PREVENTION / SUPPRESSION OF CORRUPTION - A NEVER ENDING STORY

Abstract

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