Doc. 11290

24 May 2007

Preventing corruption in Slovenia

Written question No 525 to the Committee of Ministers

presented by Mr Bartumeu Cassany

Observing that GRECO had taken note of the positive measures adopted by the Slovenian authorities following the recommendations made during its first evaluation round (see GRECO RC-I (2003) 1E), and that it had taken the view that the setting up in October 2004 of a Commission for the Prevention of Corruption, an independent body answering solely to Parliament in pursuance of the Prevention of Corruption Act (No. 2-71/2004), met the requirements of one of these recommendations;

Noting that certain legislative developments had nonetheless caused concern to GRECO (see Addendum to GRECO RC-I (2003) 1E and Addendum II Rev. 2), since the Act on Incompatibility of Public Function with Profit-Making Activities (ZNOJF-1), adopted on 10 February 2006, provided for the Commission for the Prevention of Corruption to be superseded by a parliamentary committee responsible for monitoring public officials' financial declarations;

Noting that the Slovenian Constitutional Court, before which a complaint was lodged that this law ipso facto abolished the Commission for the Prevention of Corruption, without providing similar guarantees of independence to the parliamentary committee superseding it, declared the law unconstitutional on 29 March 2007;

Mr Bartumeu Cassany

To ask the Committee of Ministers

      to inform the Assembly what the Slovenian authorities' intentions are in respect of the future of Slovenia's Commission for the Prevention of Corruption and of the guarantees with which they intend to provide it in terms of independence.

Signed ¹:

BARTUMEU CASSANY Jaume, Andorra, SOC

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      ALDE: Alliance of Liberals and Democrats for Europe

      EDG: European Democratic Group

      UEL: Group of the Unified European Left

      NR: not registered in a group