INSTITUTIONAL FRAMEWORK FOR FIGHTING CORRUPTION

Transcription

1 RACVIAC SE EUROPE Centre for Security Cooperation RAI Regional Anti-Corruption Initiative with Transparency International and UN Office on Drugs and Crime Building Integrity and Reducing Corruption in Security Sector Rakitje, May INSTITUTIONAL FRAMEWORK FOR FIGHTING CORRUPTION Marin Mrčela. LL.M. Justice, The Supreme Court of the Republic of Croatia Vice President of the GRECO Group of States Against Corruption

2 Outline 2 Introduction Institutions International standards GRECO Conclusions

3 Introduction how to fight? 3 Multidiscipline strategies with social consensus International unified standards adjusted to particularities of circumstances Fields: Public sector, codes of conduct, judiciary, Public administration, procurement, finanices Private & Corporate section, NGO, Civil society Specialized Agencies

4 Institutions: 4 Local Police, prosecutor, judges, Commissions, Ombudsman Government, NGO etc. International OECD, WB, IMF, OAS, GCA, APEC, WTO, ICC TI, Soros Foundation, TAF, IRIS, NDI, IRI CoE - GRECO

5 Standards: 5 UNCAC (2003) UN Convention against Transnational Organized Crime (2003) The Twenty Guiding Principles for the Fight against Corruption (1997) The Criminal Law Convention on Corruption (1999) The Civil Law Convention on Corruption (1999) Codes of Conduct for Public Officials (2000) Funding of Political Parties (2003)

6 Standards 2: 6 Convention on the fight against corruption involving officials of the EC or officials of Member States of the European Union Convention on the protection of the EC financiali interests + protocols OECD Convention on combating bribery of foreign public officials in international business transactions

7 GRECO Intl. monitoring mechanism: , CoE 46 members Without Lichtenstein, San Marino, Belarus, but with USA Open to memeber and no-member states Task monitoring the observance of CoE s international legal instruments on corruption

8 Greco monitoring what? 8 20 GP catalogue of measures: Awareness of corruption, transparency in public administration, independence and specialization of authorities, criminalization of corruption, proceeds of corruption, legal persons, immunity, media, research etc. CLC wide scope to combat corrupt practice through criminal law + MLA

9 Greco monitoring what? (2) 9 Civil LC civile remedies & and law measures, compensation, whistleblowers Model Code of Conduct for Public Officials Rec. 2003/4 funding of Political Parties Transparency Supervision Sanction

10 Greco monitoring how? 10 Mutual evaluation & peer pressure Follow up mechanism Procedure: Evaluation; what to evaluate, questionnaire, GET Country visit, Evaluation reports Recommendation, compliance, publication

11 GRECO 1st Eval Round 01/01/ /12/ Themes (from 20 GP): P 3: independence and autonomy of persons in charge of the prevention, investigation, prosecution and adjudication of corruption offences P 6: to limit immunity from investigation, prosecution or adjudication of corruption offences P 7: promotion of the specialization of persons or bodies in charge of fighting corruption

12 12 GRECO 1st Eval Round 01/01/ /12/2002 Findings main field for improvements: Substantive law Implementation of adopted d legislation l i General topics important for the fight against corruption

13 GRECO 2nd Eval Round 01/01/ /12/ Themes (20 GP + CLC): Proceeds of Corruption Public Administration and Corruption Legal Persons and Corruption

14 14 GRECO 2nd Eval Round 01/01/ /12/2006 Findings main field for improvements: MLA mechanism effectiveness Conflict of Interest Pantouflage/Revolving doors Whistleblower s protection Responsibility of legal persons

15 GRECO 3nd Eval Round 01/01/ /12/ Themes: Incriminations; CLC + Additional Protocol to CLC + P 2 from 20 GP (Criminalization of Corruption) Transparency of Party funding (Rec. 2003/4) Findings -?

16 Conlusion: 16 Corruption is a real international and transnational problem (not a myth) Affirmation of the moral values, living standard increase Implementation of intl. standards democracy, transparency, rule of law Education Media

17 Thank you for your attention and patience! Marin Mr8ela, LL.M marin.mrcela@vsrh.hr Mr8ela