Draft-Law on Associations Ready for Adoption

Centar za razvoj neprofitnog sektora

The Draft-Law on Association offers a fine normative framework for development of civil sector in Serbia. It meets the European standards and provides quality contribution to development of democracy in the country, concluded the participants of the public debate organized on Friday, July 27, in Belgrade.

The participants were greeted by Serbian President Boris Tadic, who emphasized the importance of the Law and the work done by the nongovernmental organizations for the country and its strategic directions.

OSCE and Council of Europe representatives presented their expectations that the Law will be adopted in its current version which, in their view, �...may be restricted by the Constitutional framework, is satisfactory and in line with European standards�.

The debate indicates that, after seven long years of failed attempts, this version stands a good chance to enter adoption procedure in the Parliament.

The Draft, prepared by the Ministry of Public Administration and Local Self-Government, with strong participation by the NGOs, should be transformed into an official proposal by the Government and submitted for adoption in September of this year.

Minister of Public Administration Milan Markovic said that the Law should provide comprehensive solutions to the status and position of NGO sector in the country.

In his view, although Serbia lags behind the other countries in the region in terms of adopting such a law, �...the country has the advantage to be able to learn from their experience and to include provisions that prevent all objections and deffects noted elsewhere�.

The Acting Head of OSCE Mission to Serbia, Anthony Pahigan pointed out that the relations between NGO sector and Government act as a �...barometer of democracy in a society�. He expressed his expectations that the Law, in its current form, will be soon adopted by the Skupstina.

Denis Huber, Special Envoy of the CoE Secretary General and head of CoE Mission to Belgrade noted that the Council of Europe was very much involved in the preparation and gave three expert opinions on the Draft, in 2002, 2003 and last year.

\"The longer we worked on the text, the better the Law got, to the effect that this version is fully satisfactory and meets European standars�, said Huber.

Ombudsman Sasa Jankovic pointed out that the �...law is a quality contribution to development of democracy in Serbia� and added that he will give his full opinion on the Law only after the public debate is completed.

The novelties of the latest Draft were presented by Zivka Vasilevska from the Centre for Development of Non-Profit Sector. Among the novelties are the provisions on voluntary registration with competent courts, reduced number of founders from 10 to three, as well as the provision allowing foreign citizens and under-age persons to found associations.

Also, the Law now allows associations to acquire property and assets through economic, business and other commercial activities. The law, however, prohibits redistribution of earnings in line with shares and stakes held in the association. In addition, there is the new provision that only the Constitutional Court could ban the work of an association, only for reasons of unconstitutional activities and endeavours.

The existing associations will have to approximate their statutes and other regulations to the new Law.