INTERVIEW
Better Legislation, More Investors MIKE FALKE Head of GIZ Legal and Judicial Reform Programme in Serbia
Even though GIZ and the FIC have very different mandates, both share similar goals and aspire to increase transparency and the efficiency of, and stakeholder participation in, the law making process
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nly a sound and predictable legal and institutional framework will provide the right environment to attract foreign investments: investments which are greatly needed in Serbia. It is crucial that investors claim that from the Serbian authorities, but also help them define that system. The Legal and Judicial Reform Programme of GIZ (Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH), has contributed intensively to improving the legislative process in Serbia, says Mike Falke, Head of GIZ Legal and Judicial Reform Programme in Serbia. ► What major achievements in terms of the business environment’s legal predictability has the Serbian Government made in the previous year with the help of GIZ, and what are the most urgent tasks in the period ahead? - The Legal and Judicial Reform Programme of GIZ has contributed intensively to improving the legislative process in Serbia. For example, public consultations are now mandatory for every new law – even though many laws have been adopted recently under urgent procedures without sufficient stakeholder participation. A great number of civil servants took
part in specific training programmes, focusing on major elements and skills of law drafting. But even if you have good laws, they might not always be implemented by the public administration or judiciary. One of the reasons for that is simply a lack of knowledge and skills. This programme helps in overcoming the so-called implementation gap. Furthermore, the introduction of “private” Enforcement Agents and Public Notaries has already increased predictability in those areas today. Our focus in the upcoming period will be on the negotiations of chapters 23 and 24 of the acquis communautaire, building the capacities of the Serbian public administration, strengthening and consolidating already initiated reforms and ensuring efficiency in the work of newly established legal professions, such as public notaries, enforcement agents and insolvency administrators.
Urgent procedures without public hearings should be the absolute exception. Unfortunately, that has not been the case in the last few months
38 FOREIGN INVESTORS COUNCIL IN SERBIA 2014/15