FIGHT AGAINST CORRUPTION November 2008

Objectives It is one of the priorities of the Government of the Republic of Serbia It is a condition for abrogation of the visa regime by the EU and for acceleration of the association of the Republic of Serbia with the EU, which is in the interest of Serbia’s citizens

Objectives The Ministry of Justice has been taking all necessary steps towards the establishment of the legal framework and capacity to ensure a decisive fight against corruption and organised crime, including the implementation of international obligations and recommendations (GRECO, UN, EU)

International Instruments All international anti-corruption instruments, passed by international organisations which Serbia is a member of, have been adopted : Law on Ratification of the UN Anti-Corruption Convention (″SCG Official Journal-International Treaties", No. 12/2005) Law on Confirmation of Criminal Law Convention on Corruption (″SRJ Official Register-International Treaties", No. 2/2002) i (″SCG Official Journal-International Treaties", No. 18/2005) i Law on Confirmation of Additional Protocol to the Criminal Law Convention on Corruption (″RS Official Journal-International Treaties", No. 102/2007 Law on Confirmation Civil Law Convention on Corruption (″RS Official Journal-International Treaties", No. 102/2007)

Measures Taken in the Fight Against Corruption Serbian Government adopted the National Anti- Corruption Strategy in December 2005 Serbian Government adopted an Action Plan for the National Strategy Implementation in December 2006 Serbian Government set up the Implementation Commission of the National Anti-Corruption Strategy and the Recommendations of the Group of States Against Corruption (GRECO) in 2006

GRECO June 2006 Report Joint First and Second Round Evaluation Report on the Republic of Serbia adopted by GRECO The Report comprises 25 binding recommendations

June 2006 GRECO Report The Republic of Serbia had the period of one year and a half to implement recommendations with respect to independence, specialisation and the resources available to national authorities involved in the prevention and the fight against corruption, the proceeds from corruption, the strengthening of the state administration capacity in the fight against corruption (training, Ombudsman, Commissioner for the Information of Public Importance), and the liability of legal entities for criminal offences of corruption.

June 2008 GRECO Report The Compliance Report on the Republic of Serbia by the Group of States Against Corruption (GRECO) for the Joint First and Second Evaluation Rounds adopted GRECO favourably assessed the efforts and the work of state authorities of the Republic of Serbia undertaken to fight corruption, particularly taking into account that RS had undertaken measures per each recommendation. After the adoption of the Report by the Government of the Republic of Serbia on 17 June the confidentiality note was removed and the Report, that may be found on websites of the Ministry of Justice of RS and the Council of Europe respectively, was allowed to be publicised.

GRECO 2008 – actual results Out of 25 recommendations the Republic of Serbia has implemented twelve recommendations with respect to public procurement, the term of office of public prosecutors, the creation of special units within the Public Prosecutor’s Offices for combating corruption, cooperation between police and prosecutor’s offices, in-service training for police officers and prosecutors, witness protection programme, confiscation of property, Action Plan for the National Anti-Corruption Strategy implementation and the establishment of a monitoring mechanism, introduction of ombudspersons at central and local levels, access to information of public importance, training of civil servants on the fight against corruption, and adoption of codes of conduct for civil servants

GRECO According to GRECO, thirteen recommendations have been partly implemented and it expects the Republic of Serbia to notify this body within the coming year and a half on measures that Serbia will take for the purpose of their full implementation. In the period of three months since GRECO’s evaluation, RS has taken the following measures to implement certain recommendations: In October 2008 the National Assembly passed the following legislation : Law on the Anti-Corruption Agency Law Amending the Law on the Financing of Political Parties Law on the Confiscation of the Proceeds from Crime Law on the Liability of Legal Entities for Criminal Offences

GRECO Following the adoption of the Law on the Anti-Corruption Agency, that is, after the creation of an independent anti- corruption body, three recommendations of the Council of Europe’s Group of States Against Corruption (GRECO) will be implemented as follows: pantouflage (recommendation xviii), reduction of the value of gifts (recommendation xix) broader definition of public officials (recommendation xvii) Recommendation xxiii has been implemented after the adoption of the Law on the Liability of Legal Entities for Criminal Offences

Law on the Anti-Corruption Agency governs the creation, legal status, competence, organisation and manner of operations of the Anti- Corruption Agency, the rules referring to the prevention of conflicts of interest when exercising public office and the reporting on the property of persons’ exercising public office, the procedure and the decision making process in the event of violation of this Law, the introduction of integrity plans, as well as other issues significant to operations of the Agency

Anti-Corruption Agency Autonomous and independent state authority The Agency is accountable to the National Assembly for carrying out operations within its remit It has the capacity of a legal person The Agency’s bodies include the Board (9 members) and Director

Competences of the Agency monitors the implementation of the National Strategy, its Action Plan and sector related action plans; instigates a proceeding and pronounces measures due to violation of this Law; passes decisions on conflicts of interest; carries out operations in conformity with the law governing the financing of political parties; renders opinions and guidelines on the implementation of this Law; initiates amendments to and the passing of regulations in the anti- corruption area; renders opinions with respect to the implementation of the Strategy, the Action Plan and sector related action plans; oversees and carries out operations relating to the organisation of work coordination of state authorities in the fight against corruption;

Competences of the Agency manages the register of public officials; manages the register of property and revenues of public officials; provides professional assistance in the anti-corruption area; cooperates with other state authorities in drafting regulations in the anti- corruption area; provides guidelines for the development of integrity plans in public and private sectors; Introduces and conducts in-service training on corruption, in accordance with this Law; keeps special records in accordance with this Law; proceeds upon letters rogatory of legal and natural persons; organises research, monitors and analyses statistics and other data on corruption; in cooperation with competent state authorities it keeps abreast with the international cooperation in the anti-corruption area.

Most Important Provisions of the Law on the Anti-Corruption Agency The Law contains precise provisions governing conflict of interest whilst exercising public office, rules on gifts received by public officials when exercising public office, the manner of reporting on the property of public officials and persons associated with them and monitoring of public officials’ property and revenue related situation, as well as proceeding and decision making by the Agency in the event of violation of this Law

Most Important Provisions of the Law on the Anti-Corruption Agency Due to the infringement of provisions of the Law relating to the failure to report on their property or to provide accurate data on the property, public officials may be imposed a prison sentence from six months up to five years of duration. Should a prison sentence be imposed on them, their public office shall terminate and they will be forbidden to re-assume public office within the period of ten years. The competence of the Agency in respect of the prevention of corruption is reflected in the fact that the Agency shall monitor the Anti-Corruption Strategy implementation, initiate amendments to regulations, provides guidelines and proposals for the enforcement of measures referred to in the Strategy. Coordination between the Agency and state authorities and other legal persons, media organisations and civil associations has been regulated to prevent corruption.

Further Steps in Combating Corruption and the Implementation of GRECO’s Recommendations Currently a set of judiciary related laws is undergoing the National Assembly procedure (Law on the Organisation of Courts, Law on Judges, Law on the High Court Council, Law on Public Prosecutor’s Offices, Law on the State Prosecutorial Council, Law on Seats and Territories of Courts and Public Prosecutor’s Offices) whereby GRECO’s recommendations ii and iv will be implemented.

Further Steps in Combating Corruption and the Implementation of GRECO’s Recommendations Significant efforts have been made in combating corruption by adoption of the legal framework in the National Assembly These efforts will be re-energised following the creation of the Anti-Corruption Agency The Agency fully operational – 1 January 2010 The Anti-Corruption Commission, as well as the Anti- Corruption Council as an authority of the Serbian Government will continue to monitor the Strategy implementation and take further measures in the fight against corruption

MINISTRY OF JUSTICE THE REPUBLIC OF SERBIA Nemanjina Street Belgrade