SEEU Review vol. 6 Nr. 2 (pdf) - South East European University

SEEU Review Volume 6, No. 2, 2010Law on Preventing Conflict of Interest in Exercising Public FunctionLaw No. 02/L-133 On Preventing Conflict of Interest in ExercisingPublic Function, which adopted in 2008, aims to prevent conflict betweenpublic interest and private interest of official in exercising public function.According to this law, a conflict of interest is a situation of non-compliancebetween the official duty and the private interest of an official, where whileexercising his/her function the official or related person has private wealthinterest or personal non-wealth interest, direct or indirect, that influences ormay influence in correctly accomplishing the public function, when insituations of possible violations of principles, limitations, or obligationsunder the provisions of the present Law (Art. 7). This law containsprovisions which refer to the behavior of an official’s, principles of anofficial action, forbidden actions of an official, limitations of an official afterfinishing from exercising public function, membership of an official in nongovernmentalorganizations, obligations of an official in prevention ofconflict of interest, transfer of rights to manage the enterprise, sanctions forviolation of provisions of this law etc. Pursuant to provisions of this law, theofficial cannot be a manager or member of any managing or inspecting bodyof private enterprises (Art.17 A). Central Authority for implementation ofthis law is the Anti-Corruption Agency. Whilst, the procedure from theAgency begins officially by the Agency itself, with the initiative ofsupervisory leader, supervisory body of the official, or with the request ofthe official himself (Art. 20). Procedure initiated by the Agency in this casewith suspicion of violation is closed for public. Upon development offoreseen procedures, the Agency in written renders, whether the official’sactions subject to suspicion represent violation of this law.The Anti-Corruption Agency, through the Prevention Department, so farhas developed numerous activities aimed at warning senior public officialsto avoid cases involving conflict of interest. Hence, during 2009, the Agencyhas registered a total of 47 cases of possible conflicts of interest (AnticorruptionAgency Annual Report 2009). In 15 cases, preliminary noticeshave been issued on the existence of a conflict of interest, 6 of whichresulted in avoiding elements of conflict of interest and 9 of them are inprocedure. Whilst other cases resulted in no elements of conflict of interest.In addition, during this time, the Agency, in 5 cases, has received officialmemorandums requiring its opinion on possible situation involving conflictsof interest.73