Introduction
SANJA KMEZIĆ1
Abstract The introduction explains the context – the lack of strategic
commitments to fiscal decentralisation – that helps us gauge the relevance
of the study’s subject matter and set up an adequate analytical framework.
Further, it outlines the major research problem and articulates the subject
of the study and main research questions. The fundamental problem
treated in the book is the fact that fiscal decentralisation and stable local
finance systems are de facto not among strategic directions of Serbian and
Montenegrin central governments. The study focuses on the following
research questions: 1) What are the main features of fiscal
decentralisation processes in Serbia and Montenegro?; 2) How have legal
frameworks on local government financing changed over the last 15 years
in Serbia and Montenegro?; 3) What is the fiscal effect of legislative
changes on local government budgets?; 4) What are the main differences
and similarities of fiscal decentralisation processes in these two countries?
Finally, the Introduction presents the analytical approach and research
methods used in the study.
Keywords: • fiscal decentralisation process • legal framework on local
government financing • fiscal effects of legislative changes • comparative
similarities and differences
1 Explication of the context – lack of strategic commitment to
decentralisation
Serbia and Montenegro embarked upon their post-communist political and economic
transition processes more than two decades ago. However, these processes were
hindered in the 1990s by the dissolution and armed conflicts in former Yugoslavia,
which postponed fundamental reforms in Serbia and Montenegro for the next decade.
Montenegro essentially began its reforms in 1997 by standing up to Milošević’s policies
and carrying out changes in the private and public sectors, which led to the country’s
independence in 2006. It was further awarded with the status of a candidate state in the
process of EU accession in December 2010. In Serbia, immediately upon the
establishment of the democratic regime in late 2000 and early 2001, the process of
political transformation, the economic transition, and the EU accession efforts resumed,
culminating in the opening of membership negotiations in December 2015.
Until 1990, Serbia, as a country, and its system of financing subnational governments
were quite decentralised. However, under the authoritarian regime of Slobodan
Milošević, the Government of the Republic of Serbia initiated a rapid process of
consolidation and centralisation of power by adopting a new Constitution of the
Republic of Serbia in 1990, which abolished the existence of autonomous provinces and
diminished the role and mandates of local governments dramatically. The 1990
Constitution and the subsequent accompanying legislation abolished the fiscal
autonomy of local authorities and deprived municipalities of having a role in providing
any social services. The breakup of Yugoslavia, wars, the economic embargo and the
hyperinflation of the early 1990s contributed to further fiscal limitations and
additionally worsened local government finance.3 In the mid-1990s, the Milošević
regime started losing its popularity. As the power of the opposition grew at the local
level, the Republic’s politics of centralisation became more aggressive and radical. For
instance, in 1995, the National Assembly adopted the Law on Assets Owned by the
Republic of Serbia,4 which “nationalised” all public property and established a
centralised property management system. De facto, this meant that Serbian local
governments were no longer authorised to manage and dispose of “public” property
without obtaining the central government’s permission. In other words, local
governments in Serbia in the 1990s were basically deprived of both revenues and
property assets, i.e., financial and development instruments.
Immediately after the Milošević regime was overthrown, the new Serbian government
began intergovernmental fiscal reform by amending the Law on Public Revenue and
Public Expenditure5 and the Law on Local Self-Government,6 aimed at increasing
municipal revenues and devolving certain expenditure functions.7 In January 2002, a
new Law on Local Self-Government8 was adopted that additionally increased the share
of local revenues in total public revenues. To summarise, the 2001 and 2002 reforms led
to a significant increase in municipal budgets, almost doubling municipal revenues