The Group of States against Corruption (GRECO) published on Tuesday the Fifth Evaluation Round Compliance Report for North Macedonia. It concluded that North Macedonia has satisfactorily implemented four of the 23 recommendations contained in the Fifth Round Evaluation Report, while of the remaining recommendations, nine have been partly implemented and ten have not been implemented, MIA reports from Strasbourg.
GRECO’s Fifth Evaluation Round deals with “Preventing corruption and promoting integrity in central governments (persons entrusted with top executive functions – PTEF) and law enforcement agencies (LEA)”.
With respect to top executive functions (PTEFs), the adoption of the new Code of Ethics for PTEFs is to be welcomed. It has introduced, for the first time, rules on PTEFs’ interaction with lobbyists and third parties seeking to influence the public decision-making process. The revision of the Governmental Decree on the acceptance of gifts in public institutions, including central government, and the development of the Practical guide with clear indications to PTEFs on how to identify conflicts of interest are also positive developments. Members of government have been trained on the Code, conflicts of interest and other integrity issues, reads the reports.
On a negative note, placing the implementation of the Code of Conduct in the hands of a Deputy Prime Minister who has the authority to investigate and sanction violations and, at the same time, is to provide confidential counselling and collecting evidence of violations of the Code is not acceptable and not compatible with GRECO practice, the report adds.
Furthermore, the continued absence of integrity risk assessments and regular evaluations of the impact of integrity measures in central government is worrying. While substantial financial resources have been injected into the State Commission for Prevention of Corruption’s (SCPC) budget, it is not yet fully functional and cannot properly perform its duties under the laws currently in force. A particular concern is the substantial number of conflict of interests and asset disclosure cases involving PTEFs processed by the SCPC.
According to the report, it does not appear that an adequate analysis of the practical application of sanctions for conflicts of interest and other integrity violations has been carried out, nor that this sanctioning regime has been revised to ensure that it meets the prerequisites of effectiveness, proportionality and dissuasiveness.
With respect to law enforcement agencies (police), it is positive that information on the budget, activities, decisions, administrative proceedings and public procurement of the Public Security Bureau – one of the most secretive governmental structures – has been made more accessible online.
GRECO also welcomes the wide involvement of police staff at different levels, trade unions and civil society in the elaboration of the new Code of Ethics for the police force. The Code offers adequate practical guidance on expected ethical conduct, and regulates issues such as conflicts of interest, auxiliary employment, the reporting of unethical conduct, etc.
Preparatory steps are being taken to introduce integrity testing for persons entering the police as well as police staff throughout their service. External supervision of the police force by the Ombudsman Office and the Primary Public Prosecution Office for organised crime and corruption appears adequate, the report notes.
Conversely, a review of corruption vulnerabilities and risks in the police and a regular evaluation and impact assessment of the annual anti-corruption programmes of the police remain to be carried out. Most importantly, the operational independence of the police is to be brought into line with the Council of Europe’s standards for democratic policing and its depoliticisation ensured in law and in practice.
In view of the above, GRECO notes that further progress is necessary to demonstrate an acceptable level of compliance with the recommendations within the next 18 months. Pursuant to its Rules of Procedure, GRECO invites the Head of delegation of North Macedonia to submit additional information regarding the implementation of the outstanding recommendations by 30 September 2022.
GRECO also invites the authorities of North Macedonia to authorize as soon as possible the publication of this report.
