The PoC has so far used the same procedural option on two occasions: the first time for the Bill
on the Basic Structure of Security Services in the year 2007, and the second time for the Law on
Amendments to the Criminal Code. On both occasions, the competent committees discussed the
initiatives of the PoC. Of two submitted amendments to the Law on the Basic Structure of
Security Services, the Committee for Defence and Security, and later also the National Assembly
upon the Committee’s proposal, accepted the one concerning democratic oversight over security
services. The Committee rejected the second amendment that required the adoption of the law
on opening the security services files from the totalitarian period. The competent committee
accepted, in slightly altered wording, the amendment proposed by the PoC to Article 60 of the
Criminal Code, which was later adopted by the National Assembly.
It is also important to mention the fact that the National Assembly has not yet harmonised its
Rules of Procedure with the Law on the PoC, although the deadline, explicitly stipulated by the
Law, expired over four years ago. Also, the Government has refused in writing to inform the
PoC about the agenda of its sessions, which the PoC requested in order to be able to respond to
the Bills that the Government approves and sends to the National Assembly or to exercise his
legal right to refer to the Government or the National Assembly his opinion on Bills and
proposals of other acts. The Government has rejected the PoC’ request with an explanation that
its own Rules of Procedure do not envisage such obligation towards the PoC.
(End of Public Statement)
Deligradska 16, 11000 Belgrade
Phone: (011) 2068 -100
www.zastitnik.rs
e-mail: [email protected]