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!!!!!