Law on Ministries and Government from the anti-corruption standpoint
Transparency Serbia (official chapter of Transparency International) estimates that proposed Law on Ministries and amendments to the Law on Government won't resolve recent concerns and problems related to efficient fight against corruption, even though Law on Ministries brings several positive steps.
Positive step was made primarily in decrease of total number of Ministries (which was one of the propositions of Transparency Serbia as part of 14 anti-corruption priorities[1]), and is yet to be seen whether it will bring savings and increase efficiency. Other positive step is establishing Ministry of State Administration and Local self-government, having in mind that serious reform is planned in this sector.
Ministry of Justice received clearly defined jurisdiction for preparation of anti-corruption regulation. This area will be subjected to serious work – 14 months ago Anticorruption Agency delivered to Ministry of Justice initiative for amendments to the Anticorruption Agency Law, that should have strengthened authorities of that independent body, additional changes are envisaged by Anticorruption Strategy and Action Plan. It isn't however, specified whose jurisdiction is Law on Financing of Political Activities. Ministry of Finances was most frequent proponent in the past, although this is regulation with dominant anticorruption component rather than public expenditures. Significant work will be done on improving Draft Law on Whistleblowers, whether that will in future be work of Ministry of Justice or newly established Ministry of State Administration.
TS highlights negative aspects of this Draft Law that envisage „activities of state administration in the public procurement area“ by the Ministry of Finances, having in mind already determined authorities of Public Procurement Office, that would leave bad duality that should have been removed.
Also, proposed Law, and amendments, do not organize matter of jurisdiction of Government's anti-corruption coordinator, position performed by vice prime minister in previous mandate Aleksandar Vučić, without specified obligations and authorities. Division of authorities between state organs is extremely important for successful curbing and preventing corruption. If there is intention to keep this post in future, opportunity to organise this concept was missed.
Regarding proposed amendments to Law on Government, that allow establishing of Councils of the Prime minister for any area (instead of two recent ones – for economic development and state organs and public services), without limitation to only five members per one Council, can initiate matter of significance of this change. What are special Prime minister’s Councils for, if the Government can establish its own Councils, and what are limitations of number of members for? Explanation states that it was done, with request for competency, to satisfy need for rationality and efficiency in work, is not satisfactory, having in mind that so far number of obligatory members of the Council was five the most and not strictly five.
Transparency – Serbia
Belgrade, 25 April 2014
