european accents in the activity of the commission for the prevention of corruption in slovenia ****...

European accents in the activity of the Commission for the Prevention of Corruption

in Slovenia

****Prepared by:

Jure Škrbec, MAAnti-corruption Officer - Conflict of Interest Oversight Officer

[email protected]

(Bulgaria, 28-29. June 2012)

INTEGRITY. ACCOUNTABILITY. RULE OF LAW.

• Till 2001 not even heard of prevention on corruption and other misbehavior of public servants;

• Till 2004 no laws in this manner– Civil Servants Act; Code of Conducts…

• NO SUPERVISION, NO SANCTIONS (despite disciplinary ones…)

• 2004: Prevention of Corruption Act (2004) - PCA

• Till 2010 no (legal) voice of I N T E G R I T Y

• June 2010: Integrity and Prevention of Corruption Act (2010) - IPCA


L E G I S L A T I O N ON PREVENTION OF CORRUPTION

• GRECO – First evaluation in 2000

• Dissapointing findings– No prevention, no independent anti-corruption bod(y)ies,

– Second evaluation in 2003– Third evaluation in 2007– Fourth evaluation in 2012

• OECD– First evaluation in 2005– Second evaluation in 2007

• UNCAC, IACA (International Anti-Corruption Academy), EPAC (EU partnerts agains corruption), WB, CoE, European Commission, EUPAN (EU Public Administration Network)…

• Commission for the Prevention of Corruption (2004)• Prevention of Corruption Act (2004) - PCA

• Commission for the Prevention of Corruption (2010)• Integrity and Prevention of Corruption Act (2010) - IPCA

Only because of international assessments Slovenia became one

of the role model country in prevention of corruption and establishing and safeguarding

integrity

MAJOR POINTS IN SLOVENIAN HISTORY


COMMISSION FOR THE PREVENTION OF CORRUPTION

Independent and autonomous state body

• Conflict of Interests

• Incompatibility of office and prohibition of membership and activities

• Prohibition and restrictions of receiving of gifts

• Restrictions on busines activities

• Declaration and supervision of assets of officials

• Integrity plans

• Anti-corruption Clause• Lobbying

• Whistleblower protection

• Revolving Doors• Resolution on the prevention of corrupion• Analyzing corruption reports / allegations

MAIN FIELDS ON PREVENTION AND ESTABLISHING INTEGRITY


Subsidiarity of IPCA The provisons of conflict of interests do not apply to procedures in which the exclusion

of an official is regulated in another Act

PURPOSE OF OBLIGATION TO AVOID CONFLICT OF INTERESTS: - promoting and strengthening transparency and “fair play” within the processes and

procedures of exercising public authority, public functions and public affairs.

IPCA institutes aimed at absolute prohibition (prevention) of certain conflict of interests:

- incompatibility of office and prohibition of activities for officials, - restriction of business between public sector institutions and enterprises connected to

officials or their family members.


C O N F L I C T O F I N T E R E S T

according to IPCA regulation – official persons =

officials, high-ranking civil servants, and other public servants, as well as managers, and members of the management and

supervisory boards of public sector entities

•Public sector in IPCA:- state bodies and local communities; - public agencies, public funds, public institutes and public business institutes; - other entities governed by public law, which are indirect user or state or local budget; and- public undertakings and private companies in which a controlling interest or a dominant influence is

held either by the State or a local community.


OBLIGATION TO AVOID CONFLICT OF INTERESTS – WHO?

o Conflict of interest means circumstances in which the private interest of an official person influences or appears to influence the impartial and objective performance of his/her public duties.

o Private interest of an official person means a financial or non-financial benefit which is either to his/her advantage or to the advantage of his/her family members or other natural or legal persons with whom s/he maintains or has maintained personal, business or political relations.

To avoid conflict of interest is primary the obligation of official person, who has to pay attention on every actual or potential conflict of interests and must make every effort to avoid it! Then SUPERIOR and the last CPC


OBLIGATION TO AVOID CONFLICT OF INTERESTS – WHAT?

Official person who finds out that a conflict of interest has arisen or might arise must:

1) immediately inform his/her superior in writing, and if s/he has no superior, the Commission for the Prevention of Corruption (if not, official person can be punished with a fine of not less than 400 and not more than 1200 euro + NAME & SHAME) , and

2) immediately cease to perform any work with regard to the matter in which the conflict of interest has arisen, unless the delay would pose a risk.

The superior or the Commission must decide on the conflict of interest within 15 days and immediately communicate the decision to the official person.

The second (or first) possibility: self-exclusion of official person from the matter in which the conflict of interest has arisen

The purpose and the goal: an official person may not use his/her office or position to advance his/her personal interests or the personal interests of another person.

OBLIGATION TO AVOID CONFLICT OF INTERESTS – HOW?

if there is a possibility that a conflict of interest has arisen in the official conduct (act) of official person, the Commission initiates a procedure for establishing the actual existence of the conflict of interest and its consequences it can be done within two years of the performance of the official acts

In case of establishing conflict of interests, the Commission has the following competences/duties:- to inform the competent authority or the employer of the official person and set

the time limit by which the competent authority or the employer is obliged to inform the Commission of measures taken in this respect, and

- in case of intentional breaking of obligation to avoid conflict of interests, the Commission informs also all other competent authorities;

- Publicly announce such cases


COMMISSION’S PROCEDURE FOR ESTABLISHING CONFLICT OF INTERESTS

• A proffessional officials holding a public office must not be:– engaged in any professional or other activity aimed at generating income:

• Except: pedagogical, scientific, research, artistic, cultural, sports and publishing activities, manage a farm and their own assets

– a member of a company, economic interest grouping, cooperative, public institute, public fund, public agency or other entity governed by public or private law or

– engaged in management, supervision or representation activities of mentioned entities• Except: in societies, institutions and political parties.

• In case of non-proffesional officials – prohibitions are less strict

• Violations: within 30 days he/she must stop with activity– If not – Commission warn him/her or submit to the responsible authority a

request to initiate the procedure for termination of office

(+ fines)INTEGRITETA. ODGOVORNOST. VLADAVINA

PRAVA.

INCOMPATIBILITY OF OFFICE AND PROHIBITION OF MEMBERSHIP AND ACTIVITIES


ABSOLUTE PROHIBITION OF BUSINESS ACTIVITIES:• Public bodies, which operates under the public procurement procedures;

procedures for granting concessions or other forms of public-private partnership, must not – Order goods, services and construction works, enter into public-private

partnership or grant rights – to entetites in which official, who holds position, or his family member, has

following role:• manager, management member or legal representative• has more than 5% level of participation in the management or capital

RELATIVE PROHIBITION OF BUSINESS ACTIVITIES:• In all other procedures;• Obeying conflict of interests provisions

INTEGRITETA. ODGOVORNOST. VLADAVINA PRAVA.

RESTRICTIONS ON BUSINES ACTIVITIES


REVOLVING DOORS - PANTOUFLAGE

• Temporary prohibition of business activity AFTER the termination of office– Within 1 or 2 years,

• Not applay to family members and their entities

• List of subjects and prohibitions

• A contract concluded in contravention of the provisions:– “null and void”– misdemeanour procedures - fines (from 400 – 4.000 EUR)

• SUPERVIZOR - http://supervizor.kpk-rs.si/


RESTRICTIONS ON BUSINES ACTIVITIES


• A functionary / public official must not accept gifts or other benefits relating to the holding of the office, except for – protocol gifts and occasional gifts of low value

• Gifts not exceeding the value of 75 EUR or gifts whose total value in a year does not exceed 150 EUR (if they are received from the same person) shall be regarded as occasional gifts of low value.

• Prohibitions or restrictions also apply to family members of the functionary

• If occasional gifts exceeds the value will become property of state or local community

• Public sector bodies - prohibition of receiving gifts (donations) which could influence on decision making process - If breaching – gift, donation become property of State / Loc. Com.


PROHIBITION AND RESTRICTIONS OF RECEIVING OF GIFTS


• Functionary must submit to the Commission data on:– Personal identification number (PIN)– Tax number– the office he/she holds or activities he/she performs,– his/her entire financial situation.

• Data on the financial situation of the functionary contains data– on his/her entire property and income, i.e.:– on real estate, movable property of high value,– on business stakes and shares in companies and other securities,– on funds deposited in banks, savings banks etc.

• Reporting changes – by 31 January for the previous year

• Analyzing if reported match with real situation– in-depth random checks in assessing the wealth of an individual and compare it with

possibilities to earn such wealth – identification of INEXPLICABLE / ILLICIT WEALTH

• DISPROPORTIONAL INCREASEMENT OF FINANCIAL SITUATION– informing prosecution to secure all assets


SUPERVISION OF THE FINANCIAL SITUATION OF FUNCTIONARIES

• Public bodies, local community bodies, public agencies, public institute, public funds... must adopt integrity plans.

• The integrity plan consist of the measures of legal and practical nature, which eliminate and prevent the possibilities for the occurrence and development of corruption in a body.

• Final report (the plan) contents:– highlights the most risky/vulnerable activities, – with the priority of correction/improvement, – type of improvement, – deadlines, – and who (according to systematisation) is to oversee its implementation

• Methodology was published in the ‘EU Catalogue on Best practices in the field of integrity, anti corruption and administrative measures against organised crime'


INTEGRITY PLANS = risk assessment tools


• Only registered lobbists can perform lobbying

• Persons must register as lobbists at CPC

• Lobbists must report once a year to CPC

• CPC supervises work of lobbists

• Sanctions: – Written reminder– Prohibition of lobbying (term, matter)– Erasure from register


LOBBYING


• Anyone can inform CPC or other competent body about corruption

• The identity of a reporter, who reports a corruption in GOOD FAITH and who reasonably concludes that his personal information is accurate, must not be disclosed or assessed.

• If there exists reason of danger or other threat to/against reporter – such person is protected in the same way as a person whose protection is defined in the Witness Protection Act.

• Public official can report anykind of illegal or unethical behaviour against him, mental or physical violence to his superior (or CPC).– Demand to stop with such activity; if not – pay damage, idemnity, relocation of official to

an equivalent position


WHISTLEBLOWER PROTECTION


• SUPERVISOR – automatisation of detection• Step-by-step approach against conflicts of interest:

– public official – his/her institution– Commission for the Prevention of Corruption

• Whistleblower protection– More accurate and good information

• “Name and shame” technique • Sanctions• Proactive approach – assets declarations • Automatization of work – electronic forms and base (cross-checkings)• Independent and autonomous body for supervision• Resignations

– Minister; General Inspector; etc.

GOOD PRACTICES in CoI

Any Questions?

***

Commission for the Prevention of Corruption

Dunajska 56, Ljubljanat +386 1 400 57 10f +386 1 478 84 72

[email protected]@kpk-rs.si

european accents in the activity of the commission for the prevention of corruption in slovenia ****...

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