РАЗЛИКОВАЊЕ (НЕЗАВИСНИХ) КОНТРОЛНИХ И РЕГУЛАТОРНИХ ТЕЛА
DIFFERENTATION BETWEEN (INDEPENDENT) OVERSIGHT AND REGULATORY BODIES

Summary/Abstract: Although the independent oversight bodies and regulatory bodies have been part of the politico-legal system of the Republic of Serbia for some years, their nature, functions and main characteristics have caused frequent misunderstandings both among scholars and general public. The key attributes of this type of state bodies, such as: independence, autonomy, oversight and regulation, are often used uncritically; moreover, they are frequently used for labelling the bodies that do not have these features. This article analyzes the national legislation and demonstrates that the Serbian legislator regulates the independence of oversight and regulatory bodies in an inconsistent and, sometimes, contradictory manner. At the same time, the analysis has shown that the unclear nomenclature of state bodies further complicates the placement of regulatory bodies in the legal system, primarily due to the widespread usage of the term “agency” for state bodies of completely different legal nature. The aim of this article is to contribute to the definition and clarification of the mutual relations between the concepts of independence and autonomy, as well to explain the similarities and differences between oversight bodies and regulatory bodies.

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