February 11, 2003
Dr. Maria Yordanova, Director of Law Program,
Center for the Study of Democracy
Ladies and gentlemen! I have the challenging task of
outlining in a few short minutes the analysis and general
evaluation of the corruption situation in this country over the
past year, of the achievements and failures in the fight against
corruption. A number of specific proposals concerning
anti-corruption measures have been formulated on this basis, many
of which will, I hope, provoke a productive discussion.
Those who are more closely familiar with
Coalition 2000 know that for the fourth consecutive time the
Corruption Assessment Report adheres to the structure of the
Anti-corruption Action Plan adopted at the first Policy Forum of
the Coalition in 1998, and namely:
First of all, the conclusion about the persistent
high rate of corruption as one of the gravest problems faced by
Bulgarian society is based on the findings of the corruption
monitoring system of Coalition 2000 and more specifically,
the analysis of the corruption indexes updated on the basis of the
quarterly empirical surveys.
Under the first group of indicators, which concern
corrupt behavior and actual involvement in corrupt practices, the
period 1998-2002 has been marked by a steady, if insignificant,
decline in personal involvement in corrupt practices. Although the
rate of corruption did not increase in 2002, in absolute terms the
number of instances of corruption remained alarming - a monthly
average of about 130,000 actual offers of money, gifts, or services
in order to have some personal problem addressed.
The indexes concerning the spread of corruption
reflect popular evaluations of the corruption-related image of the
institutions of power or the persons exercising such power. While
public expectations regarding the addressing of the corruption
problem remained relatively high they increasingly focused on the
need for a clear-cut political strategy and truly effective
government policies and mechanisms to curb corruption.
Secondly, the section of the report dealing with the
establishment of a general legal-and-institutional environment for
counteracting corruption analyzes both the achievements and the
unsolved problems in the sphere of administrative reform and the
control of the activity of the administration, the poor interaction
between state institutions, on the one hand, and between the state
and society, on the other. The analysis has led to the conclusion
that there lack any lasting positive results in terms of curbing
corruption in the sphere of public administration and
administrative services. Proposals have been formulated for
enhancing the transparency and accountability in the work of the
administration; for development of effective internal control
mechanisms supplementing the external control exercised by the
established specialized authorities: Audit Office, Financial
Intelligence Bureau, Internal State Financial Control; for adoption
of new mechanisms and instruments with anti-corruption control
potential.
As the problem was duly noted already, I will not
deal with the question of the unjustified delay of the legislative
regulation of the ombudsman institution. I would just like to
mention the yearlong efforts of civil society to draft legislation
and establish local institutions of this type in cooperation with
the municipal authorities. This has revealed considerable
anti-corruption potential, as evidenced by the first studies and
summary reports on the cases handled by these institutions.
Also set in the context of the establishment of a
legal and institutional environment discouraging corruption, are
the more general problems concerning the need to improve the
quality of the legislation and generally enhance the legislative
process based on greater stability and internal harmonization
between the adopted laws and regulations; on improved
intra-institutional dialogue and coordination of the efforts to
curb corruption and to establish a democratic balance of powers and
democratic mechanisms of overcoming any arising conflicts among
them. In this respect the report asserts the need for parliament to
assume a leading role in this process.
A favorable evaluation has been given to the
development of the legal anti-corruption instruments and
particularly the amendments to the Penal Code with a direct bearing
on the prevention and punishment of corruption in line with
international standards. Yet the need has also been noted to
improve the procedural mechanisms and enhance the law-enforcement
capacity in this sphere.
Thirdly, emerging with particular urgency are the
problems of the judicial reform considered in the context of the
debatable practical dimensions of the reform in 2002, as well as
the persistent negative attitudes on the part of different social
groups to the basic units of the judiciary and the magistrates and
officials working there. The lack of a comprehensive conception of
the reform of the structure and management of the judiciary, and
most notably, of consensus between the different branches of power
and between the individual units of the judiciary itself, as well
as the absence of agreement on the long-term priorities of the
reform lead to fragmentation of the problems, inconsistency, and
even obstruction, of the efforts to implement the reform. It is
imperative to address this problem before we can seriously consider
any change within the existing constitutional model or any future
constitutional amendments regarding the judiciary.
Along with the role of the courts, prosecution, and
investigation for the exposure and punishment of corruption, the
analysis also considers some other institutions outside the
judicial system but with closely related activity, such as the
police, the bench, and others.
An important element are the recommendations made in
the report for adoption of unified indicators, coherence, and
greater transparency in keeping the statistics concerning the
detection, investigation, and punishment of corruption-related
crime in the individual units and bodies of the judiciary and the
executive; on the need to put into operation an integrated
information system to fight crime. Other related proposals include
setting up a special unit within the structure of the prosecution
with the authority to investigate grave cases of corruption; to
adopt the institution of the independent prosecutor appointed by,
and subordinate to, the Supreme Judicial Council and which is to
investigate corruption-related offenses committed by magistrates,
and other ideas that are in the process of elaboration and will be
subject to future discussion. Reforming the court administration
and improving the infrastructural facilities and financial
provision for the judiciary could tangibly contribute towards
countering corruption.
Fourthly, the evaluation of anti-corruption efforts
in the economy in 2002 does acknowledge the numerous
anti-corruption initiatives, including more transparent procedures,
but it also notes their, as yet, minor practical impact. On the
whole, the regulatory intervention of the administration in the
economy remains inconsistent and non-transparent, which sustains
the persistently high share of the gray sector and the related
corruption. The analysis considers the spheres most susceptible to
corruption, which need to be closely monitored in the future: the
spending of budget funds and funding under European Union funds;
concessions and the implementation of large-scale infrastructural
projects; the remaining privatization deals; municipal finances;
public procurement; competition policy; the financing of political
parties and organizations.
Regarding the recommended measures in the context of the judicial
and economic reforms it is worth noting the proposed reform of the
existing registration system and gradual adoption of a central
registry of legal entities and electronic registry center outside
the courts, which would not only be in position to meet the rising
demand, and not only relieve court activity, but would
significantly restrict the opportunities for corrupt practices and
pressure over business entities and private individuals.
In the fifth place, the report considers the role of
anti-corruption public-private partnership and particularly of the
intensified civic control not only at the stage of anti-corruption
goal formulation, but also of the actual activity of the respective
state institutions. At the same time it outlines the problems and
challenges facing civic organizations, the poor coordination
between them, the persistent tendency for the non-governmental
sector to generate corruption, etc. The analysis duly acknowledges
the role of the media and of investigative reporting in terms of
exposing corruption, but also in drawing public attention to the
all too limited impact of a number of anti-corruption initiatives.
Recommendations have been made to improve the professional skills
and knowledge of journalists and improve interaction between the
media, state institutions, and non-governmental organizations.
Last but not least, the report presents the
international anti-corruption monitoring and international
evaluations of anti-corruption efforts in Bulgaria. For yet another
consecutive year Bulgaria has improved its indicators in the
Transparency International ranking. In fact, while it held the 66th
place in 1998, in 2002 it was ranked 45th out of 102 countries,
overtaking the Czech Republic, Latvia, and others. Yet, the
findings under the other international anti-corruption monitoring
mechanisms, such as the annual reports of the European Bank for
Reconstruction and Development, of the European Commission, and
GRECO point to the persistence of the corruption-generating factors
in this country.
Bulgaria's anti-corruption efforts have enjoyed
considerable international support and the country has fulfilled a
number of its international commitments related to the fight
against corruption.
In conclusion I would like to express the opinion of
the participants in the Coalition 2000 process, and namely
that the globalization of the problems of crime, and specifically
of corruption-related crime, and its ever closer association with
global security issues pose a great challenge. It can only be met
with the concerted efforts of the state and of society, as well as
with regional and international cooperation. In other words, a task
that can only be taken on by a broad anti-corruption coalition.
Thank you for your attention.
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