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2009 Assessment

Macedonia (FYROM): Integrity Indicators Scorecard

Macedonia (FYROM): Integrity Scorecard Report > Sub-Category: Executive Accountability
Indicators		Score
26	In law, can citizens sue the government for infringement of their civil rights?	100
27	Can the chief executive be held accountable for his/her actions?	81
28	Is the executive leadership subject to criminal proceedings?	100
29	Are there regulations governing conflicts of interest by the executive branch?	88
30	Can citizens access the asset disclosure records of the heads of state and government?	81
31	In practice, official government functions are kept separate and distinct from the functions of the ruling political party.	50

Indicator and sub-Indicator Details

In law, can citizens sue the government for infringement of their civil rights?

26: In law, can citizens sue the government for infringement of their civil rights?

Score:

YES

Comments:

References: The Law for Administrative Disputes, Article 3 (1).

Can the chief executive be held accountable for his/her actions?

27a: In practice, the chief executive gives reasons for his/her policy decisions.

Score:

100

Comments: They are not always timely, nor fully explanatory, but more of a political statement

References: Interview with Marija Risteska, MPA, Executive Director of the Center for Research and Policy Making, August 25, 2009.

Interview with Dr. Risto Karajkov, writer, analyst and correspondent on civil society topics and on Balkan socio-economic and political affairs for Osservatorio sui Balcani, August 20, 2009.

27b: In law, the judiciary can review the actions of the executive.

Score:

YES

Comments:

References: The Law on Courts, 2006, Article 34; the Law on Administrative Disputes.

27c: In practice, when necessary, the judiciary reviews the actions of the executive.

Score:

100

Comments:

Interview with Marija Risteska, MPA, Executive Director of the Center for Research and Policy Making, August 25, 2009.

Peer Review Comments: Until 2007, the Supreme Court was responsible for reviewing executive actions, but this institution was very limited in its effectiveness. In 2008, a special administrative court was formed, and it has shown excellent results in its work so far.

27d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.

Score:

100

Comments:

Interview with Marija Risteska, MPA, Executive Director of the Center for Research and Policy Making, August 25, 2009.

Is the executive leadership subject to criminal proceedings?

28a: In law, the heads of state and government can be prosecuted for crimes they commit.

Score:

YES

Comments:

References: Penal Code, 2004, Article 122 (4a).

28b: In law, ministerial-level officials can be prosecuted for crimes they commit.

Score:

YES

Comments:

References: Penal Code, 2004, Article 122 (4a).

Are there regulations governing conflicts of interest by the executive branch?

29a: In law, the heads of state and government are required to file a regular asset disclosure form.

Score:

YES

Comments: In the Law for the Prevention of Corruption, Article 34 (1) states that any elected or non-elected state official is required to file an asset disclosure report at the beginning and the end of the mandate/term and Article 35 states that any change in the financial status of this person that exceeds 20 average salaries (as calculated in the previous three-month period) must be reported to the State Commission for the Prevention of Corruption and the State Office for Public Revenue.

References: The Law for the Prevention of Corruption, 2004, Articles 34 (1) and 35.

29b: In law, ministerial-level officials are required to file a regular asset disclosure form.

Score:

YES

Comments: In the Law for the Prevention of Corruption, Article 34 (1) states that any elected or non-elected state official is required to file an asset disclosure report at the beginning and the end of the mandate/term, and Article 35 states that any change in the financial status of this person that exceeds 20 average salaries (as calculated in the previous three-month period) must be reported to the State Commission for the Prevention of Corruption and the State Office for Public Revenue.

References: The Law for the Prevention of Corruption, 2004, Articles 34 (1) and 35.

29c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch.

Score:

YES

Comments: Article 15 states that officials cannot receive gifts with a value exceeding 100 euros.

References: The Law for the Prevention of Conflicts of Interest, 2007, Article 15.

29d: In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).

Score:

YES

Comments: Article 34 (1) states that any elected or non-elected state official is required to file an asset disclosure report at the beginning and the end of the mandate/term, and Article 35 states that any change in the financial status of this person that exceeds 20 average salaries (as calculated in the previous three-month period) must be reported to the State Commission for the Prevention of Corruption and the State Office for Public Revenue.

References: The Law for the Prevention of Corruption, 2004, Articles 34 (1) and 35.

29e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.

Score:

YES

Comments: The Law for the Prevention of Corruption puts a three-year restriction on involvement in the private sector after leaving the government. Article 28 prohibits the starting of a business in the sector in which the person has worked as state official and Article 29 prohibits the buying of stocks in the companies that have been audited by or have cooperated with the entity where the official has worked.

References: The Law for the Prevention of Corruption, 2004, Articles 28 and 29.

Peer Review Comments: The Law for the Prevention of Corruption, Article 28, says that in the case where a person leaves the government and starts working in the private sector during the next three years, he is obligated to report that to the state commission for preventing corruption.

29f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.

Score:

100

Comments:

References: Interview with Dr. Risto Karajkov, writer, analyst and correspondent on civil society topics and on Balkan socio-economic and political affairs for Osservatorio sui Balcani, August 20, 2009. Interview with Marija Risteska, MPA, Executive Director of the Center for Research and Policy Making, August 25, 2009.

Peer Review Comments: The restrictions are not effective because no institution controls that, especially if the former government employee starts a business in the name of a family member, which is often a case.

29g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.

Score:

100

Comments:

Interview with Marija Risteska, MPA, Executive Director of the Center for Research and Policy Making, August 25, 2009.

Peer Review Comments: None of the ministers or other public figures has been proclaimed responsible for receiving a gift worth more than 100 euros (US$143).

29h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited.

Score:

100

Comments: Audits by the Public Revenue Office are often late and disputed.

Interview with Marija Risteska, MPA, Executive Director of the Center for Research and Policy Making, August 25, 2009.

Can citizens access the asset disclosure records of the heads of state and government?

30a: In law, citizens can access the asset disclosure records of the heads of state and government.

Score:

YES

Comments:

References: The Law for Free Access to Public Information, 2006, Article 9.

30b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.

Score:

100

Comments: The asset disclosure records of the heads of state and government are published on the website of the State Commission for Preventing Corruption.

30c: In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.

Score:

100

Comments: Internet access is required, but that is not very widespread in Macedonia.

Interview with Marija Risteska, MPA, Executive Director of the Center for Research and Policy Making, August 25, 2009.

30d: In practice, the asset disclosure records of the heads of state and government are of high quality.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The asset disclosure records of the heads of state and government are complete and detailed, providing the public with an accurate and updated accounting of the individuals\' sources of income, investments, and other financial interests. <p>50 Score Criteria: The asset disclosure records of the heads of state and government contain some useful information but may be lacking important details, including politically sensitive investment or other financial arrangements in which the individual has an interest. <p>0 Score Criteria: The asset disclosure records of the heads of state and government are overly general, lack any meaningful detail, and do not provide a clear accounting of the individuals\' sources of income, investments, and other financial assets.$

Comments:

Interview with Marija Risteska, MPA, Executive Director of the Center for Research and Policy Making, August 25, 2009.

Peer Review Comments: The asset-disclosure records of the heads of state and government contain some useful information, but they are not detailed and often don't include all the information about the person's property.

In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

31: In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

Score:

100

Comments:

Interview with Marija Risteska, MPA, Executive Director of the Center for Research and Policy Making, August 25, 2009.

Peer Review Comments: The president of the government, Nikola Gruevski, is the president of the ruling political party, VMRO-DPMNE. The other ministers are also members of the Executive Commission in the party. That is why it is very hard to investigate whether such cases exist, considering the fact that everything in the state is in the hands of one man.