Project background and description PLAC (scope of the work)
The scope of this assignment is to assist the Project in its objective to improve the current system for legal approximation process and the level of harmonisation of the national legislation with the EU acquis, thus contributing to a fundamental element of the EU integration process. Further improvement of the European integration structures, including in key line ministries, strengthening verification of the compatibility of government policies and draft legislation with the acquis and EU integration requirements, improving legislation quality, and enhancing cooperation among line institutions are key priorities. The project will assess and enhance the concrete and systemic integration of the transposed acquis in the national legislative framework. To that regard, line institutions at Government central level and the Parliament will be involved through specific assistance. When a plan or a strategy for harmonisation is developed, the project will contribute implementing it. The sustainability of results, including ensuring the necessary capacities for implementation and follow-up, will be specifically in focus.
The PLAC project should achieve three results:
- RESULT 1 Strengthened structures related to harmonization and approximation of national legislation with EU legislation, including mechanisms for consultation of relevant external stakeholders
- RESULT 2 Compatibility of national legislation with EU legislation improved through preparation of relevant draft laws
- RESULT 3 Enhanced capacities of the relevant institutions (in particular SEIO, the Secretariat for Legislation, the General Secretariat and line ministries) for harmonization of Serbian legislation with the EU acquis and implementation of national legislation.
Description of the assignment
Title: One (1) Non-Key Short-Term Senior Expert
Brief description of the assignment:
Several activities were carried out in terms of harmonisation of legislation on services e.g. the Directive 2006/123/EC on services in the internal market within the PLAC project. In January 2014 an explanatory screening was carried out, at which instructions for further harmonisation in the area were provided, and in March 2014 a bilateral screening was carried out, where the Ministry of Education presented a draft version of the Law on the mutual recognition of professional qualifications, for which they received comments, and based on these, the amendments to the draft version of the Law will be incorporated in the upcoming period. Directive 2006/123/EC on services and Directive 2005/36/EC on professional qualifications are complementary instruments dealing with different matters. Consequently, for matters not relating to professional qualifications, the “Services Directive” applies to those regulated professions that fall within its scope.
According to the NPAA for the period 2014-2018 legislation of the Republic of Serbia is still not in compliance with Directive 2005/36/EC, but the process is under way and the work has begun on the Draft law on the mutual recognition of professional qualifications. Since Directive 2013/55/EU of the European Parliament and of the Council was adopted in the meantime, the provisions relating to administrative cooperation, European professional card and the system of automatic recognition of professions, additional work on the Law on mutual recognition of professional qualifications is necessary, which will enable the implementation of provisions of this Directive. Overview of Priorities in terms of harmonisation of legislation in the NPAA shows that the adoption of the Law on Mutual Recognition of Professional Qualifications is planned for the fourth quarter of 2015.
Considering the adoption of the new directive – Directive 2013/55/EC, additional work is required in the upcoming period to implement the new provisions. The new Law on Mutual Recognition of Professional Qualifications applies to all professions listed in the NPAA.
The expert assistance is needed in order to analyse national legislation on recognition of qualifications in respect to its harmonisation with the acquis in the area covering following or some of the following fields: health sector (doctor of medicine, dentist, nurse responsible for general care, midwife, veterinary surgeons, pharmacist), architects, crafts professions, lawyers (mediators, court expert witness, public notaries, private enforcement officer, court interpreters), tourism (tourist guides, tourist animators, tourist sectors), chemicals, commercial agents). The final list to be agreed with the beneficiary institution: Ministry of Trade, Tourism and Telecommunications.
At the present there is an ongoing bilateral project with Norway (Dec. 2013 – Dec. 2015). There is no overlapping between the ToR and the aforementioned project.
Duration of the assignment: Up to a total of 20 working days
Period of the assignment: January 2015 – November 2015
Place of assignment: Belgrade, Serbia
Expert’s Activities
Description of the activities
- Collect and assess relevant Serbian legislation on recognition of qualifications in force and draft and other documents relevant for performing a desk review – an analysis of national legislation. Consultations and meetings with the beneficiary institutions are anticipated in this respect;
- Review and update of the existing Table of Concordance;
- Prepare a Legal analysis report and present it to the beneficiary institution and other relevant stakeholders in a form of a workshop.
Outputs
- A Legal analysis report on Serbian legislation related to the recognition of qualifications including the comparison with Directive 2005/36/EC and Directive 2013/55/EC as relevant, in terms of flexibility of labour market, liberalisation of the provision of services, encouragement of more automatic recognition of qualifications, and simplified administrative procedures, etc, with recommendations on how is to achieve a full harmonisation;
- An Updated Table of Concordance related to Directive 2005/36/EC
- Workshop held
Application deadline: 15:00 hrs, 22nd January 2015
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