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TRANSPARENCY OF THE PUBLIC INSTITUTIONS. Josip Kregar Conference on Public Procurement Review & Remedies Systems Dubrovnik 24-25 May 07. AND THE LEGAL PROTECTION IN PROCUREMENT. This is a corrupt state. The present government has no real interest to fight corruption. BEEPS World Bank. - PowerPoint PPT Presentation
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TRANSPARENCY OF THE TRANSPARENCY OF THE PUBLIC INSTITUTIONSPUBLIC INSTITUTIONS
Josip Kregar
Conference on Public Procurement Review & Remedies SystemsDubrovnik 24-25 May 07
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This is a corrupt stateThis is a corrupt state
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The present government has no The present government has no real interest to fight corruptionreal interest to fight corruption
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BEEPS World BEEPS World BankBank
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Worldwide Governance Indicators Country Worldwide Governance Indicators Country Snapshot: CroatiaSnapshot: Croatia
http://info.worldbank.org/governance/kkz2005/country_report.ashttp://info.worldbank.org/governance/kkz2005/country_report.asp?countryid=99p?countryid=99
2005 2004 2003 2002 2000 1998 1996
Voice andAccountability 61.4 60.4 59.9 62.8 55.1 37.7 31.3 ▲Political Stability/No Violence
58.0 60.4 55.7 55.2 51.4 52.4 44.8 ▲
Government Effectiveness
67.5 65.6 62.7 63.6 62.7 66.5 48.1▲
Regulatory Quality
65.3 65.0 63.1 60.1 55.2 55.7 43.6 ▲Rule of Law 53.6 55.8 55.3 55.3 55.8 51.9 32.1
▲Control of Corruption
59.1 58.3 56.9 62.3 56.4 42.6 33,7 ▲
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NATIONS IN TRANSIT 2006NATIONS IN TRANSIT 2006
2006 2005 2004 2003 2002 2001 1999 1998 1997
elections 3,25 3,00 3,25 3,25 3,25 3,25 4,25 4,25 4,00
Central government
3,50 3,50 3,75 3,75 3,50 3,50 4,00 4,00 4,00
Indep.
media
3,75 3,75 3,75 3,75 3,50 3,50 5,00 4,75 4,75
Judiciary 4,25 4,50 4,50 4,25 3,75 3,75 4,75 4,75 4,75
Corruption 4,75 4,75 4,75 4,75 4,50 4,50 5,25
∑ 3,64 3,75 3,83 3,79 3,54 3,54 4,46 4,25 4,20
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Progress Report 2006Progress Report 2006Croatia 2006 Progress Report Croatia 2006 Progress Report Brussels, 08.11.2006Brussels, 08.11.2006
SEC (2006) 1385SEC (2006) 1385
However, corruption remains a serious problem. Many allegations of
corruption remain uninvestigated and corrupt practices usually go
unpunished. Implementation of the Anti-corruption programme is at an
early stage. Full implementation of the programme and strong political
will to step up efforts are needed, especially on high level corruption.
There continues to be a need for greater efforts to proactively prevent,
detect and effectively prosecute corruption. Awareness of corruption as
a serious criminal offence needs to be raised and codes of conduct and
action plans to prevent corruption developed in the relevant law
enforcement agencies.. Progress on tackling corruption will also be an
important indicator of Croatia's readiness for eventual membership.
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Moving Away from Scandal-Driven Moving Away from Scandal-Driven Procurement ReformProcurement Reform
By Michael Asner Tallahassee, FL, September 14 & 15, 2006By Michael Asner Tallahassee, FL, September 14 & 15, 2006
Scandals are an incentive to reform public procurement. Let’s face it, implementing dramatic improvements in public
procurement in many jurisdictions is like trying to peel an onion without crying: an effort in frustration. Not just money but social costs and they can be significant:
For example… the costs of all those special commissions alone would fund the salaries of several staff to monitor policy and process issues around procurement to ensure that due diligence is being applied.
The diversion of our politicians from issues truly requiring innovative policy.
The erosion of pubic confidence in our political institutions. The erosion of ethical behavior within the public sector and the
migration of professional procurement staff to entities where they are valued
And finally, the costs of law suits against the public entity, criminal proceedings against those alleged to have committed criminal acts, and the cost of incarcerating convicted officials and possibly the costs of building more jails.
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Good governance or/and Good governance or/and scandals?scandals?
Political scandals expect very much from democratic general public. Media is the one that plays a key role upon detection of a scandal. However, what happens very often is that these scandals are, due to the high publicity or international publicity, presented out of every possible proportions (boundaries). Morality is not the only questionable issue that appears at discovered scandals of politicians.
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European Principles of Public European Principles of Public AdministrationAdministration
LEGALITY: reliability+foreseeability: legal competence, discretionary powers, proportionality, procedural fairness, expedience, professional integrity
OPENNESS: all but national security is public, protection of public interest, explanation (reasoning)
ACCOUNTABILITY: formal procedure, several instances of supervision, judicial protection
EFFICIENCY: economy+efficiency+effectiveness PROFESSIONALISM: professional civil service
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Open GovernmentOpen Government
The best cure against bacteria is the light
The concept of good governance – open government• clear rule• transparency • legality
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OOpenness & penness & TTranspranspaarencyrency
All is public, but national security Protection of public interest Statement of reasons
(reasoning)
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Principle of Open Principle of Open GovernmentGovernment
Governmental institutions are obliged to secure public character of their work. Therefore, government has to inform the public on its activities DULY and EXTENSIVELY…
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Right to Access to Right to Access to InformationInformation
Everybody has the right to access the information in the possession of public authorities!Obligation of bodies of the executive power to make information on their work accessible: they are obliged to give correct and complete information.
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How to Achieve Good How to Achieve Good GovernanceGovernance
Building legal and institutional preconditions• FOI, Access to Information
Building practice and resources Integrating new technologies
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Right as a Human RightRight as a Human Right
Balance of rights in collision Developed legal standards Restrictive interpretation of
limitations• prescribed by law• necessary in a democratic society• legitimacy (state security, public
order, economic welfare of state, prevention of crime, protection of health or morals, protection of rights of others)
• proportionality
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PastPast
Secret administration and secret
procedure
Judiciary
Administration
The principle of legality and
publicity
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Principles of Right to Principles of Right to Information IInformation I
Conditio sine qua non of the democratic process Presumption of publicity of all but the issues proclaimed
secret – interrelated with transparency of work of state and public authorities
Information - exact, broad enough and duly provided Regulation of procedure and legality of provision and
usage of information Legal protection of exercise of right to information Equality in exercise of right to information – general
constitutional principle applicable to all rights Additional prohibition of discrimination of journalists and media
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Principles of Right to Principles of Right to Information IIInformation II
Restrictiveness of exceptions of right to information
Precise definition of exceptions Protection of right to privacy and
exceptional circumstances (national security, public morals ...)
Prohibition of restriction of right to information (by force, misuse of position)
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Who?Who?
The public bodies are institutions of legislative, executive and judicial authorities, and other institutions which have public authority or are financed by state, regional and local budgets have obligation of publishing and assuring access to information
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Why?Why?
Important right Government is a public good Interest of citizens and interest of government,
not only an issue of media
