#04 IMPROVE THE ACTION OF THE ANTI-CORRUPTION AGENCY

The Code of Good Practice obliges public authorities to respect neutrality, which refers to the campaign and financing of parties and candidates (VC I.3.1.a.iv) and requires legal sanctions in cases of violation of the obligation of neutrality (I.3.1.c). In order for these standards to be met, it is necessary to undertake the following:

1. The Agency should use more actively statutory powers ex officio in order to protect the public interest

   It is necessary to modify the Anti-Corruption Agency practices in order to harmonise its actions with legal authorisations and the best international practices. Bearing in mind that, pursuant to relevant regulations, the Agency has a possibility to initiate proceedings in case of violation of the Law even ex officio, it is indispensable that it applies its authorities in practice. Namely, during the electoral cycle, the Agency appoints observers who are focused on electoral campaign monitoring and it is therefore essential that in case of violation of the Law, the Agency initiates proceedings and imposes measures immediately and not after the completion of the electoral process. Moreover, it convenes to periodically publish findings and reports for the observed period of the electoral campaign.

2. Introduce a deadline for the Agency to act on reports of individuals and legal entities due to violations of the Law on Financing Political Activities and the Law on Prevention of Corruption outside the election campaign (deadline of 30 days from the date of submission of the complaint)

   It is necessary to supplement the Article of Law on Financing Political Activities by adding a new paragraph which would read: “Regarding the complaint referring to the violation of the Law on Financing Political Activities, the Agency shall, within 30 days following the confirmation that the political entity has been notified of the complaint referred to in paragraph 2 of this Article and after the expiration of the deadline for submission of data referred to in Article 32, paragraphs 3 and 4 of this Law, if requested, issue a decision establishing that there has been or has not been a violation of this Law”. In this way, it would contribute to greater legal certainty in all proceedings conducted by the Agency outside the election campaign itself. Since the deadlines for decision-making exist as prescribed in the campaign (deadline of 5 days according to the urgency of the procedure), it is necessary to set a deadline for the Agency to act on complaints submitted outside the election campaign.

   Moreover, it is required to consider the introduction of an additional obligation for the Agency in case of non-compliance with the prescribed deadlines for making a decision on the complaint. If the Agency does not issue a decision within the prescribed period stating that the Law has been or has not been violated, it would be obliged to inform the submitter in writing about the actions taken in the complaint procedure, as well as about the reasons why the said decision has not been made. The public should be notified thereof through the information published on the Agency’s website.

3.  Improve the way the Agency’s decisions are published on its website

   The Anti-Corruption Agency regularly publishes decisions on citizens’ complaints during the election process, when it comes to complaints related to violations of the Law on Financing Political Activities. In order to further improve the transparency of the Agency’s work and decision-making, it is necessary to improve the presentation of decisions on the website as follows: the page dedicated to decisions should show the date of receipt of the complaint, against whom the complaint was submitted, the stage of decision-making process and the text of the decision itself with the date.

   It is necessary to amend the Law on Prevention of Corruption by introducing the obligation for the Agency to publish its decision on the Agency’s website within the procedure for determining violations of the provisions of the Law on Prevention of Corruption no later than 24h from the decision. An identical obligation has already been prescribed by the relevant provisions of the Law on Financing Political Activities.