Commission for the prevention of corruption of the Republic of Slovenia

Commission for the Prevention of Corruption of the Republic of Slovenia

The Commission for the Prevention of Corruption of the Republic of Slovenia (CPC) is an independent state body with a broad mandate in the field of preventing and investigating corruption, breaches of ethics and integrity of public office.

Although part of the public sector, the CPC is not subordinate to any other state institution or ministry, and does not receive direct instructions from the executive or the legislature. While Slovenia has an 8 year history of specialised anti-corruption bodies, the current CPC has been established the Integrity and prevention of corruption Act of 2010 (with later amendments) and fulfils the requirement of an independent body as required by the UN Convention against Corruption (UNCAC).

Field of work and jurisdiction

The CPC has a wide mandate in the field of preventing and investigating corruption, breaches of ethics and integrity of public office. Its tasks, among others, include:

• conducting administrative investigations into allegations of corruption, conflict of interest and illegal lobbying;
• protection of whistleblowers;
• monitoring the financial status of high level public officials in the executive, legislature and judiciary through the assets declaration system;
• maintaining the central register of lobbyists;
• adopting and coordinating the implementation of the National Anti-corruption Action Plan;
• assisting public institutions in development of integrity plans (methodology to identify and limit corruption risks) and monitoring their implementation;
• designing and implementing different anti-corruption preventive measures (awareness raising, training, education, …);
• serving as a national focal point for international anti-corruption cooperation on systemic level (GRECO, OECD, UN, EU, …).

The CPC is not part of the law enforcement or prosecution system of Slovenia and its employes do not have typical police powers. They do, however, have broad legal powers to access and subpoena financial and other documents (notwithstanding the confidentiality level), question public servants and officials, conduct administrative investigations and proceedings and instruct different law enforcement bodies (e.g. Anti-money laundering Office, Tax Administration, …) to gather additional information and evidence within the limits of their authority. The CPC can also issue fines for different violations (sanctions can be appealed to the Court).

Independence

To strengthen its independence, the law provides a special procedure for appointment and dismissal of the leadership of the CPC. Chief Commissioner and two deputies are appointed by the President of the Republic of Slovenia following and open recruitment procedure and nomination by a special selection board. Candidates which must meet high professional and integrity standards are interviewed and screened by a selection board comprising a representative of the Government, the National Assembly, non-governmental organisations, the Independent Judicial Council and the Independent Council of Officials. The Chief Commissioner's term of office is six years, the deputy's five. They can serve up to two terms in office. Prior to the expiration of the mandate, they can only be dismissed from office by the President (on his/her own motion or on the motion of the Parliament) if they act in breach of the Constitution or the law.

The budget of the Commission is determined yearly by the Parliament and the CPC is autonomous in allocating and organising its financial and human resources and priorities within the budget.

Accountability

Substantive decisions of the CPC (ruling on corruption, conflict of interest, etc.) are subject to judicial review of the Administrative Courts. Under the law, the CPC must be the subject to external audit and its reports are submitted to the Parliament and the President. The CPC is also required to present yearly reports to the Parliament. In addition, by law, decisions (with few exceptions) must be published on the internet and various provisions in the law require the CPC to publicise its work and its findings.

History

The predecessor of the CPC was Government office for the Prevention of Corruption. In 2002 it was established on the recommendation of the Council of Europe Organization GRECO (Group of States against Corruption EC). In 2004, the National Assembly of Republic of Slovenia passed The Prevention of the Corruption Act in the Republic of Slovenia (ZPKor). By the adoption of this act, Government office for the Prevention of Corruption was replaced by the Commission for the Prevention of Corruption, which became an independent state body (appointed and accountable to the Parliament) with a number of corruption-preventive tasks. On 5 June 2010, the Integrity and Corruption Prevention Act (ZIntPK) was adopted, while old act ZPKor expired. The new Act has retained the name of the commission, but significantly expanded its mandate, working areas and powers. It also strengthened its independence and introduced additional safeguards and objectivity in the procedure for appointment and dismissal of its leadership. Most importantly, it expanded some of the investigative and sanctioning powers of the CPC and made it not only the national focal point for prevention of corruption, but also for lobbying oversight, whistleblower protection, integrity of public sector and expanded its reach beyond the public into the private and business sector. The amendments to the Law adopted in June 2011 further strengthened the powers of the CPC to subpoena financial documents for the public and private sector and to hold accountable magistrates, officials, public servants, management and boards of public enterprises for corruption, conflict of interest or breach of ethics.