Author: Prime Minister
Deadline – performance indicator:
28 February 2014 – Present to the Government an analysis of options to establish anti- corruption agency as an independent body dealing with the issues of the fight with corruption.
Anti-corruption effect: Complex, professional and independent anti-corruption activities in the non-penal field.
Reasoning:
There is no overarching anti-corruption agency at present in the Czech Republic, which would address the fight with corruption as an important social phenomenon. The position of such an anti-corruption agency is substituted to certain extent mainly by non-profit organizations, which situation is not in line with the requirements for this type of institution for the Government’s Anti-Corruption Policy. Ideally, the anti-corruption agency should be an independent body with professional staff, focusing on the complex issues of corruption. The existence and independence of such a body, though not necessarily in the form of anti- corruption agency, are stipulated, for example, in the UN Convention Against Corruption from 2003, which was signed by the Czech Republic in 2005, though not yet confirmed [confirmation has been approved by the Parliament of the Czech Republic – Parliament Document No. 787 (6th electoral term) and Senate Document No. 410 (8th electoral term)], namely in Article 6 entitled Preventive anti-corruption body or bodies; as stipulated in paragraph 1: “Each State Party shall, in accordance with the fundamental principles of its
legal system, ensure the existence of a body or bodies, as appropriate, that prevent corruption by such means as: a) implementing the policies referred to in article 5 of this Convention and, where appropriate, overseeing and coordinating the implementation of those policies, and b) increasing and disseminating knowledge about the prevention of corruption; according
to paragraph 2: “Each State Party shall grant the body or bodies referred to in paragraph 1
of this article the necessary independence, in accordance with the fundamental principles of its legal system, to enable the body or bodies to carry out its or their functions effectively and free from any undue influence. The necessary material resources and specialized staff, as well as the training that such staff may require to carry out their functions, should be provided. The existence of a specialized body is required also by the Council of Europe
Criminal Law Convention on Corruption, which was confirmed by the Czech Republic on 8 September 2000 (declared by Ministry of Foreign Affairs Notice No. 70/2002 Coll., the updated wording was declared under No. 43/2009 Coll.). This Convention stipulated in Article 20 that “each Party shall adopt such measures as may be necessary to ensure that
persons or entities are specialised in the fight against corruption. They shall have the necessary independence in accordance with the fundamental principles of the legal system of the Party, in order for them to be able to carry out their functions effectively and free from any undue pressure. The Party shall ensure that the staff of such entities has adequate training and financial resources for their tasks.
An analysis of providing for the existence of such a body or bodies will be prepared based on the aforementioned international commitments, focusing on establishment of anti- corruption agency that, however, should not substitute any activities of law enforcement authorities including, without limitation, those of the Unit Combating Corruption and Financial Crimes (UOKFK, the so-called Anti-Corruption Police) and of the Ministry of Finance Financial Analytical Unit (FAU); on the contrary, the agency should be “a piece in a jigsaw puzzle” within all measures designed to reduce corruption in the Czech Republic. In addition to its focus on different activities, the agency will differ mainly in that it will be an independent body.
The specialized unit or units, as required by international conventions, should perform the analytical task (the collection and analysis of information on corruption) and the public information and educational task. Within those activities relevant legal tools and administrative measures should be continually analyzed with the aim to assess their suitability for the purposes of corruption prevention and elimination, implement anti-corruption policies and where appropriate, supervise over those policies and increase and disseminate knowledge of corruption prevention.
The analysis should assess, amongst other, the existing competences and powers of the Government Committee for Coordination of the Fight with Corruption and Department for Coordination of the Fight with Corruption at the Office of the Government of the Czech Republic, whose activities could be fully or partially taken over by the agency, if it comes into existence.
6.1.2 Analysis of Options to Appoint Information Commissioner
Author: Ministry of the Interior Co-Author: Prime Minister
Deadline – performance indicator:
30 April 2014 – Present to the Government a comparative study of the existence of information commissioner in the world, focusing on efficiency of options to support access to information, including mainly:
- An assessment of options to appoint information commissioner in the Czech Republic; - Identification of system causes of low enforceability of the right to information and
delays in processing;
- Draft solution of an effective sanction mechanism.
The material will also include the analysis of compatibility of law of the Czech Republic with Council of Europe Convention on Access to Official Documents with a proposal of signature and ratification of this Convention or with the recommendation not to ratify the Convention.
Anti-corruption effect: More efficient enforcement of access to information. Reasoning:
A system and institutional change in the solution of the issue of access to information requires above all a change in the attitude towards access to information, which should presume
openness and a system element of the Government policy supporting competitiveness. Because of the extent of requirements which would necessarily impact the entire field of providing information due to such a change, it is fully appropriate to consider establishment of an independent supervision body having the full appeal, mediation and methodological roles as parts of management. Appointment of information commissioner is one of the options. Therefore, it is proposed – before eventual appointment of information commissioner – to prepare a comparative study of how the access to information is efficiently enforced in the world, including assessment of establishment of such an institute in the conditions of the Czech Republic. The study will also include a list of system causes of low enforceability of the right to information and delays in processing and a draft solution of an effective sanction mechanism. With regard to the incompatibility of the current version of the Law on Free Access to Information with Council of Europe Convention on Access to Official Documents and the consideration of the Government to sign and ratify it, the analysis of compatibility of law of the Czech Republic with the Convention will be part of the Study.