Clean_future.pdf - Policy Documentation Center

While corruption is not a product of democracy, it can turn into one of the main obstacles to establishing democratic values. I am convinced that this Forum will make a real contribution in terms of coordinating priorities in the anti-corruption efforts of the government, on the one hand, and civil society, on the other.

INTRODUCTION

FIRST ACTION LINE: CREATING A FAVORABLE INSTITUTIONAL

Background
Objectives
Actions
Public admi- nistration

Background
Objectives
Actions

Establishing new institu-

Background
Objectives

Developing the public

Actions
Background
Objectives
Actions

Financial liability should include reimbursement of all costs associated with the termination of the contract. The practical implementation of the Public Procurement Act, which has been in force since 1997, has revealed a number of shortcomings inherent in the law.

SECOND ACTION LINE

REFORMING THE JUDICIAL SYSTEM

Background

Objectives

Actions

Background
Objectives
Actions
In the field of civil law

Background
Objectives
Actions

Background
Objectives

It is recommended that the new Code of Criminal Procedure create conditions for openness and transparency in criminal processes by moving the center of the process towards the court. A comprehensive and competent reform of the judicial system should be planned and become the subject of a wide debate.

General proposals
Actions
Background
Objectives

Lack of experience and knowledge is to a large extent the cause of negative results in the functioning of the judiciary, although the general public attributes them to corruption. The professional training of the support staff of the justice system is very inadequate.

Actions
Background
Taking mea- sures to ex-

Objectives
Actions

THIRD ACTION LINE: CURBING CORRUPTION IN THE

It would be extremely useful to devise a method for the selection and evaluation of personnel in the judicial system. Coordination of hiring and promotion proposals with those working in the respective instance of the judiciary (with opinion by secret ballot).

ECONOMY

Background

Objectives

Actions

Background
Objectives
Actions
Liberalizing the condi-

Background
Objectives
Actions
Background

Enhancing the effective-
Limiting cor- ruption in fi-

Objectives
Actions

FOURTH ACTION LINE

Both global practice and the recent history of the revival of the private sector in Bulgaria show that some of the most conspicuous forms of corruption are frequently observed in the relations between private companies. Curbing corruption in the private sector through consistent economic reforms that facilitate free competition and private enterprise.

ENHANCING CIVIC CONTROL IN THE FIGHT AGAINST

CORRUPTION

Background
Objectives
Actions
Developing the institu-

Background
Objectives
Actions

Involving professional

Background
Objectives
Actions

Various professional organizations are in the process of drafting their own codes of conduct. The media and civil society institutions have not yet coordinated in the fight against rampant corruption and crime.

Monitoring media coverage of the problems of corruption
Background
Cooperation with religious

Objectives
Actions

FIFTH ACTION LINE

It is necessary to coordinate the anti-corruption activities of professional organizations and associations of journalists with those of other NGOs. It is recommended that the Department of Journalism and Mass Communication at the University of Sofia and the Department of Mass Communication at the New Bulgarian University be involved in the design and organization of the courses.

CHANGING PUBLIC PERCEPTIONS OF

Background

Objectives

Actions

For this purpose it will be necessary:. to specify the subject of the campaign, its target group and methods of implementation. For use in the education campaign, a handbook should be prepared for the upper secondary classes, which will contain a glossary of articles on key terms.

The public education campaign is also required by the need for additional and accessible information on future regulations in this area after the adoption of laws on public administration and public officials. These courses would acquaint citizens with their rights, the obligations of the municipality and the functional distribution and provision of services at the municipal level.

Expected obstacles to the

SIXTH ACTION LINE

INTERNATIONAL COOPERATION

Background

Objectives
Actions
Background
Objectives
Actions
International economic, fi-

Background
Objectives
Actions

Cooperation with other in-

Background
Objectives
Actions

The OECD has taken the issue of corruption of officials in international business very seriously. The fight against corruption in international business is one of the OECD's main goals.

Background

The Ministry of the Interior of the Republic of Bulgaria, in the capacity of the central law enforcement authority, has signed cooperation agreements with all the countries of the region, with the exception of the Federal Republic of Yugoslavia. Ratification of the treaty with Croatia is imminent and, unlike those with other countries, it has been signed as an intergovernmental treaty.

Objectives

Actions
Background
Objectives
Actions
Cooperation with govern-

Cooperation with government aid institutions would ensure that the expertise and experience of government authorities and non-governmental organizations in developed countries is available to implement this set of measures. Cooperation should be ensured for the involvement of governmental and non-governmental experts from the relevant countries in the regular monitoring of the progress made by Bulgaria in the fight against corruption.

CORRUPTION MONITORING SYSTEM

CORRUPTION INDICES

The current edition of the Corruption Indices of Coalition 2000 is based on these recent studies. Corruption indices are among the important results of Coalition 2000's Corruption Monitoring System (CMS).

STRUCTURE AND INTERPRETATION

Corrupt Practices

Assessments of the spread

Corruption Expectations

THE SOCIAL MEANING OF CORRUPTION INDICES

VALUES OF CORRUPTION INDICES

Attitudes towards corruption

The index of corrupt practices is higher among public officials than among the general population. The data show that cases of participation in various forms of corrupt acts do not cover the majority of citizens.

Assessments of the spread of corrupt practices

Corruption expectations

CONCLUSIONS

SUMMARY: THE CORRUPTION INDICES OF COALITION 2000

COALITION 2000 INITIATIVE AND CORRUPTION

MONITORING SYSTEM

Corruption Assessment and Development of an Anti-Corruption Action Plan

The first CMS panel of surveys should be conducted at the initial stage of the project. The full analysis of the findings from the first CMS panel of surveys will be presented in the Corruption Assessment Report (CAR).

Anti-Corruption Awareness Campaign

The findings of the first studies will be presented to the group of experts drafting the anti-corruption action plan. The main function of the CMS in the initial phase of the project is to assist experts in the drawing process.

Monitoring of corruption and corrupt behavior The basic functions of the CMS itself are related to its major outputs: the

IMPROVEMENT OF THE

Analysis of patterns of corrupt behavior. The results and analysis of the CMS research will be one of the essential content elements of the awareness campaign. In this regard, CMS will be the main provider of analyzes aimed at triggering a public debate on corruption issues in Bulgarian society.

The process of CMS methodology development

During the implementation of Coalition 2000 initiatives, new expert panel members could be invited to further discuss and develop CMS methodology and results.

Public Access to CMS Data

STRUCTURE OF THE

Structure of the CMS

Regular observations also provide feedback on the effectiveness of the anti-corruption initiatives in Bulgarian society and on the progress towards achieving the goals of Coalition 2000. Based on the extensive corruption monitoring panel, a corruption assessment report will be prepared for the annual policy becomes Forum.

Elaboration and testing of the first version of the CMS methodology

Improvement of the CMS methodology Duration

Stages of

Implementation of the CMS

Current Corruption Monitoring Duration

CMS SURVEY METHODOLOGY

Quantitative Survey of Public

In the first stage, primary units (clusters) are selected with a probability proportional to the size of the units in relation to the number of electoral divisions in the country. Each interviewer will be given the names and addresses of the respondents to be interviewed.

Representative Surveys of the

Focus group discussions
Regular monitoring of the news programs of National TV and National Radio
Regular monitoring of central newspapers with national coverage
Collating the results of media monitoring and quantitative surveys (S1 and S2)

In-depth interviews form part of the diagnostic part of the project and are carried out once a year. The purpose of the monitoring is to locate the coverage of corruption-related topics in the news programs.

COALITION 2000 CORRUPTION INDICES: METHODOLOGY AND

Theoretical base of the

Includes the activity of the actors related to creating a situation for corrupt practices (exerting pressure) and the actual act of corrupt behavior. Action Results Assessments of the scope of corruption Include the assessment of the level of distribution (involvement) of public officials in different forms of corrupt behavior as well as the assessment of the levels of transformation of corruption into a behavioral norm (into a socially effective instrument to solve personal problems).

Interpretation of Corruption

Third, in cases where the frequency of corrupt behavior exceeds the level of Òindividual isolated casesÓ it is likely that assessments of the prevalence of corruption would significantly exceed the frequency. Currently, the level of accuracy of empirical survey estimates of the reality of corruption is (for obvious reasons) significantly higher compared to the information available from law enforcement institutions.

Attitudes towards Corruption 1. Principle Acceptability of Corruption

Structure and Conceptual

One of the basic theoretical assumptions for creating the CMS is that it is more important to follow the dynamics of corruption in several dimensions than to analyze its initial/current values. Corruption indices give an approximation of the extent and aspects of corruption based on the assessments of citizens and civil servants.

Corrupt practices

Magnitude of Corruption

Expectations about the Future of Corruption

Method of Computation

The closer the index's value is to 1, the higher the susceptibility to corruption. To construct aggregate indices, the values of the individual indices are normalized by adjusting their values to fall within the range 0.00 Ñ 1.00.

Information base for com-

For example, the corruption spread index is normalized by dividing the current value (1.79) by the maximum value (3.00), yielding the normalized value (0.60). In their first issue, corruption indices have only one value and provide basic characteristics of public awareness and corruption behavior at the beginning of the monitoring period (June–July 1998).

APPENDICES

AND AGREEMENTS

Conventions, Treaties and

Declarations

EU, Convention of 26 May 1997 on combating corruption involving officials of the European Communities or officials of the Member States of the European Union, OJ C. UN, Fundamental Principles of the Independence of the Judiciary (Seventh United Nations Congress on the Prevention of Crime and the Treatment of 4.

Specialized Fora

Programs, Recommen-

United Nations, Fifth Congress on the Prevention of Crime and the Treatment of Offenders, New Roles of the Police and Other Law Enforcement Agencies, with Special Reference to Changing Expectations and Minimum Standards of Performance, Working Paper Prepared by the Secretariat, A/CONF. 56/5. OECD, Development Assistance Committee, Final Report of the Ad Hoc Working Group on Participatory Development and Good Governance, Paris 1997.

Overview Materials

Cooperation Agreement between the Minister of the Interior of the Republic of Bulgaria and the Ministry of Foreign Affairs of the Republic of Turkey against Drug Trafficking, Terrorism and Organized Crime Ñ Sofia, 3 February 1993. Cooperation Agreement between the Minister of the Interior of the Republic of Bulgaria and the Ministry of the Interior of FYROM Ñ Skopje, 20 October 1992.

Regional Bilateral and

Agreement between the Minister of the Interior of the Republic of Bulgaria and the Ministry of Public Order of the Republic of Greece on Cooperation in the Fight against International Terrorism, Drug Trafficking and Organized Crime Ñ Athens, July 1991. Treaty between the Governments of the Republic of Bulgaria and the Republic of Croatia on Cooperation in the Fight against/Combating Organized Crime , illicit trade in narcotic and psychotropic substances and terrorism Ñ Sofia, 26 November 1996 (not ratified).

OF THE OMBUDSMAN INSTITUTION IN THE REPUBLIC OF BULGARIA

REPORT OF THE WORKING GROUP OF THE CENTER FOR THE STUDY

JUSTIFICATION

The Ombudsman has no power to monitor the implementation of the obligations of the President and Members of Parliament. Similarly, the institution of the Human Rights Commissioner was established in Russia (by law of February 1997).

GENERAL PRINCIPLES

The most essential function of the ombudsman will be to guarantee the rights and freedoms of private individuals more efficiently. The basic functions of the institution determine in advance the subject and scope of its activities.

Functions, Subject and

The Person of the Ombudsman

Regardless of the name of the institution Ñ ombudsman, parliamentary commissioner, human rights commissioner, public ombudsman, mediator, etc. In Bulgaria, at the initial stage of establishing an institution, it would be appropriate to have one individual who meets certain requirements, i.e. conditions set by law: Bulgarian citizenship, political neutrality, high professional achievements, between a certain minimum and maximum age, knowledge of domestic, international and European law, university degree and not holding other public positions or functions during the term of office.

Parliamentary Ombudsman

To ensure that the selection of candidates is done in a responsible manner and there is a sufficient pool of qualified candidates, it is suggested that proposals for the Ombudsman be made by the President, the Supreme Judicial Council and the President of the Constitutional Court. as well as from a reasonable predetermined number of individuals. The proposed mechanism for proposing candidates for the People's Advocate will mitigate the politicization of the parliamentary debate and the electoral process and will prevent the transformation of the parliamentary People's Advocate into a governmental one.

Appointment and Term of Office

It is proposed that the Council of Ministers (specifically the Prime Minister) should not be included in the list of the constitutional bodies that are entitled to make a proposal for an ombudsman, because according to the conditions for a parliamentary governance, Ministers are supported by the majority of the parliament anyway, which on its side will always have the deciding vote when the candidates are selected and the final choice is made. At the same time, it aims to create conditions for proposing competitive candidates, for selectivity and alternativeness in the election and for recruiting the best candidate.

4 Independence and Immunity

The other grounds for termination of the authorities of the ombudsman, in addition to his dismissal, may be similar to those applicable to the termination of an MP's term of office as listed in Article 72, para 1 of the Constitution Ñ namely resignation, effective imprisonment for a willful crime or any imprisonment not suspended, breach of any of the requirements for holding office, or death.

5 Budget and Organization of the Activity of the Ombudsman Office

Types of Responsibilities and Authority
Powers, Basic Principles and

Basic Principles in the OmbudsmanÕs Activity
Petitions and Procedures
Report of the Ombudsman before the National Assembly The report is submitted to the Parliament annually; e.g., at the beginning or

BACKGROUND
OBJECTIVES
CONCEPT AND DESIGN
ACTIVITIES

Conducting a series of Corruption Assessment Surveys and Preparing a Corruption Assessment Report

A summary of the report may be published in the Government Gazette and the full text should be available at the Ombudsman's office for anyone interested. The report plays an extremely important role in publicizing the ombudsman's activities.

Corruption Assessment and

The basic findings of the first investigations of the Corruption Monitoring System are used to prepare the Corruption Assessment Report. Corruption Assessment Surveys are part of Coalition 2000's Corruption Monitoring System (CMS), which is detailed in Component 3 below.

Corruption Action Plan

Elaborating an Action Plan

After the official launch of Coalition 2000, the Steering Committee created the working group of over 30 experts, who drafted the summary document Anti-Corruption Action Plan for Bulgaria. Conducting a policy workshop to discuss the draft Action Plan After the preparatory work of the working group, the summary document was.

Conducting a Policy Workshop to discuss the draft Action Plan Following the preparatory work of the task force, the outline document was

In consultations with over 70 interested institutions and experts, the various types of expertise to be made available to the task force were identified, including: political science and history, economics and business management, law, media analysis. , survey research and criminology.

Conducting a Policy Forum to discuss and endorse the final version of the Action Plan

Anti-Corruption Awareness

Awareness Program

A public service training program will be developed and implemented with the assistance of the International Development Law Institute (IDLI) in Rome. Increasing the awareness of the Bulgarian public about the importance of cooperation with international organizations in the field of anti-corruption.

Pilot Anti-Corruption Initiatives to Raise Awareness through Practical Examples

By disseminating information to the international community about its activities and results achieved, Coalition 2000 contributes to improved international knowledge and appreciation of Bulgaria's anti-corruption efforts. By inviting foreign and international organizations to provide information on their anti-corruption activities as part of the awareness tools, Coalition 2000 will establish a cost-effective mechanism to promote these efforts among the Bulgarian public.

Process monitoring: The

Corruption Monitoring

THE COALITION 2000 PROCESS

A PUBLIC-PRIVATE PARTNERSHIP

INSTITUTIONAL STRUCTURE OF THE COALITION 2000

PROCESS

Policy Forum

The main purpose of the first meeting of the Policy Forum is to discuss and adopt an Anti-Corruption Action Plan for Bulgaria. Asen Dulgerov Secretary, Sofia Municipality and Chairman of the Supervisory Board of the Privatization Agency, Mr.

Steering Committee

Evgenii Dainov Director, Center for Social Practices (CSP), and Chairman of the Board of Directors, Open Society Foundation, Sofia. To permanently support the work of the Steering Committee, a secretariat was established at the Center for the Study of Democracy.