Law on Anticorruption Agency Coming Soon

The working group the Justice Ministry formed at beginning of December 2007 has completed an Anti-Corruption Agency Bill, and the document will be open for a round table public debate on Feb. 29, to which all relevant experts in combating corruption have been invited. The draft has also been forwarded to the European Council for expert assessment, while it is expected to be adopted by the government in March and put up for parliamentary debate. The idea is to have the law passed this spring and for it to take effect on Jan. 1, 2009. The working group which composed the document was lead by Assistant Justice Minister Slobodan Homen.

What is Serbia's goal in creating an Anti-Corruption Agency?

Fighting corruption is one our society's main issues and it should be dealt with systemically. The best way to do this is to create an independent institution which will both coordinate the struggle against corruption and be its key instrument. The previous government had already adopted a bill, but the new cabinet withdrew it from parliamentary debate. The Justice Ministry then formed a group of experts from non-government organizations and associations, which undertook reworking the bill. We've put together a legal draft which is good and practically applicable, and have forwarded it to the European Council for expert assessment because we want the law to be in complete accordance with European standards.

Why is it important that the law be adopted as soon as possible?

Aside from [the law] being beneficial for the country itself, Serbia also has international responsibilities, primarily toward the European Council, i.e. GRECO. Serbia has received 25 recommendations from the European Council, which are to be fulfilled in combating corruption. Based on our analysis, we've already met half of them, but will not be able to meet the other half without an Anti-Corruption Agency. We expect that the state will submit a report on what has been achieved in October. We hope that the passing and implementation of this law will bring us closer to the standards of the modern world.

What authority will the Agency have?

The Anti-Corruption Agency Bill deals with several fields. One of them is monitoring the financing of political parties, which so far may have been the country's greatest problem. There is also the issue of conflict of interest of public officials, and determining their responsibilities toward the law. According to the bill, the Agency will become the chief institution for guiding the government in fighting corruption.

What are the advantages of this draft over the previous bill?

The bill has defined the misdemeanor proceedings for pronouncing sanctions for both state organs and officials. The law is practically applicable because it entails serious sanctions. Officials can be fined, which is a significant change with respect to the old bill. The Agency will be impartial and will be composed of capable, responsible people.

How has the bill organized the management of the Agency?

We've suggested that the Steering Committee be composed of members of the People's Assembly's Administrative Council, the government, the Supreme Appellate Court, the State Auditing Agency, the Socio-Economic Council, the Serbian Bar Association, and the Serbian journalists' associations. The People's Assembly will choose one representative each from the list of three, submitted by each institution. If the Assembly fails to elect a candidate within 90 days, the law allows each institution to choose its representative. Thus the Steering Committee is formed.

The Agency, by the way, should begin full-scale operation as of Jan. 1, 2009. Of course, another detail should also be noted -- the financial prerequisites for its operation. We don't have the necessary funds from this year's budget, so in the meantime, until the Agency starts work, we will elect its steering committee and director. With the budget revised, the funds for the Agency could be made available as soon as October. Also necessary are office space and administrative support. We expect it will employ at least 30 professionals, but only time will determine the exact number of people necessary for the Agency's efficient operation.

What measures are envisaged in case the law is breached?

Individuals that violate the law can be subject to a warning or a public recommendation for their removal from office can be issued. When an official has been chosen directly by the people you cannot remove him or her from office because he or she was elected in a popular vote. All that can be done in such a case is to make his or her breach of law public. On the other hand, if the person in question is a member of the cabinet, the recommendation that he or she be removed from office can be publicly announced. The Agency submits an initiative for this measure, and the state organs which have appointed that individual are obliged to confirm the removal to the Agency within 60 days.

What is the difference between the Agency and existing anti-corruption organs?

The Committee for Preventing Conflicts of Interest and the Anti-Corruption Council have no way or right to impose the proper sanctions. That's why most problems were solved by certain recommendations, without any concrete action. This law will allow sanctions to be pronounced. I think that in practice it will become clear that this agency is in charge of the executive and operative fight against corruption, while the Council, as it name suggests, will retain its advisory role.

How many officials will be bound by this law?

There are two groups of officials which will be affected by this law, and they differ in how their positions can be abused. One group of officials is required to report their property and each year submit a property report, while the Agency will have the right to request reports from the other group if necessary or if there is suspicion that a given law has been violated. Such a solution has been chosen because the total number of officials in the country is 50,000, and not all of them have the same opportunities to abuse their office. The social danger and significance of, say, the state secretary of a ministry abusing office is not the same as in the case of a daycare board member. Still, the possibility of abuse exists everywhere, which is why their property will be annually monitored, or monitored at the request of the Agency.

What prohibitions does the bill envisage?

The bill prohibits function overlap, and this caused us a number of problems. For instance, you may be a member of the People's Assembly or the government, but at the same time of several managing boards. Such overlap was previously allowed and opened the door to corruption. The new bill clearly defines who can be a member of what organ, as well as which memberships preclude one another. In the past, we often saw various officials decide arbitrarily what institutions they can or cannot participate in. This was often the topic of newspaper articles. This law is very precise and provides no room for offhand interpretations. It stipulates that a member of parliament cannot be a member of any managing board.

What is the maximum value of gifts which officials will be allowed to accept?

Gifts worth up to five percent of the average [monthly] net income are deemed acceptable, which is some 2,000 dinars. So gifts that officials will be allowed to accept will be solely symbolic, and there is simply no room for abuse. A gift, for example, can be a planner, a pen, and that's that. Each gift must be reported to the Agency. This goes for all state organs. Not to report a gift will constitute a violation of law and may lead to certain sanctions.

Does the law prohibit officials from using public resources for private purposes?

The law, for instance, prevents officials from taking a vehicle belonging to the local government and using it for campaigning. On the other hand, the law does not interfere with the questions of officials' safety, and those officials legally entitled to protection can use state resources to that end. All other officials who have not been given police protection have no right to use such state resource. This is practically the first time that a law has dealt with this particular issue.

Is there any possibility for members of parliament to change the law through amendments and thus make it less restrictive?

This is one of the key laws in fighting corruption and it will put to the test the willingness of political parties to make a step forward. The bill in no way interferes with the rights of political parties, nor does it do so with democracy or human rights. It simply prevents corruption and we are confident that no political party will have anything against it. If not, any changes to the law and responsibility for making it less restrictive will be paid for by political parties at the elections. That is why it is very important that a large-scale public debate be held, and that citizens take part in approving the law so that a social consensus is reached regarding the document.

Will the Agency's operation be made public?

Everything the Agency does will have to be made public. The Agency will set up news conferences, [and] have a web site were certain information will be published, according to the law. The Agency will keep records of what information has and has not been made public, because it is very important that abuse of the institution itself be prevented. We have no interest in making some kind of secret police which would deal in blackmail. This means that non-public information cannot be used for any other purpose than determining whether the law has been breached. Just as officials will be hindered in abusing their office, so they must too be protected from abuse. The idea is for the Agency to operate completely transparently, for it to be an example for society. All sanctions it pronounces will be published in the Official Gazette.