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2009 Assessment

Macedonia (FYROM): Integrity Indicators Scorecard

Macedonia (FYROM): Integrity Scorecard Report > Sub-Category: Anti-Corruption Agency
Indicators		Score
74	In law, is there an agency (or group of agencies) with a legal mandate to address corruption?	100
75	Is the anti-corruption agency effective?	61
76	Can citizens access the anti-corruption agency?	50

Indicator and sub-Indicator Details

In law, is there an agency (or group of agencies) with a legal mandate to address corruption?

74: In law, is there an agency (or group of agencies) with a legal mandate to address corruption?

Score:

YES

Comments: It is the State Commission for Corruption Prevention.

References: The Law for the Prevention of Corruption, 2004, Article 1 (2).

Is the anti-corruption agency effective?

75a: In law, the anti-corruption agency (or agencies) is protected from political interference.

Score:

YES

Comments:

References: The Law for the Prevention of Corruption, 2004, Article 50 (1).

Peer Review Comments: The political interface is only prohibited by law, but not in practice.

Peer Review Comments: By law yes, but in practice no.

75b: In practice, the anti-corruption agency (or agencies) is protected from political interference.

Score:

100

Comments: There is obvious political interest within the agency itself, not to mention the open political pressure, predominantly over the mainstream media.

References: Interview with Elena Simonoska, Program Assistant in NVO Infocentar, Sept. 15, 2009, Skopje.

Interview with Ilija Talev, Ph.D. Candidate, University of Pisa, expert on corruption, Aug. 14, 2009, Skopje.

Peer Review Comments: In the last couple of years, the European Commission notes that the State Commission for Preventing Corruption is not protected from political interface. This year, for example, the same president of the agency was elected for the third time, even though the members of the agency should rotate every year. This was a signal that the other members hide themselves from the public and they use the same person who is most adequate to protect the government interests under the mask of the commission.

Peer Review Comments: In the last few years, it is obvious that the state commission is under the strong influence of the government.

75c: In practice, the head of the anti-corruption agency (or agencies) is protected from removal without relevant justification.

Score:

100

Comments:

References: Interview with Elena Simonoska, Program Assistant in NVO Infocentar, Sept. 15, 2009, Skopje.

Interview with Ilija Talev, Ph.D. Candidate, University of Pisa, expert on corruption, Aug. 14, 2009, Skopje.

Peer Review Comments: To the best of my knowledge, no such cases involving the removal of head of the anti-corruption agency without relevant justification have even been reported.

75d: In practice, appointments to the anti-corruption agency (or agencies) are based on professional criteria.

Score:

100

Comments: The appointments are based on political criteria because the rulling party tries to control the anti-corruption agency as much as possible.

References: Interview with Elena Simonoska, Program Assistant in NVO Infocentar, Sept. 15, 2009, Skopje.

Interview with Ilija Talev, Ph.D. Candidate, University of Pisa, expert on corruption, Aug. 14, 2009, Skopje.

75e: In practice, the anti-corruption agency (or agencies) has a professional, full-time staff.

Score:

100

Comments:

References: Interview with Elena Simonoska, Program Assistant in NVO Infocentar, Sept. 15, 2009, Skopje.

Interview with Ilija Talev, Ph.D. Candidate, University of Pisa, expert on corruption, Aug. 14, 2009, Skopje.

Peer Review Comments: The seven members of the commission are elected by Parliament and their mandate is five years. They are not employed by the commission and they execute their function in parallel with their other jobs (lawyers, journalists, economists). Their status in the commission is not professional, even though they are officials.

75f: In practice, the anti-corruption agency (or agencies) receives regular funding.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency (or agencies) has a predictable source of funding that is fairly consistent from year to year. Political considerations are not a major factor in determining agency funding. <p>50 Score Criteria: The agency (or agencies) has a regular source of funding, but may be pressured by cuts, or threats of cuts to the agency budget. Political considerations have an effect on agency funding. <p>0 Score Criteria: The agency\'s funding sources are unreliable. Funding may be removed arbitrarily or as retaliation for agency actions.$

Comments:

References: Interview with Elena Simonoska, Program Assistant in NVO Infocentar, Sept. 15, 2009, Skopje.

Interview with Ilija Talev, Ph.D. Candidate, University of Pisa, expert on corruption, Aug. 14, 2009, Skopje.

75g: In practice, the anti-corruption agency (or agencies) makes regular public reports.

Score:

100

Comments:

References: Interview with Elena Simonoska, Program Assistant in NVO Infocentar, Sept. 15, 2009, Skopje.

Interview with Ilija Talev, Ph.D. Candidate, University of Pisa, expert on corruption, Aug. 14, 2009, Skopje.

Peer Review Comments: The anti-corruption agency makes regular reports for the public on their website at [ LINK ]. But those reports are not detailed and usually don't influence the public.

75h: In practice, the anti-corruption agency (or agencies) has sufficient powers to carry out its mandate.

Score:

100

Comments:

References: Interview with Elena Simonoska, Program Assistant in NVO Infocentar, Sept. 15, 2009, Skopje.

Interview with Ilija Talev, Ph.D. Candidate, University of Pisa, expert on corruption, Aug. 14, 2009, Skopje.

Peer Review Comments: In more complex cases with the involvement of people from the government or the administration, the commission is not working independently or professionally.

75i: In practice, when necessary, the anti-corruption agency (or agencies) independently initiates investigations.

Score:

100

Comments:

References: Interview with Elena Simonoska, Program Assistant in NVO Infocentar, Sept. 15, 2009, Skopje.

Interview with Ilija Talev, Ph.D. Candidate, University of Pisa, expert on corruption, Aug. 14, 2009, Skopje.

Peer Review Comments: The agency starts investigations and provides initiatives for criminal acts to the public prosecutor, but those initiatives are mostly related to the politicians who belong to the opposition parties.

Peer Review Comments: It depends on who is involved in the case.

Can citizens access the anti-corruption agency?

76a: In practice, the anti-corruption agency (or agencies) acts on complaints within a reasonable time period.

Score:

100

Comments:

References: Interview with Elena Simonoska, Program Assistant in NVO Infocentar, Sept. 15, 2009, Skopje.

Interview with Ilija Talev, Ph.D. Candidate, University of Pisa, expert on corruption, Aug. 14, 2009, Skopje.

Peer Review Comments: From the stories published in the media, many citizens complained that they didn't get an answer about their problem from the agency for preventing corruption.

76b: In practice, citizens can complain to the anti-corruption agency (or agencies) without fear of recrimination.

Score:

100

Comments:

References: Interview with Elena Simonoska, Program Assistant in NVO Infocentar, Sept. 15, 2009, Skopje.

Interview with Ilija Talev, Ph.D. Candidate, University of Pisa, expert on corruption, Aug. 14, 2009, Skopje.

Peer Review Comments: There is still fear of recrimination, specifically that if anyone complains to the anti-corruption agency, they will lose their job.

Peer Review Comments: Many people are still afraid that if they disclose abuses of power they will lose their jobs.