Anti-corruption review of legislation is a preventive tool for prevention of corruption and conflict of interest, which is applied to laws and bylaws from various sectors, by locating and eliminating corruption risks contained in the text of the legislation.
According to the new Methodology for anti-corruption review of legislation [1], published in 2020 by the State Commission for Prevention of Corruption, the risks of corruption and conflict of interest in law or bylaw may be due to: non-existence or inappropriate deadlines, the ambiguity of the language used, lack of preventive mechanisms, discretionary powers, overlapping pf duties, conflict of interests, powers and resources, incompletely defined procedures, lack of instruments in terms of control, the insufficient distinction of rights and obligations, etc.
In the past period, the Foundation Open Society – Macedonia, through its support to the thematic networks of civil society organizations, within the concept of Civil Society Participation for Social Justice, supported the preparation of six anti-corruption reviews of the legislation, for:
- Law on Denationalization, developed by the Platform of Civil Society Organizations for Combating Corruption, available at http://antikorupcija.mk/mk/record.php?id=1214&mv=4
- Expropriation Law developed by the Platform of Civil Society Organizations for Combating Corruption, available at http://www.antikorupcija.mk/mk/list.php?mv=4
- Law on Energy, developed by the Platform of Civil Society Organizations for Combating Corruption, available at http://www.antikorupcija.mk/mk/list.php?mv=4
- Law on Takeover of Administrative Officers Employed through the K-5 Program in the Ministry of Political System and Inter-Community Relations, developed by the Platform of Civil Society Organizations for Combating Corruption, available at:
- Judicial Council Law, drafted by the Blueprint Judicial Reform Group, available at https://fosm.mk/wp-content/uploads/2021/03/izveshtaj-za-antikorupcziska-proverka-na-zakonot-za-sudskiot-sovet-na-republika-severna-makedonija.pdf
- Law on Urban Planning, Law on Dealing with Illegally Constructed Buildings, Law on Urban Greenery and Law on Construction, from the aspect of urbanism prepared by the Coalition “All for Fair Trials” -Skopje.
The legal basis for the preparation of an anti-corruption review of the legislation in the country is determined in the Law on Prevention of Corruption and Conflict of Interests [2], which also determines the competence of the State Commission for Prevention of Corruption. CSOs have the expertise that they use in the preparation of an anti-corruption review of legislation and therefore the State Commission for Prevention of Corruption has shown interest in cooperating with civil society in the implementation of this competence [3]. Finally, the importance and justification of this preventive tool are derived from the strategic determinations of the state [4].
[1] State Commission for Prevention of Corruption, Methodology for anti-corruption review of legislation, adopted at the 42nd session of the SCPC (27.11.2020), available at:https://bit.ly/3vQXEHO
[2] According to Article 17, item 2, the State Commission for Prevention of Corruption conducts an anti-corruption review of laws, bylaws and other general acts, in accordance with the Methodology it adopts.
[3] The Fourth Action Plan 2019-2020 of the Open Government Partnership, in the category “integrity and good governance”, envisaged activity 2.2. Cooperation [of the SCPC] with the civil sector for anti-corruption review of legislation, available at the following link: https://ovp.gov.mk/wp-content/uploads/2020/09/nap_4_ogp_usvoen_na_vlada.docx
[4] Measure 1.4.2.5 Establishment of a methodology for Anticorruption review of the legislation from the Action Plan for the realization of the urgent reform priorities 2015, available at the following link: https://bit.ly/3cbBjgx; Sector 5.1, problem 2, measure 1 Adoption of a new RIA Methodology by unifying the processes for evaluation of the implementation of the regulation and anti-corruption review of the legislation, available at: https://dksk.mk/wp-content/uploads/2021/01/Nacionalna-strategija-DKSK-KONECNA.pdf.
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26 March 2021