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The Government of the Republic of Serbia

In the service of citizens

Bill on Anti-Corruption Agency important for EU integration

Belgrade, 11 September 2008

Serbian Minister of Justice Snezana Malovic said that the bill on the Anti-Corruption agency adopted by the government today is important for Serbia’s EU integration and shows that the government wishes to address the problem of corruption efficiently.

Snezana Malovic

Speaking at a press conference, Malovic said that the government unanimously adopted the bill and First Deputy Prime Minister and Minister of Interior Ivica Dacic accepted the bill presented by the Justice Ministry in its entirety.

She explained that the Anti-Corruption Agency’s jurisdictions will include resolving conflict of interest, managing a register of functionaries and their property, monitoring the financing of political parties and international cooperation in the fight against corruption.

According to Malovic, the Agency will have a director and an executive board consisting of nine members who will be appointed by the Serbian parliament at the recommendation of authorised bodies.

According to the bill authorised bodies can be the parliament’s administrative committee, the Prime Minister, the government, the Supreme Court of Appeal, the State Audit Institution, the office of the ombudsman, commissioner for information of public interest, the Socio-Economic Council, the Bar Association of Serbia and associations of journalists.

The agency director, who will be appointed by a process of public competition held by the agency board, cannot be a member of a political party and is subject to the same obligations and restrictions which in accordance with the bill on the agency apply to functionaries.

Decrees pertaining to conflict of interest state that a functionary cannot act in the capacity of any other functionary, except in situations where approval is granted by the Agency and the body which has appointed that functionary.

During the period in which functionaries are in office they may not establish a company or a public service, and are obliged to inform the Agency when they take part in privatisation or public purchase.

Functionaries are also obliged to inform the Agency of any illegal pressure to which they may be exposed while carrying out their duties, the Agency will then inform relevant bodies to initiate necessary procedures.

Functionaries who no longer hold office are not allowed to establish business relations with persons, entrepreneurs or international organisations which carried out activities related to the office of former functionaries, except in the case where the Agency grants permission.

The Agency will publish a catalogue of gifts which public officials receive, and it will be their duty to refuse gifts which exceed the value determined by regulations, or to give it up as public property.

Functionaries will be obliged to submit a report to the Agency about their assets and assets belonging to their family members within 30 days of assuming office, as well as irregular reports and reports on assets after being relieved of their duties.

The list of assets reported must include data on the right of using property for official purposes, all debts and demands made by public officials.

In case of violation of the law, officials will be subject to warnings, public announcements about dismissal from office and decisions regarding the violation.

The law specifies that assets which are not reported or submitting false information on assets is a criminal act which will be punishable by prison sentences from six months up to five years and functionaries who are found guilty will be banned from serving as public officials for the next ten years.

The law will be implemented from the eighth day after its adoption, and from the moment of its implementation the law on prevention of conflict of interest will cease to be valid.

The Anti-Corruption Agency will take over personnel and equipment from the republic committee for resolving conflicts of interest.

Malovic said that she talked today with Hague Chief Prosecutor Serge Brammertz about the jurisdictions of the Justice Ministry in cooperation with the International Criminal Tribunal for the former Yugoslavia.