Priorities in fight against corruption 2014-2018
Recognizing fully the fact that fight against corruptionmeansimplementing of activities that depend minimally on particular political programs and much more on implementation of widely accepted provisions and mechanisms for fight against corruption recognizing possible ideological and other differences between political actors, National Anticorruption Strategy, estimations of relevant international organizations and estimations of Serbian citizens and businessmen, Transparency – Serbia (domestic non-governmental organization and official chapter of global anticorruption network Transparency International), suggests to future Government and National Assembly to include into their program of activities following bullets, and all political entities that participate in parliamentary elections in March 2014 to accept them as their own or to state reasons why they oppose to stated stand points and proposed activities:
1.Preserving of legal system unity and legal safety:it shouldn't happen that the Government suggests, Parliament adopts or that President of the Republic declares laws if they received reasoned warning that it is contrary to Constitution; therefore, it shouldn't happen to be suggested, adopted or declared laws that bring confusion into legal system by being in collision with previously adopted laws; Government shouldn't adopt any regulation contrary to the law nor to regulate through their decisions matter that could be regulated only with law. State officials shouldn’t create doubts on legal nature of state business and on whether contracts and agreements were already signed, especially in arrangements with potential investors.
2.Greater transparency and participation in decision making process:it should never occur that the Government suggests law that hasn't passed the process ofpublic debate,with reasonable period for submission of prepositions, obligation of considering specific suggestions submitted and rationale why the prepositions were accepted or not. To accomplish this goal Law on State Administration, Government’s Rules on Procedure and other regulations should be amended. Parliament should cease with mal practice, that endangers Constitutional rights, of non-considering draft laws submitted as peoples initiative or by opposition deputies and to determine deadline in which such drafts should be introduced into the agenda.Lobbyingshould be legally regulated and made transparent whether it is intended to executive organs or to deputies.Minutes and discussions for Government’s sittingsshould beregularly published - along withelaborationof decisions on appointments, resolving and proposing of candidates - and the Parliamentary web pageshould publish all amendments received and reasons for accepting or refusing amendments; process of negotiating and transparency of information regarding signing of international agreements and credit arrangements should be legally regulated, so that deputies can perceive whether potential benefits are greater than damage that occurs due to lack of implementing public procurement and public-private partnership regulations.
3.Caution with regulatory and financial interventions.Each regulatory and financial state intervention, especially when it affects economy,creates increased danger of corruption. Therefore, these interventions should be madeonly when necessary and measures for corruption prevention should be provided(e.g. determining of clear criteria for assets division, publishing of information on decisions, supervision over their implementation). Among other, reform of regulations for removing of procedures that burden economy and citizens should be continued,practice of privileging certain business entitiesthrough absolving or taking over of their debts should beterminatedandclear calculation of possible benefits from financial incentivesthrough state aid versus expenses of such aid, should be published.
4.Strategic approach in fight against corruption.Assembly should regularly monitor implementing of Anticorruption Strategy, on the basis of Anticorruption Agency report, to initiate procedure for amending Strategy and Action Plan for provisions that are not complete or to poorly formulated activities but also to holdheads of organs accountable for disregarding of activities’ implementation. Besides that, implementation or amending of other significant, already adopted strategic documents – e.g. Strategy of Public Procurement System Development, Strategy for Public Administration Reform etc., should be supported. Government shouldn't proceed contrary to strategic acts, that have adopted or proposed itself – if they are supposed to be only non-binding documents, intended only for display to domestic and international public, it is better not to invest energy in their adoption.
5.Reform of public sectorshould comprehend, among other, following measures: adopting of Ministries’ Law that promotes division of jurisdiction exclusively for maximizing work efficiency and not to satisfy coalition partners’ needs and decreasingnumber of Government members; decreasing of total number of employees in public sector, that is heavily consequence of party employment, compared to average in European countries of similar size and possibility of budget financing; termination of practice ofpublic sector increasewith unnecessary relocation of public administration activities into public agencies and organizational forms of unclear legal status; reassessing of current positions in systematizations acts and theirharmonization withrequisiteof organs for implementing of legal tasks and not with current status; introducing ofclear and objective criteriafor hiring and promotion, as well as reassessing expertise of currently employed; introducing of measures for resolving of conflict of interest with municipality servants, in public services (health, education etc.), in organizations of obligatory social insurance (Health and Pension Fund, National Employment Office) and in public enterprises; appointing of public enterprise and public service managementon the basis of vacanciesand quality of proposed agenda; regular considering public enterprises’ plans and reports on work and introducing accountability for missing to publish or implement them; strengthening of organs that perform supervision inside executive branch, and especially ofbudget inspection.
6.Full respect and strengthening of independent bodies' position in fight against corruption.As one of the first tasks, new Parliamentary convocation shouldconsider thoroughly annual reports on workof State Audit Institution, Ombudsman, Anticorruption Agency, Commissioner for Information of Public Importance and Protection of Personal Data and Republic Commission for Protection of Bidders' Rights (deadline will expire during election campaign),to commit the Government to resolve problems identified in these reports(e.g. disregarding of obligatory decisions, insufficient authorities, insufficient records on state property indicated by the SAI). Among other, amendments to Law on Ombudsman and Law on Free Access to Information proposed by the previous Government, in 2008, should be adopted, and to amend Anticorruption Agency Law on the basis of recommendations of that institution.
7.Amending of media regulation to provide complete termination of practice of buying media influence or wasting public resourcesthrough spending money on promotional activities of public enterprises, ministries, provincial and local authority organs. Clearlegal regulation of media financingand programs financed by any authority level, securing transparency of media ownership and of other data that can indicate to possible influence to editorial policy.
8.Providing of Public Procurement Law full implementation that should decrease corruption in all three phases (planning – procedure implementation – contract execution), through strengthening capacity of organs that perform supervision over its implementation, greater transparency of all data on budget spending,using of electronic procurements and termination of practice to implement largest infrastructural project without implementation of this law.
9.Finalization of judiciary reform.It is necessary to establish practice of publishing data on method that is going to be used for criteria implementationfor election and evaluation of judges and prosecutors in each specific case (e.g. data on scoring of candidates by prescribed criteria, if they exist), so that candidates and public could get impression based on arguments why certain candidates haven't met the requirements for election to function, or how were the chosen candidates better than the others. Government, Parliament and politicians shouldn’tinterfere into work of judiciary organs neither by preventing criminal charges, nor by asking for certain criminal act to be prosecuted.Accountability of judges and public prosecutors, along with members of SJC and SPCshould be provided, with changing regulation where necessary.
10.Greater number of reported and investigated cases corruption.Having in mind that main problem in fight against corruption in Serbia is small percentage of reported criminal acts, it is necessary to undertake measure to change that. Primarily, it is necessary to adoptLaw on Protection of Whistleblowers,to encourage people to report corruption to authorized organs. Related to this, it is also necessary to prescribe, instead of optional exemption from sentence, necessaryreleasing of criminal responsibilityof briber that was forced to it and who reports the case. Other necessary measure isactive approachin corruption investigations by the police, prosecutions and other organs – existence of possible corruption should be investigated even before receiving of criminal charge – e.g. by reading publicly available reports (e.g. reports of SAI) but also on the basis of already determined patterns of behavior (e.g. on the basis of data on misuses of construction land in one city practice in other city that implements same regulations should be investigated). Third set of measures comprehendsamendments to criminal legislationfor more efficient corruption revealing (e.g. introducing of „illegal enrichment“ from the article 20 of UNCAC),using of mechanisms for cross check of property and incomesby Tax Administration, specifying of authorities and obligations of the Anticorruption Agency forverification of validity and completeness of property and incomes of public officials dataand wider use ofnecessary investigative techniquesin discovering corruption, in compliance with the law.
11.Clear and comprehensive plans of activities and reports on work.Parliament should ask from the Government to deliver annuallydetail report on work and to scrutinize final budget account after the audit. Government shouldcarefully scrutinize plans of activities and reports on work of public enterprises and ofother institutionsand to share results of such scrutinizing with public.
12.Clear division of jurisdiction and authorities between state anticorruption organs. Especially important is to organize matter of Governmental Anticorruption Coordinator, if there is such intent to keep this concept in future, resolving overlap of jurisdiction between police Service for Fight Against Organized Crime and Corruption and intelligence services, determine clear command hierarchy and securing that investigation of largest corruption cases is done by permanent services, having in mind that it is not an ad-hoc work that can be ended after finalization of investigations on 24 claims from Anticorruption Council’s previous reports.
13.All political parties and coalitionsshould timelysubmitreports on election campaign financingfor parliamentary and local elections, to support implementation of through control of these reports and implementation of legal measures against potential violators. respecting of regulations during the election campaign should be monitored by Anticorruption Agency (related to campaign financing and activities of public officials), Republic Broadcasting agency (related to violation of equal representation in media), State Audit Institution (related to use of public resources during the election campaign), public prosecution (related to abuse of public resources and bribing for votes) and Fiscal Council (related to election promises that can influence fiscal balance)
14.Change of Constitutionis necessary for accomplishing of more efficient fight against corruption, among other also, for narrowing of excessiveimmunityfrom criminal prosecution, for lowering number of MPs, regulating of status ofindependent state organs, setting up of barriers forviolation of rules on disposing with public finances, termination ofarticle102 paragraph 2that envisages possibility for MPs to transfer to political parties „right of disposing with mandate“, better regulation for resolvingconflict of interestand giving of firmer guarantees fortransparency of authority organs' work.