corruption impact assessment (cia)
DESCRIPTION
Corruption Impact Assessment (CIA). Section to Coordinate the Struggle Against Corruption www.vlada.cz. The Office of the Government of the Czech Republic. The Office of the Government of the Czech Republic. Mgr. Milan Kryštof Čech, D.B.A. e-mail: [email protected]. - PowerPoint PPT PresentationTRANSCRIPT
Corruption Impact AssessmentCorruption Impact Assessment(CIA)(CIA)
The Office of the Government of the Czech Republic
Section to Coordinate the Struggle
Against Corruption
www.vlada.cz
The Office of the Government of the Czech Republic
The Office of the Government of the Czech Republic
Mgr. Milan Kryštof Čech, D.B.A.
e-mail: [email protected]
The Office of the Government of the Czech Republic
Corruption in the Czech Republic
The Office of the Government of the Czech Republic
CCorruption in Czech laworruption in Czech law
Corruption is a crime acceptance of a bribe – penalty max. 12 years in prison
provision of a bribe – penalty max.
5 years in prison
Crime is also the adoption bribe or provide a bribe through a third person.
The Office of the Government of the Czech Republic
Number offenses of bribery 2000 – 2009Number offenses of bribery 2000 – 2009
Vývoj počtu zjištěných a objasněných trestných činů úplatkářství
0
50
100
150
200
250
300
350
400
zjištěno objasněno
identifiedidentifiedprovenproven
The Office of the Government of the Czech Republic
Corruption Perception IndexCorruption Perception IndexTransparency InternationalTransparency International
The Office of the Government of the Czech Republic
Why is the fight against corruption a priority of Why is the fight against corruption a priority of governmentgovernment ? ?
negative impact on the public confidence in the rule of law
create unofficial non-democratic power structures
non-transparent allocation of public money
decelerating the economic growth
The Office of the Government of the Czech Republic
Because:Because:
These are proven and measurable consequences of corruption in the Czech Republic.
With these findings do not correspond the number of proven cases of corruption and public perception of corruption.
The government gives priority to prevention over repression because by the latent crime is much more efficient.
The Office of the Government of the Czech Republic
The main document on which theThe main document on which the CIA CIA is is createdcreated::
„Government's strategy in the fight
against corruption for the period 2011 – 2012“
Government Resolution No. 837, Nov. 16th 2011, Par. 5.6
The Office of the Government of the Czech Republic
CIA - what is it ?CIA - what is it ?
New preventive tool to be introduced
for newly admitted and selected
the already existing laws to reduce
the incidence of corruption enabling
legislative environment.
The Office of the Government of the Czech Republic
CIA - source of inspirationCIA - source of inspiration
Czech CIA within the EU is an innovative solution, because it is complete system.
Method is inspirated by a similar procedure which is used in South Korea, but its process differs significantly.
The Office of the Government of the Czech Republic
CIA – CIA – method definitionmethod definition
Proportional analysis with different depth and extent used to evaluate the corruption risks of the proposed legislative solutions.
The Office of the Government of the Czech Republic
CIA - timetable for implementationCIA - timetable for implementation
1. elaboration of the basic theses Feb. 29th 2012
2. elaboration of methodologies Jun. 30th 2012
3. verification of the pilot project and completion method based on findings from the pilot project Aug. 31th 2013
4. decision on the inclusion of the standard legislative process Nov. 30th 2013
5. set up standard applications Jan. 1st 2014
The Office of the Government of the Czech Republic
CIA - CIA - essential principlesessential principles
1. proportionality
2. responsibility
3. consistency
4. transparency
5. public involvement
The Office of the Government of the Czech Republic
Ad 1 - proportionalityAd 1 - proportionality
For determination of the width and depth of analysis is responsible offeror Law.
In determining the depth of analysis is always necessary to take into account the importance and scope of the problem and extent of anticipated impacts on corruption and corruption risks.
The Office of the Government of the Czech Republic
Ad 2 - Ad 2 - responsibilityresponsibility
The ministries are responsible for processing the CIA.
They are required to match the legislative proposal and final report CIA.
Quality control is ensured by the Office of the Government and carried out in two stages in the legislative process:
a) during the legislative process,
b) by sending a legislative proposal to the government.
Yet unsolved problem is the changes made by MPs in approving laws.
The Office of the Government of the Czech Republic
Ad 3 - Ad 3 - consistencyconsistency
Publication examples of good and bad practice to standardize the procedure.
Publication procedures and methodologies used in the particular case to assess eaten to standardize methods and procedures.
Publication models systematic qualitative and quantitative analysis.
The Office of the Government of the Czech Republic
Ad 4 - transparencyAd 4 - transparency
Publication of data on the activity carried on in formats allowing downloading, sorting and processing of data.
For each activity must be publicly available information as it contains exactly and who handles.
Part of the transparency regulators is also a form of presentation outputs that should be understandable even for non-specialists and must not be implemented through voluminous documents in which the informations are lost.
The Office of the Government of the Czech Republic
Ad 5 - Ad 5 - public involvementpublic involvement
The draft Regulation will be within the CIA submitted for public consultation in terms of risk of corruption.
All reviews will be published on the CIA's special website like this is already happening in the Regulatory Impact Assessment.
The Office of the Government of the Czech Republic
CIA – when it is processedCIA – when it is processed
Cia will be the obligation part of every bill with a few exceptions (that will be discussed further).
CIA will be performed as a separate assessment in cases where it is necessary to evaluate the potential of corruption existing regulation.
In the event that there is a suspicion that the scope for corruption can be created through non-legislative document (strategy, design, etc.) - that determine the direction of the executive branch in a particular area for several years, it is necessary that the CIA will be also made to these documents.
The Office of the Government of the Czech Republic
CIA - typesCIA - types
CIA is mandatory separate part of each regulatory impact assessment (RIA). It is sufficient if it turns out that the risks of corruption are not large (small CIA).
If it in this simple evaluation turns out that the risks of corruption are higher, the offeror is required to prepare a report substantially larger and deeper as a separate document (big CIA).
The aim is not to burden the Ministry of unnecessary paperwork and implement a comprehensive evaluation only if it is really necessary.
The Office of the Government of the Czech Republic
CIA – when it is not processedCIA – when it is not processed
amendment to the Constitution
changes in constitutional law
in a state of legislative emergency
draft law on state budget and final account
in cases of emergencies
case only changes the parameters of existing laws (eg tax rates)
The Office of the Government of the Czech Republic
if the government made decision in plan of legislative work
case only changes the parameters of existing laws (eg tax rates)
in the case of draft implementing regulations, when their risk of corruption is already included in the evaluation of the draft legislation
The Office of the Government of the Czech Republic
„„SMALL“ CIA - contentSMALL“ CIA - content
which entities in terms of their number, market power, structure and organization are affected by the draft law
evaluation of known cases of corruption and other violations of law in the past
determination of the major corruption risks that may be related with solutions
The Office of the Government of the Czech Republic
CIA - situation when simple evaluation CIA - situation when simple evaluation (small CIA) (small CIA) is not is not sufficient and is need prepare a large studysufficient and is need prepare a large study (big CIA) (big CIA)
assumption that the minor corruption will commit a large number of subjects (citizens)
assumption of systematic corruption of a small number of subjects that dominated the area (sector firms)
these are draft regulations that may affect the transparency of public administration and the principles of open government (availability of information)
The Office of the Government of the Czech Republic
„„BIG“ CIA – also containsBIG“ CIA – also contains
completely justification for the current legislation does not
evaluation of current legislation or its part in relation to the analysis of the actual state
description of links to other legislation
description of political preferences or strategies, of which the proposal is based
The Office of the Government of the Czech Republic
description of differences between targets based on the general political requirement and targets based on professional requirements
set quantifiable indicators of the target state
using the results of risk analysis will assess whether the targets will aim to eliminate or reduce risks
assessment of the risks would result in acceptance of new legislation
assessment of the risk resulting from the failure to adopt new legislation
The Office of the Government of the Czech Republic
CIA - CIA - consultation with the publicconsultation with the public
With whom:
professional community
laic public
„Watch dogs“ organizations (Transarency International etc.)
The Office of the Government of the Czech Republic
Why?
obtaining additional overview of the situation of corruption
estimate the size of corruption cases in the areas covered by the proposed regulation
find other suitable sources of information
finding new perspectives of viewing the problem
identification of other possible options for solutions
The Office of the Government of the Czech Republic
obtain the results of an independent evaluation of potential impacts
the views of the appropriate legislative and non-legislative measures to prevent or eliminate corruption in the region
finding a balance between competing interests
increase understanding of the design and better preparedness of subjects to implement the legislation
mitigate the risk of unforeseen consequences
The Office of the Government of the Czech Republic
CIA – CIA – methods of methods of elimination of identified elimination of identified risksrisks
strengthening of control mechanisms - increased frequency and depth controls
strengthening of enforcement mechanisms
enhance transparency during the legislative process and implementation process of the proposal
introduction or strengthening of the principle of open data in the proposed regulation
The Office of the Government of the Czech Republic
In the event that the proposed solution proves inadequate, and if this is not possible to resolve some of these measures, the proposal must be revised prior to transfer to the Government, so that the risk of corruption is acceptable.
The Office of the Government of the Czech Republic
CIA – other relatedCIA – other related
always must be evaluated costs associated with changes and must be minimized administrative and financial requirements for the participants of legal relations
if arise for municipalities and counties costs associated with the transfer of state power must be quantified and must be determined source of their coverage
The Office of the Government of the Czech Republic
CIA - conclusionCIA - conclusion
Of course the CIA is not itself able to solve problems with corruption,
but it provides universal guidance on how to proceed and what to avoid when drafting laws and
methodology to measure the degree of corruption risks in this context .
The Office of the Government of the Czech Republic
CIA will lead to the unification of practice across Ministries.
Reduces the risk of corruption opportunities in the law due to not sufficent experience or not sufficent imagination officials.
Reduces the risk of deliberate formulation of legislation in a manner allowing a later corruption, especially by implementing the consultation and traceability of such provision.
The Office of the Government of the Czech Republic
Thank you for your attention