4 pillars: ۩ ۩ ۩ holistic ac concept prevention education ↔ awareness raising repression ↔...
TRANSCRIPT
44 pillars:pillars:
۩۩ ۩۩ ۩۩Holistic AC concept Holistic AC concept
Prevention
Prevention
Education
Education
↔ awareness raising
↔ awareness raising
Repression
Repression
↔ law enforcement
↔ law enforcement
© EPAC 2010© EPAC 2010
44 pillars:pillars:
۩۩ ۩۩ ۩۩ ۩۩Holistic AC concept Holistic AC concept
Prevention
Prevention
Education
Education
↔ awareness raising
↔ awareness raising
Repression
Repression
↔ law enforcement
↔ law enforcement
& Cooperation
& Cooperation
© EPAC 2010© EPAC 2010
Holistic AC concept Holistic AC concept
Cooperation: The ICooperation: The I77 approach: approach:
1.1. Inter-disciplinaryInter-disciplinary
2.2. Inter-sectoralInter-sectoral
3.3. Inter-operational Inter-operational (inter-agency, inter-corporation)(inter-agency, inter-corporation)
4.4. Inter-professionalInter-professional
5.5. Inter-generationalInter-generational
6.6. Inter-national/-regionalInter-national/-regional
7.7. Inter-culturalInter-cultural© EPAC 2010© EPAC 2010
International Cooperation:International Cooperation:
• Chapter IV, Art 43-50 UNCACChapter IV, Art 43-50 UNCAC
• Chapter II, Art 13 Civil Law ConventionChapter II, Art 13 Civil Law Conventionon Corruption, CoEon Corruption, CoE
• Chapter IV, Art 25-31 Criminal Law Chapter IV, Art 25-31 Criminal Law Convention on Corruption, CoEConvention on Corruption, CoE
• Art 9-12 Convention on Combating Bribery Art 9-12 Convention on Combating Bribery of Foreign Public Officals inof Foreign Public Officals in
International Business Transaction, OECDInternational Business Transaction, OECD• et alteraet altera
© EPAC 2010© EPAC 2010
Photo courtesy of Anticorruption and Integrity Program, GTZ
Art 6 & Art 36 UNCAC:Art 6 & Art 36 UNCAC:
‘…‘…. be granted. be grantedthe necessary independencethe necessary independence,,
in accordance with the in accordance with the fundamental principles of the fundamental principles of the
legal systemlegal systemof the State Party,of the State Party,
to be able to carry out their to be able to carry out their functions effectively and without functions effectively and without
undue influence.’undue influence.’ © M. KREUTNER, 2010 © M. KREUTNER, 2010
© M. KREUTNER, 2010 © M. KREUTNER, 2010
10 Guiding Principles and Parameters10 Guiding Principles and Parameterson the Notion of Independence of AC on the Notion of Independence of AC
bodiesbodies
1.1. The backbone of an appropriate, The backbone of an appropriate, comprehensive, and stable comprehensive, and stable
statutory/constitutional legal framework.statutory/constitutional legal framework.
2.2. Appropriate allocation of highly qualified Appropriate allocation of highly qualified personnel, adequate resources (including personnel, adequate resources (including
remunerations and incentives), effective and remunerations and incentives), effective and efficient institutional and organisational efficient institutional and organisational
frameworks, and appropriate professional frameworks, and appropriate professional training possibilities; in addition, the ability to training possibilities; in addition, the ability to
decide upon these resources (including decide upon these resources (including personnel) and to use these capabilities at personnel) and to use these capabilities at
their own discretion without prior consultation their own discretion without prior consultation or approval. or approval.
© M. KREUTNER, 2009 © M. KREUTNER, 2009
3. Transparent and objective recruitment (dismissal) 3. Transparent and objective recruitment (dismissal) procedures/ mechanisms for the head of the ACA and procedures/ mechanisms for the head of the ACA and all other (key) personnel that are based on principles all other (key) personnel that are based on principles of efficiency, transparency and objective criteria and of efficiency, transparency and objective criteria and
that focus on a proven record of the individual’s that focus on a proven record of the individual’s integrity, skills, education and training, experience, integrity, skills, education and training, experience, and professionalism, only; including provisions and and professionalism, only; including provisions and
factual safeguards against appointments (dismissals) factual safeguards against appointments (dismissals) motivated by undue considerations.motivated by undue considerations.
4. Terms of office of a minimum of two 4. Terms of office of a minimum of two (parliamentary) legislative periods plus 1 year each (parliamentary) legislative periods plus 1 year each
(i.e. in total preferably 12 years or more) for the (i.e. in total preferably 12 years or more) for the head of the ACA and all other (key) personnel head of the ACA and all other (key) personnel without the possibility to be reappointed for a without the possibility to be reappointed for a
second term of office, including a transparent system second term of office, including a transparent system of reasonable and just follow-up careersof reasonable and just follow-up careers
for those who leave the ACA. for those who leave the ACA.
© M. KREUTNER, 2009 © M. KREUTNER, 2009
5. 5. Terms of office / employment of ACA personnel Terms of office / employment of ACA personnel on a voluntary basis by the respective on a voluntary basis by the respective
individual.individual.
6. The ability (of the ACA) to engage in its activities 6. The ability (of the ACA) to engage in its activities and carry out its functions – especially to and carry out its functions – especially to
investigate and/or prosecute concrete investigate and/or prosecute concrete allegations – effectively and efficiently and allegations – effectively and efficiently and
without undue influence or reporting obligations without undue influence or reporting obligations at its own discretion without prior consultation at its own discretion without prior consultation
or approval.or approval.
7. Unrestricted access to necessary information, at 7. Unrestricted access to necessary information, at the same time means and mechanisms to the same time means and mechanisms to protect the persons who help the ACA in protect the persons who help the ACA in
combating corruptioncombating corruption(“whistleblower protection”)(“whistleblower protection”)
and preserving the confidentiality of and preserving the confidentiality of investigations.investigations.
© M. KREUTNER, 2009 © M. KREUTNER, 2009
8. The ability and responsibility to co-operate with 8. The ability and responsibility to co-operate with and address civil society, the media, academia, and address civil society, the media, academia, and other stakeholders of society at all times at and other stakeholders of society at all times at its own discretion without prior consultation or its own discretion without prior consultation or
approval and to be addressed by those to approval and to be addressed by those to safeguard overall transparency, accountability, safeguard overall transparency, accountability,
and legitimacy of the ACA; and, in a similar and legitimacy of the ACA; and, in a similar vein, the accessibility by the general public at all vein, the accessibility by the general public at all
times, including by offering channels of times, including by offering channels of anonymous communication.anonymous communication.
9. The ability and obligation to co-operate and 9. The ability and obligation to co-operate and liaise with likewise organisations, networks, and liaise with likewise organisations, networks, and other stakeholders nationally, trans-nationally other stakeholders nationally, trans-nationally as well as internationally at its own discretion as well as internationally at its own discretion
without prior consultation or approval.without prior consultation or approval.
© M. KREUTNER, 2009 © M. KREUTNER, 2009
10. An independent advisory/oversight 10. An independent advisory/oversight instrument or mechanism to monitor and instrument or mechanism to monitor and
provide “air cover”, to investigate alleged provide “air cover”, to investigate alleged misconduct of the body and further proceed misconduct of the body and further proceed
against it or those responsible via against it or those responsible via appropriate channels if reasonably appropriate channels if reasonably
grounded, and – on the other hand – provide grounded, and – on the other hand – provide credible and swift exoneration in cases of credible and swift exoneration in cases of unjustified accusations against the body unjustified accusations against the body
and/or its employees by politics, the media, and/or its employees by politics, the media, those under investigations or others.those under investigations or others.
Status: Jänner 2009Status: Jänner 2009
Source: www.cartoonstock.com
EUROPAEUROPA
© EPAC 2010© EPAC 2010
