Legislation

Updated survey of anticorruption legislative changes

(Updated on 13 November 2013) - In Czech only

Corruption has become colloquial Czech, but it will take time to cut it down to proportion. This makes all the more important the role of NGOs in exerting necessary pressure for concrete steps to be taken not only by the political representation, but also by the general public. In order to curb graft, it will be essential namely to:

  1. Enforce anticorruption legislative changes
  2. Enhance law enforcement
  3. Investigate and convict corrupt elements in cases of significant economic impact
  4. Encourage the broad public to correctly perceive positive values

This brief survey outlines anticorruption legislative changes, with each measure proposed divided into four parts as follows:

  1. Problem description
  2. Proposed solution
  3. What was done to tackle the problem
  4. Counter-arguments

This document is based on experience gathered in the course of work on anticorruption measures within the realm of the Anticorruption Endowment (and the website www.nfpk.cz), or in the course of cooperation on the Reconstruction of State project, (see www.rekonstrukcestatu.cz).

Author: Janusz Konieczny

Rekonstrukce státu (Reconstruction of State) project

Rekonstrukce státu is neither a new movement nor a single petition or political party. It is a joint programme, pursued by deputies and senators, many renowned experts, business leaders, chambers and associations, anticorruption organizations, and regional promoters, which has nine clearly defined goals. Its objective is to provide fresh impetus to anticorruption reforms in the Czech Republic and to adopt, before the end of the current election period, nine realistic legislative measures – Arrears. Their detailed description is available here on www.rekonstrukcestatu.cz.

Bills on officials and funding of political parties

In cooperation with other not-for-profit organizations, the Anticorruption Endowment analyzes a Bill on Officials - in Czech (in conjunction with Ekologický právní servis, Oživení and Transparency International), and a Bill on Funding Political Parties - in Czech (in conjunction with Ekologický právní servis, Transparency International, Oživení, Zelený kruh and Inventura demokracie).

Government Priority or Public Enemy No. 1- Press Release, 28 Feb 2013

Government’s new anticorruption strategy stops short of depoliticizing administration - Press Release, 16 Jan 2013

Anticorruption Organizations: Rejection of supervision of party economic management exposes politicians’ revulsion against functional control of party financingí – Press Release, 9 Jan 2013

        
  

Stop Corruption! Initiative Group drafts own bills in reaction to legislative proposals in the pipeline

The Anticorruption Endowment in concert with Public against Corruption civic association starts Stop Corruption! Effort and presents its own legislative proposals:

  1. Draft amendment to Public Procurement Act to enhance transparency of the process - in Czech only
  2. Draft legislation on abolishing the institute of bearer shares - in Czech only

  

Financial Control Act

At its nearest meeting, the Chamber of Deputies will decide about a controversial amendment to the Law on Financial Control in Public Administration - in Czech only (Act 320/2001 Coll.), drawn up by the Ministry of Finance but rejected by the Senate. According to most Senators, this amendment to key legislation on fighting corruption will not ensure effective control of spending taxpayer money and will not prevent theft of state assets. Senators chiefly argued that this legislation ignores World Bank recommendations and international good practices, fails to strengthen managers’ responsibility in the management of public assets, deepens the participation of territorial fiscal control bodies in the processes of internal control and steering mechanisms, and fails to ensure independent state audit—shortcomings long criticized by experts as well as the European Commission.

The nonprofit anticorruption organizations Good Governance, Inventura demokracie, Anticorruption Endowment (NFPK) and Oživení appeal to parliament in an open letter to reject the draft amendment.