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10 YEARS OF INDEPENDENCE - INSIGHT VIEW<br />

Obstruction of progress<br />

The fourth branch of power, which has lately made significant steps forward and tends to<br />

strengthen its independence, is facing different types of obstructions. The positive trends in the<br />

development of these institutions are <strong>view</strong>ed in light of the fact that they do not have roots in<br />

the non-democratic period and, given that they are newly-established, make faster progress and<br />

perform their function. Their professionalization is being hindered in a number of ways. Independent<br />

regulators, but also other institutions within this branch, are inadequately treated in<br />

the Law on Wages in the Public Sector. In other cases, the process of appointment of members<br />

of the council is slowed down through the parliament, whereas the third ones are not allocated<br />

sufficient funds through the budget or are simply limited by bad pieces of legislation.<br />

The last Progress Report of the European Commission concludes:<br />

“The NAI’s institutional capacity continues to be an issue of concern. The SAI should have 83 staff<br />

in total. To date, the NAI has 39 auditors, which is half the number of auditors foreseen. This is insufficient<br />

for the NAI's responsibilities, including a 20% increase in the number of audits in its 2015<br />

audit plan. Limited office space restricts recruitments. The SAI made progress in implementing its<br />

2012-2017 strategic development plan and adopted new rules of procedure in January. It has a<br />

structured training policy, including a certification program: 70% of external auditors are certified.”<br />

“The implementation of NAI recommendations needs to improve. The government set up a formal mechanism<br />

to follow up on external audit recommendations but it lacks transparency and no time limits are<br />

in place for addressing weaknesses. Parliament’s capacity to ensure effective scrutiny over the whole<br />

budgetary process, including NAI audit reports and recommendations, needs to be improved.”<br />

The European Commission emphasizes that, in 2014, the Constitutional Court solved more than<br />

three times as many cases as during the previous year but that its efficiency needs to be further<br />

improved to both cope with the backlog and the influx of new cases and to solve cases within<br />

the 18 months provided for by law.<br />

According to the last year’s report, Institution of Ombudsman was the most efficient in processing<br />

of citizens’ complaints, for almost 98%. However, according to the EC report, capacities of this<br />

institution to resolve complaints effectively are still limited. Its internal organization should be<br />

improved in order to implement its broad mandate.<br />

94<br />

OMBUDSMAN, STATE AUDIT INSTITUTION, CONSTITUTIONAL COURT

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