TRANSPARENCY OF THE PUBLIC INSTITUTIONS

1. TRANSPARENCY OF THE PUBLIC INSTITUTIONS Josip Kregar Conference on Public Procurement Review & Remedies SystemsDubrovnik 24-25 May 07 AND THE LEGAL PROTECTION IN PROCUREMENT

2. This is a corrupt state

3. The present government has no real interest to fight corruption

4. BEEPS World Bank

6. Worldwide Governance Indicators Country Snapshot: Croatia http://info.worldbank.org/governance/kkz2005/country_report.asp?countryid=99

7. NATIONS IN TRANSIT 2006

8. Progress Report 2006Croatia 2006 Progress Report Brussels, 08.11.2006SEC (2006) 1385 However, corruption remains a serious problem. Many allegations of corruption remainuninvestigated and corrupt practices usually go unpunished. Implementation of the Anti-corruptionprogramme is at an early stage. Full implementation of the programme and strongpolitical will to step up efforts are needed, especially on high level corruption. Therecontinues to be a need for greater efforts to proactively prevent, detect and effectivelyprosecute corruption. Awareness of corruption as a serious criminal offence needs to be raisedand codes of conduct and action plans to prevent corruption developed in the relevant lawenforcement agencies.. Progress on tackling corruption will also bean important indicator of Croatia's readiness for eventual membership.

9. Moving Away from Scandal-Driven Procurement ReformBy Michael Asner Tallahassee, FL, September 14 & 15, 2006 Scandals are an incentive to reform public procurement. Let’s face it, implementing dramatic improvements in public procurement in many jurisdictions is like trying to peel an onion without crying: an effort in frustration. Not just money but social costs and they can be significant: • For example… the costs of all those special commissions alone would fund the salaries of several staff to monitor policy and process issues around procurement to ensure that due diligence is being applied. • The diversion of our politicians from issues truly requiring innovative policy. • The erosion of pubic confidence in our political institutions. • The erosion of ethical behavior within the public sector and the migration of professional procurement staff to entities where they are valued And finally, the costs of law suits against the public entity, criminal proceedings against those alleged to have committed criminal acts, and the cost of incarcerating convicted officials and possibly the costs of building more jails.

10. Good governance or/and scandals? Political scandals expect very much from democratic general public. Media is the one that plays a key role upon detection of a scandal. However, what happens very often is that these scandals are, due to the high publicity or international publicity, presented out of every possible proportions (boundaries). Morality is not the only questionable issue that appears at discovered scandals of politicians.

11. European Principles of Public Administration • LEGALITY: reliability+foreseeability: legal competence, discretionary powers, proportionality, procedural fairness, expedience, professional integrity • OPENNESS: all but national security is public, protection of public interest, explanation (reasoning) • ACCOUNTABILITY: formal procedure, several instances of supervision, judicial protection • EFFICIENCY: economy+efficiency+effectiveness • PROFESSIONALISM: professional civil service

12. Open Government The best cure against bacteria is the light • The concept of good governance – open government • clear rule • transparency • legality

13. Openness & Transparency • All is public, but national security • Protection of public interest • Statement of reasons (reasoning)

14. Principle of Open Government • Governmental institutions are obliged to secure public character of their work. Therefore, government has to inform the public on its activities DULY and EXTENSIVELY…

15. Right to Access to Information Everybody has the right to access the information in the possession of public authorities! Obligation of bodies of the executive power to make information on their work accessible: they are obliged to give correct and complete information.

16. How to Achieve Good Governance • Building legal and institutional preconditions • FOI, Access to Information • Building practice and resources • Integrating new technologies

17. Right as a Human Right • Balance of rights in collision • Developed legal standards • Restrictive interpretation of limitations • prescribed by law • necessary in a democratic society • legitimacy (state security, public order, economic welfare of state, prevention of crime, protection of health or morals, protection of rights of others) • proportionality

18. Secret administration and secret procedure Judiciary Administration The principle of legality and publicity Past

19. Principles of Right to Information I • Conditio sine qua non of thedemocratic process • Presumption of publicity of all but the issues proclaimed secret – interrelated with transparency of work of state and public authorities • Information - exact, broad enough and duly provided • Regulation of procedure and legality of provision and usage of information • Legal protection of exercise of right to information • Equality in exercise of right to information – general constitutional principle applicable to all rights Additional prohibition of discrimination of journalists and media

20. Principles of Right to Information II • Restrictiveness of exceptions of right to information • Precise definition of exceptions • Protection of right to privacy and exceptional circumstances (national security, public morals ...) • Prohibition of restriction of right to information (by force, misuse of position)

21. Who? • The public bodies are institutions of legislative, executive and judicial authorities, and other institutions which have public authority or are financed by state, regional and local budgets have obligation of publishing and assuring access to information

22. Why? • Important right • Government is a public good • Interest of citizens • and interest of government, not only an issue of media