预防/镇压腐败——一个永无止境的故事

M. Rep, Dragana Čvorović
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引用次数: 0

摘要

由于腐败,斯洛文尼亚每年损失35亿欧元,占国内生产总值的8.5%。通过签署联合协定,斯洛文尼亚共和国政府已承诺改革立法,并为预防腐败委员会(下称预防腐败委员会)更有效地运作提供工具,以便更有效地打击腐败和经济犯罪。《廉政和防止腐败法》(以下简称《廉政和预防腐败法》)修正案旨在提供一个更适当的监管框架,有助于更有效地打击腐败。但是,据方案协调会代表说,立法的改变仍然不能解决委员会运作中的一些关键问题和困境。这些缺陷主要与委员会在调查涉嫌贪污、涉嫌违反廉正和系统控制时所使用的程序管理不当有关。下一组问题涉及关于提名和任命程序的拟议解决办法。国际组织也建议在这方面作出更正。一开始,现行法案被评为熟练。根据委员会的说法,斯洛文尼亚在清廉指数方面的停滞不前也是主管当局发现腐败时决策者反应不恰当或甚至没有反应的结果。后者因此影响了人们相当消极的看法。斯洛文尼亚在透明国际清廉指数中排名第35位,再次低于欧盟62个国家的平均水平。斯洛文尼亚透明国际组织还指出,自2012年以来,在打击腐败方面没有取得任何进展。更重要的是,举报人保护领域在这方面也值得一提。2019年10月,欧盟通过了《举报人保护指令》。举报人保护是一个发展迅速的领域,主要是因为它的覆盖面和复杂性。斯洛文尼亚现行立法的主要缺点是,反腐败立法对举报人的保护非常有限,然而,举报人是反腐败斗争中极其重要的信息来源。斯洛文尼亚已经等待了6年,等待主要法案IPCA的修正案获得通过。人们还注意到,其他领域的改革也没有取得什么进展。为了取得进步,对整个反腐败领域的有效监管实际上是必要的。关键词:防贪委员会,廉政及防贪法,清廉指数,透明国际
本文章由计算机程序翻译,如有差异,请以英文原文为准。
PREVENTION / SUPPRESSION OF CORRUPTION - A NEVER ENDING STORY
3.5 billion euros or 8.5 % of the gross domestic product is lost in Slovenia on an annual basis due to corruption. By signing the coalition agreement, the Government of the Republic of Slovenia has committed itself to reform the legislation and provide tools for more efficient functioning of the Commission for the Prevention of Corruption (hereinafter CPC) in order to combat corruption and economic crime more effectively. The amendment to the Integrity and Prevention of Corruption Act (hereinafter IPCA) is intended to provide a more appropriate regulatory framework that would contribute to a more effective fight against corruption. However, according to representatives of the CPC, legislation changes still do not answer some of the key questions and dilemmas in the functioning of the Commission. The deficiencies relate primarily to the inadequately regulated procedure used by the Commission to investigate suspected corruption, suspected breaches of integrity and systemic controls. The next set of questions relates to the proposed solutions regarding the nomination and appointment process. Corrections in this regard are also recommended by international organizations. At the outset, the current Act is rated as proficient. According to the Commission, the stagnation of Slovenia in terms of the Corruption Perceptions Index is also a result of an inappropriate response or even absence of the response from decision-makers when corruption is detected by the competent authorities. The latter thus affects people's fairly negative opinions. Slovenia has been ranked in 35th place in the Transparency International Corruption Perceptions Index, which has put the country below the EU 62 average again. Transparency International Slovenia also points out that no progress has been noticed in the fight against corruption since 2012. What is more, the field of whistleblower protection is also worth mentioning in this respect. In October 2019, the EU Whistleblower Protection Directive was adopted. Whistleblower protection is an area that is progressing rapidly, mainly because of its reach and complexity. The main drawback of current Slovenian legislation is that anticorruption legislation has very limited protection for whistleblowers, which nevertheless represent an extremely important source of information in the fight against corruption. Slovenia has been waiting for 6 years for the amendment to the main Act, the IPCA, to be adopted. It is also noted that there has been little progress with reforms in other areas as well. For progress, effective regulation of the whole area of anti-corruption is in fact necessary. Keywords: The Commission for the Prevention of Corruption, the Integrity and Prevention of Corruption Act, Corruption Perception Index, Transparency International
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