Press Release:

 

Changing of the Law on Anticorruption Agency before beginning of the implementation

 

Organization Transparency -.Serbia warns the public that implementation of the Law on Anticorruption Agency, which is active from 4 November 2008, and „implementation begins on 1 January 2010“is endangered before it even started. Although that Law should resolve urgent issues, by securing implementation of Anticorruption Strategy, independent control of financial assets of political parties and checking of accuracy of data stated in officials' property reports, unfortunately it contains some insufficiently clear norms because of which its positive effects would be diminished.

 

Namely, beginning of implementation of norms is delayed so that in the meantime members of the Board of Agency should be elected, so that that organ would then choose in open competition director, and that after that necessary by law acts would be brought and Agency stuff employed. Above all that, beginning of implementation of those norms of Law which refer to establishing of Agency is delayed until 1 January 2010, so these activities are impossible to perform during 2009! We emphasize that our organization introduced parliament parties timely with this problem, and preposition and suggestions on how to overcome the problem, but that isn't done during parliamentary argument.

 

We also emphasize that institution which by this law proposes members of Board has duty to nominate candidates until 4 December 2008. If the law isn't changed, those candidates would wait for election for at least 13 months! Besides that, in the process of candidature could come to overstepping of anticipated deadlines from article 79 and because it is left unclear will the institutions suggest only one candidate or more.

 

Significance of previously stated weaknesses of law is larger because by the end of 2009. mandate of the members of Republic Board for Resolving Conflict of Interest will expire, whose authorities Agency should take over from 1 January 2010, so it could come to situation that Serbia stays without organ that brings decisions on conflict of interest of public officials for several months.

 

Having in mind threat of very serious compromise of state efforts in fight against corruption, which could be consequence of stated omissions, we suggest that damage should be prevented by urgent amending of certain articles of this law.

 

Transparency – Serbia

 

Belgrade , 25 November 2008.