siac 2019 short intensive academic course - sippas.eu...institucije bih apiktim vlade fbih...
TRANSCRIPT
SIAC 2019 Short Intensive Academic Course
PHYSIONOMY AND POWERS OF
NATIONAL/LOCAL ANTI-CORRUPTION AUTHORITIES
MODULE 5
Generally . . .
X + Y =
Generally . . .
Generally . . .
Article 5. Preventive anti-corruption policies and practices
1. Each State Party shall, in accordance with the fundamental principles of its legal system, develop and implement or maintain effective, coordinated
anti-corruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public
property, integrity, transparency and accountability.
Generally . . .
Article 5. Preventive anti-corruption policies and practices
4. States Parties shall, as appropriate and in accordance with the fundamental principles of their legal system, collaborate with each other and with
relevant international and regional organizations in promoting and developing the measures referred to in this article. That collaboration may include participation
in international programmes and projects aimed at the prevention of corruption.
Generally . . .
Article 6. Preventive anti-corruption body or bodies
1. Each State Party shall, in accordance with the fundamental principles of its legal system, ensure the existence of a body or bodies, as appropriate, that
prevent corruption. . .
Generally . . .
BH perspective L a w on the Agency for the Prevention of Corruption and the
Coordination of the Fight against Corruption
Article 4 (Establishment of the Agency)
This Law shall establish the Agency for the Prevention of Corruption and the
Coordination of the Fight Against Corruption in order to prevent the impact of corruption on the development of democracy and respect for the fundamental human rights and freedoms, as well as the impact undermining the economic
development of Bosnia and Herzegovina, and all other forms of impact on social values, as well as for coordination of the fight against corruption.
BH perspective
TO IDENTIFY AND ELIMINATE ANY
CAUSES OF CORRUPTION
TO DETER PERSONS FROM COMMITTING
CORRUPTION TO IMPROVE THE
LEGAL FRAMEWORK FOR CORRUPTION
PREVENTION
TO ENCOURAGE THE CIVIL SOCIETY PARTICIPATION IN
PREVENTING CORRUPTION
TO RAISE PUBLIC
AWARENESS
TO EDUCATE THE SOCIETY ABOUT THE CAUSES AND EFFECTS OF CORRUPTION
TO PROMOTE TRANSPARENT AND ACCOUNTABLE ACTIVITIES OF BH
AUTHORITIES
Purposes of the establishment
Article 22 (Obligation to develop policies)
The entities, cantons and the Brcko District of Bosnia and Herzegovina shall adopt and develop an anti-corruption strategy as well as the action plan in
accordance with the general principles defined in the National Anti-Corruption Strategy.
BH perspective L a w on the Agency for the Prevention of Corruption and the
Coordination of the Fight against Corruption
BH perspective
5 Pillars
1 2 3 4 5
BiH Anticorruption Strategy 2015 - 2019
Establishment and
strengthening of institutional
capacities and improvement of the normative
framework
Development, promotion and
implementation of preventive
anticorruption activities in the
public and private sector
Improvement of effectiveness
and efficiency of the judicial
institutions and bodies for law enforcement in the area of fight
against corruption
Raising public awareness and
promotion of the need for the
participation of the entire society
in the fight against corruption
Establishment of efficient
mechanisms for coordination of the fight against
corruption, as well as monitoring and evaluation of the
AC Strategy
226
1370 Prevention
Transparency
Represion
Institutional capacities
Legislative framework
Accountability SECTORIAL APPROACH
Article 23 (Obligation to designate bodies in charge of preventing corruption)
(1) The entities, cantons and the Brcko District of Bosnia and Herzegovina
may designate a new or an existing administrative structure that will be in charge of preventing corruption, developing and implementing
the anti-corruption strategy and the action plans in the relevant entity or the Brcko District of Bosnia and Herzegovina as appropriate.
2) The designated structures shall closely cooperate with the Agency in
order to ensure a timely and efficient implementation of the coordinated anti-corruption policies.
BH perspective L a w on the Agency for the Prevention of Corruption and the
Coordination of the Fight against Corruption
Level Strategy Action
Plan
Body for the Prevention
of Corruption
BH ☒ ☒ ☒
FBiH ☒ ☒ ☒
RS ☒ ☒ ☒
BD BiH ☒ ☒ ☒
Sarajevo Canton ☒ ☒ ☒
Una-Sana Canton ☒ ☒ ☒
Srednjabosna Canton ☒ ☒ ☒
Tuzla Canton ☒ ☒ ☒
Zenica-Doboj Canton ☒ ☒ ☒
Canton 10 ☒ ☒ ☒
Bosna - Podrinje Canton ☒ ☒
Posavina Canton ☒ ☒ ☒
Hercegovina - Neretva Canton ☒ ☒ ☒
Zapadna-hercegovina Canton ☒ ☒
Total 13 13 14
Analytics / Statistics
TIM-KOMISIJA RS TIM USK
TIM ZDK
TIM SBK
TIM TK
TIM ZHK
TIM PK
INSTITUCIJE RS
INSTITUCIJE KS
INSTITUCIJE ZDK
INSTITUCIJE TK
INSTITUCIJE BPK INSTITUCIJE ZHK
INSTITUCIJE K10
INSTITUCIJE PK INSTITUCIJE SBK
PRIVATNI SEKTOR
MEDIJI
LOKALNI NIVO - OPŠTINE
TIM-KOMISIJA RS
INSTITUCIJE RS
INSTITUCIJE KS
INSTITUCIJE ZDK
INSTITUCIJE K10
Chaos
Article 24 (Mandatory cooperation with the Agency)
1) In the performance of the tasks falling within its responsibility, the Agency
shall cooperate with other institutions and agencies at all levels, public services and other bodies with public authorizations.
2) The institutions and agencies at all levels, public services and other bodies with public authorizations shall have the obligation to cooperate with the
Agency, and furnish all required data and information at the request of the Agency.
BH perspective L a w on the Agency for the Prevention of Corruption and the
Coordination of the Fight against Corruption
INSTITUCIJE BIH
APIK TIM VLADE FBIH TIM-KOMISIJA RS
TIM KS
TIM USK TIM ZDK
TIM SBK TIM TK
TIM K10
TIM HNK
TIM PK
TIM BPK TIM BD BIH
INSTITUCIJE FBIH INSTITUCIJE RS
INSTITUCIJE BD
INSTITUCIJE KS
INSTITUCIJE USK INSTITUCIJE ZDK
INSTITUCIJE TK
INSTITUCIJE BPK INSTITUCIJE K10
INSTITUCIJE HNK
INSTITUCIJE PK
INSTITUCIJE SBK
PR
IVA
TE
SEC
TOR
CSO
AC
AD
EMIA
MEDIA
LOCAL LEVEL
TIM ZHK
INSTITUCIJE ZHK
Sinergy
Sinergy
CSO Involvement
SECTORIAL APPROACH
INSTITUTIONS
BODIES FOR THE PREVENTION OF CORRUPTION
CSO
Cooperation/support
Structures APIK/bodies/ institutions
Coordination
Meetings/ Conferences/ Joint activities
Training/ Education
Seminars/ workshops/ study
visits
Legislation
CoI/WBP/ Establishment of the
structures
Strategies
Proactive-monitoring/ Strategic planning/
Implementation
Prevention
Ethics and integrity/etc.
CSO involvement
Joint activities /watch-dog function/etc.
Prevention Corruption system
DECLARATIVE SUPPORT TO THE AC EFFORTS
LACK OF FINANCIAL AND OTHER RESOURCES
COMPLEXED SYSTEM AND
COORDINATION
LACK OF PUBLIC SUPPORT
INSUFFICIENT INDEPENDENCE AND
COMPETENCE OF THE IMPLEMENTING ENTITIES
PROBLEMS / RISKS ....
VISIBLE
EFFORTS Vs.
INVISIBLE
RESULTS
VISIBLE EFFORTS
Vs.
INVISIBLE RESULTS
THANK YOU!!!!!