I. Corruption Prevention Commission

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1 Contents I. CORRUPTION PREVENTION COMMISSION... 1 II. Office of the State Prosecutor General... 3 III. Court of Audit... 8 IV. Ministry of Finance, Office for Money Laundering Prevention of the Republic of Slovenia V. Ombudsman I. Corruption Prevention Commission The Corruption Prevention Commission (hereinafter: the Commission) is an independent government body independently executing powers and performing tasks set out herein and in other legislation, within the scope of the law and based thereof, with the aim of strengthening the efficiency of application of the rule of law and preventing its threatening by corrupt practice. Some of main competencies of the Commission include coordination of activities for the implementation of the Resolution for the Prevention of Corruption, introduction of integrity plans, following financial assets of Slovenian functionaries, monitoring implementation of the rules on incompatibility of public functions with profit-making activity, limitations concerning business activities of Slovenian functionaries, conflicts of interest, limitations concerning acceptance of gifts. Tasks and powers of the Commission (Integrity and Prevention of Corruption Act, 2010) The Commission: - prepares expert bases for strengthening integrity and for training programmes; - trains persons responsible for integrity plans; - prepares template integrity plans with representatives of the same type entities of public law or their associations;

2 - advises in strengthening of integrity and prevention and elimination of the risk of corruption in the public and the private sector; - monitors and analyses data regarding the situation and accomplishment of the tasks aimed at preventing corruption in the Republic of Slovenia; - monitors affairs regarding international corruption; - performs tasks related to lobbying; - issues opinions in principle, positions, recommendations and explanations regarding the issues related to the contents hereof; - provides for implementation of the resolution on prevention of corruption in the Republic of Slovenia; - prepares amendments to the resolution on the prevention of corruption in the Republic of Slovenia and submits them for discussion to the Government who submits them for adoption to the National Assembly; - gives consent to the plans regarding the implementation of the resolution on the prevention of corruption in the Republic of Slovenia to individual bodies specified in the resolution; - draws attention of the responsible authorities in the Republic of Slovenia to meet the obligations deriving from international documents relating to the prevention of corruption, and issues proposals as regards the method of implementation of these obligations; - cooperates with responsible government bodies in the drafting of legislation relating to prevention of corruption; - monitors implementation of the legislation referred to in the preceding indent hereunder and takes initiatives for their amendments and supplements; - may give opinions on draft laws and other regulations before their discussion by the Government with regard to alignment of draft laws and other regulations with the laws and regulations governing the prevention of corruption and prevention and elimination of conflict of interest; - may submit initiatives to the National Assembly and the Government for amendments to the laws and other regulations falling within the scope of its powers; - cooperates with similar bodies in other countries and international institutions as well as international nonprofitable organisations engaged in the prevention of corruption; - cooperates with scientific, professional, media and non-profitable organisations engaged in the prevention of corruption; - prepares grounds for codes of conduct; - publishes professional literature;

3 - performs against payment expert tasks related to preparation and development of integrity plans and preparation of measures for the prevention of corruption for private sector users; - keeps records in accordance herewith; - performs other tasks set out herein or in other laws. Contacts: 1000 Ljubljana, Trţaška cesta 19/a Phone: , Fax: anti.korupcija@kpk-rs.si Resources: Integrity and Prevention of Corruption Act, 26 May 2010 II. Office of the State Prosecutor General The Office of the State Prosecutor General of the Republic of Slovenia is the highest-ranking prosecutor's office in the country, within which operate supreme and higher state prosecutors, district state prosecutors assigned to the Office of the State Prosecutor General for performing demanding professional tasks, and state prosecutors operating within the group of state prosecutors for the prosecution of organised crime. In appeal proceedings before higher courts in the state, higher state prosecutors represent the appeals of district state prosecutors. In proceedings on extraordinary judicial remedies in the field of criminal law and in the field of civil and administrative affairs, supreme state prosecutors appear before the Supreme Court. The Office of the State Prosecutor General is organised into four departments (the criminal law department, the civil and administrative affairs department, the department of state prosecutor supervision and the appeals department), an expert centre and a legal information centre. In the criminal law department, supreme state prosecutors file requests for the protection of legality in criminal matters concluded as final and in matters relating to offences. They submit

4 responses to requests for the protection of legality filed in procedures by the opposing party, and proposals responding to requests for extraordinary mitigation of punishment. They appear in appeal proceedings in cases where the Supreme Court acts as an appellate court. Supreme state prosecutors assist district state prosecutors in their work by giving legal opinions on demanding matters of law and by highlighting case law. In the civil and administrative affairs department, supreme state prosecutors file requests for the protection of legality against final court decisions in litigious and other civil court proceedings. The prerequisite for filing this extraordinary judicial remedy, which is not at the disposal of parties to the proceedings, is the protection of the public interest, mainly due to the unification of judicial practice in terms of the application of laws and institutes and taking a stand on certain legal issues. Higher state prosecutors in the appeals department at the main office in Ljubljana and three external departments (located in Maribor, Celje and Koper) represent appeals of district state prosecutors before higher courts and, through proposals for appeals of district state prosecutors, their defendants and defence counsels, jointly create legal practice and punishment policy. The department of state prosecutor supervision performs supervision over the work of district state prosecutors. General supervisory examinations are performed every three years with respect to the work of district state prosecutors. The department also carries out partial supervisory examinations with respect to individual cases or the work of an individual state prosecutor. The expert centre provides state prosecutors with expert assistance in other areas of expertise, prepares and carries out education and training activities for state prosecutors and prepares expert groundwork for international cooperation between state prosecutors. The legal information centre is responsible for the development, uniformity and operation of IT support for state prosecutors' offices. The group of state prosecutors for the prosecution of organised crime is responsible for prosecuting the perpetrators of criminal offences in the area of "classical" organised crime and economic crime, terrorism, offences connected with corruption and other offences where

5 detection and prosecution require special organisation and skills, including the entire country when the State Prosecutor General so decides. The Office of the State Prosecutor General decides on disputes over the jurisdiction between district state prosecutors' offices and on transferring territorial jurisdiction to another district state prosecutor's office, where appropriate, to facilitate the completion of the proceedings or for other substantive reasons. The internal organisation of state prosecutors' offices is determined by the State Prosecutor's Order prescribed by the Minister of Justice on the proposal of the State Prosecutor General. The number of posts held by state prosecutors is specified in the Decree on the number of positions of state prosecutors and assistants to state prosecutors. All state prosecutors are appointed by the Government of the RS, and their mandate is permanent. The State Prosecutor General is appointed by the National Assembly on the recommendation of the Government for a period of six years. Contacts: Office of the State Prosecutor General of the Republic of Slovenia State Prosecutor General of the Republic of Slovenia: Barbara Brezigar, Supreme State Prosecutor/Counselor Deputy State Prosecutor General of the Republic of Slovenia: Mirko Vrtačnik, Supreme State Prosecutor/Counselor Secretary General: Gaja Štovičej Trg OF Ljubljana Phone.: Fax: Office of the State Prosecutor General of the Republic of Slovenia: Phone: Fax: State Prosecutors' Council Secretary: Vojka Vidovič, Higher State Prosecutor Phone: Fax:

6 Departments Criminal Law Department Hinko Jenull, Supreme State Prosecutor - Head MSc Andrej Ferlinc, Supreme State Prosecutor Franc Mazi, Supreme State Prosecutor/Counselor Andrej Polak, Supreme State Prosecutor Mirko Vrtačnik, Supreme State Prosecutor/Counselor Nastja Franko, Supreme State Prosecutor PhD Zvonko Fišer, Supreme State Prosecutor Phone: Fax: Civil and Administrative Affairs Department Erika Panjtar Podrekar, Supreme State Prosecutor - Head Cvetka Kozole, Supreme State Prosecutor/Counselor Barbara Knol Drobnič, Supreme State Prosecutor Aleš Butala, Supreme State Prosecutor Phone: Fax: Appeals Department Savica Pureber, Supreme State Prosecutor - Head Marjetka Krevs, Higher State Prosecutor Nada Lovrenčič Rakovec, Higher State Prosecutor/Counselor Vlasta Nussdorfer, Higher State Prosecutor Janez Šinkovec, Higher State Prosecutor Andreja Šarabon, Higher State Prosecutor Phone: Fax: Department of State Prosecutor Supervision Sanja Javor Pajenk, Supreme State Prosecutor - Head Phone: Fax: Expert Centre Silvij Šinkovec, Supreme State Prosecutor/Counselor - Head Phone: Fax:

7 Legal Information Centre Aleš Butala, Supreme State Prosecutor - Head Stane Sočan, District State Prosecutor/Counselor Phone: Fax: Group of State Prosecutors for the Prosecution of Organized Crime Blanka Ţgajnar, District State Prosecutor - Head Alenka Sagmeister Ranzinger, District State Prosecutor Joţe Kozina, District State Prosecutor Dragica Kotnik, Higher State Prosecutor Phone: Fax: Specialize Department Branka Zobec Hrastar, Higher State Prosecutor Head Nikolaja Hoţič District State Prosecutor External departments under the Office of the State Prosecutor General in Celje Head: Franc Hovnik, Higher State Prosecutor/Counselor Phone: Fax: in Maribor Head: MSc Andrej Ferlinc, Supreme State Prosecutor Phone: Fax: in Koper Head: Primoţ Trebeţnik, Higher State Prosecutor/Counselor Phone: Fax: Resources:

8 III. Court of Audit In accordance with the Slovenian Constitution, the Court of Audit of the Republic of Slovenia is the highest body for supervising state accounts, the state budget and all public spending in Slovenia. The Constitution further provides that the Court of Audit is independent in the performance of its duties and bound by the Constitution and law. The Court of Audit Act also defines that the acts with which Court of Audit exercises its powers of audit cannot be challenged before the courts or other state bodies. Powers and Obligations The Court of Audit Act provides that the Court of Audit may audit any act on past operations as well as the act on the planned operations of public fund users. Pursuant to the Act a user of public funds is: a public law entity, or a unit thereof; a private law entity, if it has received aid from the budget of the European Union, the state budget or the budget of a local authority; it is a concession-holder; it is a company, bank or insurance company in which the state or a local authority has a majority stake; a natural person who has received aid from the budget of the European Union, the state budget or the budget of a local authority; is carrying out a public service or securing public goods on the basis of a concession. In accordance with the Court of Audit Act the auditing of operations means obtaining appropriate and sufficient data in order to express an opinion on operations: auditing the regularity of operations means obtaining appropriate and sufficient data in order to express an opinion on the conformity of operations with the regulations and guidelines which the user of public funds must follow in its operations;

9 auditing the efficiency of operations means obtaining appropriate and sufficient data in order to express an opinion on cost-effectiveness, an opinion on efficiency or an opinion on the success of operations. An opinion on operations given by the Court of Audit must be taken into consideration by every state body, local authority body and user of public funds to whose operations the opinion refers. One of the tasks of the Court of Audit is to provide advice to the public fund users. In addition to powers the Court of Audit also has obligation which are determined by the Court of Audit Act, as well as a number of other laws and regulations, such as the Political Parties Act and the Election Campaigns Act. In accordance with the Court of Audit Act every year the Court of Audit must audit: the regularity of the implementation of the state budget (the regularity of the operations of the state), the regularity of the operations of the public health insurance institute, the regularity of the operations of the public pension insurance institute, the regularity of the operations of a suitable number of city and other municipalities, the operations of a suitable number of commercial public service providers, the operations of a suitable number of non-commercial public service providers. The Court of Audit must submit an annual report on its work to the National Assembly every year. Organisation The Court of Audit of the Republic of Slovenia has three members: a president and two deputy presidents. They are appointed for a term of nine years on a proposal from the President of the Republic by the National Assembly by majority vote of all the deputies in a secret ballot. The President and the two Deputy Presidents form the Senate of the Court of Audit. Members of the Court of Audit may only be dismissed from office before the end of their term in the cases set out in the Court of Audit Act. This Act also lays down the procedure for their appointment and dismissal, as well as the special conditions which they must fulfil in order to ensure that the tasks are carried out professionally and impartially. The office of Member of the Court of Audit is incompatible with the holding of office or any other

10 inclusion in the work of other state bodies and local authorities, with the holding of office in the bodies of political parties or trade unions, with the exercise of public powers of any kind, with membership of the management and supervisory bodies of commercial services, commercial public services, funds, institutes and co-operatives, and with the pursuit of any profession or gainful activity which under the law is incompatible with the holding of public office. In addition to the Members the Court of Audit also has a maximum of six Supreme State Auditors, who head the audit departments and Secretary of the Court of Audit, who head the support services. They all have the status of public officials. They are appointed by the President of the Court of Audit for a term of nine years. Members, Supreme State Auditors and Secretary of the Court of Audit may stand as candidates for the same office several times without restriction. The Court of Audit is represented and headed by its President, who simultaneously holds the office of State Auditor-general. In November 2010 there were 133 employees at the Court of Audit, of whom 70,7 per cent carry out the tasks related to auditing of public funds. The members of the Court of Audit are: Dr Igor Šoltes, President of the Court of Audit Tomaţ Vesel, First Deputy President of the Court of Audit Zoran Mladenovič, Second Deputy President of the Court of Audit Supreme State Auditors are: Dr Tina Erţen Samo Jereb Dr Miroslav Kranjc Jorg Kristijan Petrovič, MA Mojca Planinšek, MA Valenka Suhadolnik, MA

11 Secretary of the Court of Audit: Lidija Blaha Contacts: Slovenska cesta Ljubljana Slovenija phone: +386 (0) fax: +386 (0) E mail: sloaud@rs-rs.si Court of Audit of the Republic of Slovenia, Maribor Office Ulica heroja Bračiča Maribor Slovenija phone: +386 (0) fax: +386 (0) Resources: Court of Audit Act IV. Ministry of Finance, Office for Money Laundering Prevention of the Republic of Slovenia The Office for Money Laundering Prevention is a constitutive part of the Ministry of Finance which started operating on 1 January It is performing duties referring to the prevention and detection of money laundering and terrorist financing, and other duties determined by the Act on the Prevention of Money Laundering and Terrorist Financing (Official Gazette of the Republic of Slovenia No. 60/2007).

12 Duties and competencies of the Office for Money Laundering Prevention (1) The Office shall perform duties relating to the prevention and detection of money laundering and terrorist financing, and other duties as stipulated by this Act. (2) The Office shall receive, collect, analyse and forward data, information and documentation obtained in accordance with the provisions of this Act. (3) All data, information and documentation from personal data records shall be forwarded to the Office under this Act free of charge. The Office is made up of the management and 5 organisational units, namely: Section for prevention and supervision Section for suspicious transactions Analysis service Information technology service International cooperation service Contacts: Ministry of Finance Office for Money Laundering Prevention Cankarjeva 5, p.p.1696 SI-1001 Ljubljana Slovenia P: F: E: mf.uppd(at)mf-rs.si

13 Andrej Plausteiner, Director phone: fax: andrej.plausteiner(at)mf-rs.si Resources: Prevention of Money Laundering and Terrorist Financing Act 2007 V. Ombudsman The Human Rights Ombudsman of the Republic of Slovenia is a constitutional category that does not fall under the executive, judicial or legislative branch of authority. The Ombudsman is therefore not part of any mechanism of authority, but rather acts as an overseer of authority since as an institution it restricts its capricious encroachment of human rights and fundamental freedoms. The Ombudsman is in his work not only limited to handling direct violations defined as human rights and freedoms in the constitution, moreover, he may act in any case whatsoever dealing with a violation of any right of an individual arising from a holder of authority. He can intervene also in the case if unfair and poor state administration in relation to the individual. If the aforementioned is considered, it can have a significant impact on the development and increase in legal and administrative culture between holders of authority and the individual. Any person who believes that his/her human rights or fundamental freedoms have been violated by an act or an action of a body may lodge a petition with the Ombudsman to start the proceedings. The Ombudsman may also institute the proceedings on his own initiative. Human rights ombudsman is in relation towards the state bodies, autonomous and independent agency.

14 In accordance with the law, the Human Rights Ombudsman regulates its organisation and work in rules and regulations and other general enactments. In the rules and regulations the ombudsman has provided that a service of the Human Rights Ombudsman is organised within the Office of the Human Rights Ombudsman, which is headed by the general secretary of the ombudsman. Organizational structure The ombudsman, deputy ombudsmen, officials and authorised employees of the office of the ombudsman have office identity cards. These cards bear a photograph and contain details of the holder and what the holder is authorised for. The office of the ombudsman comprises the expert service of the ombudsman and the service of the general secretary. The Secretary General shall decide on the use of funds for the work of the Ombudsman Bureau. The Secretary General shall be responsible for her/his work to the Ombudsman. The director of the Expert Service or some other official appointed by the Ombudsman shall deputize for the Secretary General in her/his absence. The matters falling within the jurisdiction of the Ombudsman are divided into fields, which are specified by the Ombudsman taking into account the subject related problems, organizations and types of procedures before the state bodies and other bodies, for which he is empowered and the consistency of expert fields. Contacts: Human Rights Ombudsman of the Republic of Slovenia Dunajska cesta 56 (4th floor) 1109 Ljubljana

15 Telephone: Freephone: Fax: Resources: