Lex Specialis for Construction of Subways and Highways to Be Abolished – Projects of Special Importance for Serbia Without Accelerated Procedure in the Future

The Government of Serbia has proposed to the National Assembly to abolish the Law on Special Procedures for Realization of Projects of Construction and Reconstruction of Line Infrastructure Facilities of Special Importance for the Republic of Serbia, which was proposed as a lex specialis at the end of 2019.

The reason for the abolition, all things considered, seems to be the stipulation about the selection of the strategic partner, that is the non-implementation of the Law on Public Procurement Procedure, which representatives of the European Commission have pointed out to the state on several occasions.

– Considering that the European Commission has warned the Republic of Serbia on several occasions, both in writing and during direct meetings, that the stipulations of the Law on Special Procedures for Realization of Projects of Construction and Reconstruction of Line Infrastructure Facilities of Special Importance for the Republic of Serbia are not harmonized with the legal acquis of the European Union, especially in the part that pertains to public procurement procedures and the selection of the so-called strategic partner, the decision to abolish this law has been reached at the level of the government – says the explanation of the decision.

– This pertains to the preparation of projects of parcellation and reparcellation, the execution of land register procedures based on those projects and, finally, the very process of expropriation, which is long when it comes to line infrastructural structures (roads, railroads, etc.), because those structures are planned, designed and built on several thousand cadaster parcels, the resolving of which takes at least a year, sometimes more, depending on the problems encountered during the expropriation (illegal facilities, waiting for the requests for the legalization of those facilities to be resolved, facilities not listed in the land register, the displacement of the populace, complaints to the decisions on the listing in the land register, complaints to the decisions on expropriation and so on) – the government explained.

It is also noted that, by abolishing the Law on Special Procedures for Realization of Projects of Construction and Reconstruction of Line Infrastructure Facilities of Special Importance for the Republic of Serbia, Chapter 5 and Cluster 1, which are “certainly important in the negotiations for the accession of the Republic of Serbia to the European Union,” would be “closed”.

The projects which have already been launched in line with this Law will continue in line with its stipulations.

Let us remind that, in late 2019, the Government of Serbia adopted the draft special law which, as said at the time, would accelerate the procedure of the construction of important infrastructural projects, such as subways and highways, shorten the time needed for the resolving of property-legal relations and avoid potential penalties due to failure to withdraw money from the banks.

The Draft Law on Special Procedures for Realization of Projects of Construction and Reconstruction of Line Infrastructure Facilities of Special Importance for the Republic of Serbia envisaged that projects of special importance for the Republic of Serbia were “projects of construction and reconstruction of line infrastructure facilities which influence the overall development of the Republic of Serbia, an even regional and local economic development, and international, regional and internal territorial connecting, prevention of the devastation of parts of the territory of the Republic of Serbia, the securing and the improving of the basic needs of the populace, social development and environmental protection, thereby improving the overall living standard in the Republic of Serbia”.

I. Z.

Vlada Republike Srbije

Narodna skupština Republike Srbije

Government of Serbia

National Assembly of Serbia

Law on Special Procedures for Realization of Projects of Construction and Reconstruction of Line Infrastructure Facilities of Special Importance for the Republic of Serbia

lex specialis

expropriation

public procurement procedures

strategic partner

selection of a strategic partner

resolving property legal relations

subway

construction of a subway

construction of highways