The second session of Working Group 3
„Effective measures in fighting corruption in Macedonia“
Premises: Club of Deputies of RM
Participants: Prof. Renata Deskoska (Minister of Justice), Peter Kovarik (Prime Minister’s Office, Government of the Slovak Republic), Milka Ristova (Retired Judge in Supreme Court of R.M.), Aleksandra Deanoska (Professor at Faculty of Law ”Iustinianus Primus”), Frosina Taseska (State Secretary at the Ministry of Justice), Natali Petrovska (Executive Director of Coalition “All For Fair Trials”) , Mileva Gjurovska (National Coordinator of NKEU-MK).
The were more than 50 participants to the session, WG 3 members and guests – lawyers, judges, university professors, NGO activists, Government officials, as well as, other interested individuals.
Opening address was given by the Minister of Justice, Professor Renata Deskoska proclaiming that the fight against corruption is one of the strategic priorities of the Government, and in that direction the anti-corruption law is being worked out. One of the tasks of the working group, as she said, is to define a new model of anti-corruption commission which will possess a real power to acting without any political influence. She also noticed that there are two tasks ahead of the judiciary: to fight corruption within the state institutions and to fight corruption in their ranks.
“Corruption is not just receiving cash benefits or gifts, but also the absence of any influence in the decision-making process, which is especially important for the judiciary, as it is explicitly stipulated that they must judge on the basis of the Constitution and laws in the Republic of Macedonia, which, unfortunately, was not always the case” – said Minister Deskoska.
After the opening speech of the Minister Deskoska, Prof. Aleksandra Deanoska from the Faculty of Law Iustinianus Primus stressed the fact of lack of knowledge of the ‘institute’ Whistlers/Pointers. She also added that the problem with the inconsistency of the legal acts is evident. Moreover, she emphasised the question if the system needs more effective or efficient mechanisms. Throughout the in-depth presentation of the Law on Protection of the Pointers/Whistlers, Ms. Deanoska stressed the overwhelming volume of the Law, the question of the protection of the Whistlers/Pointers and their identity, as well as, the protection of the rights of those close to them.
Frosina Taseska (State Secretary at the Ministry of Justice of R.M.) as participant and moderator imposed the question: Who is the right model that we need to incorporate in the fight against corruption?
Natali Petrovska (Executive Director of Coalition “All For Fair Trials”) stated that the measures for confiscation are unnoticeably used especially in the period of 2004-2008, and in general. Moreover, further in her discussion she emphasised that there is a lack of qualified human resources/professionals in the Courts involved in the corruption cases. Inter-alia, she mentioned the fact that the Public Prosecutor’s Office is lacking data for its own functioning for period of 2 years, which by itself says a lot about the transparency of this institution.
„ In the current legislation, under anti-corruption and criminal cases are incorporated only those cases that involve receiving a direct bribe, as well as, those that involve interest, but, actions that are subtle, those that have political and other type of influence are not incorporated in the political persecution.
The telephone calls and pressure on the Court, either initiated from political motive, relatives and other kind of motive, for the time being, cannot be incorporated in the system of legal responsibility for this kind of actions, but they have huge influence’- said Milka Ristova (Retired Judge in Supreme Court of R.M.).
Peter Kovarik (Prime Minister’s Office, Government of the Slovak Republic) presented the strategies of R. Slovakia in the fight against corruption and discussed about the main problems, benefits and practices, as well as, how R.Slovakia builds and manages the main bodies in the anti-corruption process. He stressed that it is a good practice that anti-corruption strategies are led from top-bottom levels of hierarchy, i.e. directly from the Prime Minister of the country. Moreover, he stated that it is a good strategy to form an Anti-corruption system and system for risk analysis in every Ministry separately; adding that it is highly important to have a practice of appointing responsible persons in every area.
Kovarik, also mentioned the objectives related to anti-corruption in his country, saying that in front of them are objectives such as improving the credibility, strengthening the anti-corruption mechanism and registration of different work position related to the main bodies in the anti-corruption process. Among the problems that Slovak Republic is facing, Mr. Kovarik highlighted the bigger anti-corruption cases that are harder to come to a solution and whose level of success is drastically lower than the successfully resolved smaller cases of corruption in his country; he continued with the statement that the System for financial inspection which, as stated, has not been effective enough; the lack of trust of the people in the institutions was another problem that Mr. Kovarik mentioned in his presentation.
Last but not least, Kovarik pointed a comparison between Bulgaria and Romania as countries with same level of corruption, but with a difference in the number of registered corruption cases. Romania has far more registered cases of corruption compared to Bulgaria and with this comparison Kovarik mentioned the practice of prevention versus repression.
Mileva Gjurovska (National Coordinator of NKEU-MK) emphasised the qualitative aspect in the whole process, which as she stated is slow, complex process and is a condition for success in the legislation, fight against corruption, fundamental rights and freedom of speech. Gjurovska stressed the political will as a key factor, but also reminded that all aspects under Chapter 23 are domain of action of the Government.