Corruption Impact Assessment (CIA)

Corruption Impact AssessmentCorruption Impact Assessment(CIA)(CIA)

The Office of the Government of the Czech Republic

Section to Coordinate the Struggle

Against Corruption

www.vlada.cz



Mgr. Milan Kryštof Čech, D.B.A.

e-mail: [email protected]


Corruption in the Czech Republic


CCorruption in Czech laworruption in Czech law

Corruption is a crime acceptance of a bribe – penalty max. 12 years in prison

provision of a bribe – penalty max.

5 years in prison

Crime is also the adoption bribe or provide a bribe through a third person.


Number offenses of bribery 2000 – 2009Number offenses of bribery 2000 – 2009

Vývoj počtu zjištěných a objasněných trestných činů úplatkářství

0

50

100

150

200

250

300

350

400

zjištěno objasněno

identifiedidentifiedprovenproven


Corruption Perception IndexCorruption Perception IndexTransparency InternationalTransparency International


Why is the fight against corruption a priority of Why is the fight against corruption a priority of governmentgovernment ? ?

negative impact on the public confidence in the rule of law

create unofficial non-democratic power structures

non-transparent allocation of public money

decelerating the economic growth


Because:Because:

These are proven and measurable consequences of corruption in the Czech Republic.

With these findings do not correspond the number of proven cases of corruption and public perception of corruption.

The government gives priority to prevention over repression because by the latent crime is much more efficient.


The main document on which theThe main document on which the CIA CIA is is createdcreated::

„Government's strategy in the fight

against corruption for the period 2011 – 2012“

Government Resolution No. 837, Nov. 16th 2011, Par. 5.6


CIA - what is it ?CIA - what is it ?

New preventive tool to be introduced

for newly admitted and selected

the already existing laws to reduce

the incidence of corruption enabling

legislative environment.


CIA - source of inspirationCIA - source of inspiration

Czech CIA within the EU is an innovative solution, because it is complete system.

Method is inspirated by a similar procedure which is used in South Korea, but its process differs significantly.


CIA – CIA – method definitionmethod definition

Proportional analysis with different depth and extent used to evaluate the corruption risks of the proposed legislative solutions.


CIA - timetable for implementationCIA - timetable for implementation

1. elaboration of the basic theses Feb. 29th 2012

2. elaboration of methodologies Jun. 30th 2012

3. verification of the pilot project and completion method based on findings from the pilot project Aug. 31th 2013

4. decision on the inclusion of the standard legislative process Nov. 30th 2013

5. set up standard applications Jan. 1st 2014


CIA - CIA - essential principlesessential principles

1. proportionality

2. responsibility

3. consistency

4. transparency

5. public involvement


Ad 1 - proportionalityAd 1 - proportionality

For determination of the width and depth of analysis is responsible offeror Law.

In determining the depth of analysis is always necessary to take into account the importance and scope of the problem and extent of anticipated impacts on corruption and corruption risks.


Ad 2 - Ad 2 - responsibilityresponsibility

The ministries are responsible for processing the CIA.

They are required to match the legislative proposal and final report CIA.

Quality control is ensured by the Office of the Government and carried out in two stages in the legislative process:

a) during the legislative process,

b) by sending a legislative proposal to the government.

Yet unsolved problem is the changes made by MPs in approving laws.


Ad 3 - Ad 3 - consistencyconsistency

Publication examples of good and bad practice to standardize the procedure.

Publication procedures and methodologies used in the particular case to assess eaten to standardize methods and procedures.

Publication models systematic qualitative and quantitative analysis.


Ad 4 - transparencyAd 4 - transparency

Publication of data on the activity carried on in formats allowing downloading, sorting and processing of data.

For each activity must be publicly available information as it contains exactly and who handles.

Part of the transparency regulators is also a form of presentation outputs that should be understandable even for non-specialists and must not be implemented through voluminous documents in which the informations are lost.


Ad 5 - Ad 5 - public involvementpublic involvement

The draft Regulation will be within the CIA submitted for public consultation in terms of risk of corruption.

All reviews will be published on the CIA's special website like this is already happening in the Regulatory Impact Assessment.


CIA – when it is processedCIA – when it is processed

Cia will be the obligation part of every bill with a few exceptions (that will be discussed further).

CIA will be performed as a separate assessment in cases where it is necessary to evaluate the potential of corruption existing regulation.

In the event that there is a suspicion that the scope for corruption can be created through non-legislative document (strategy, design, etc.) - that determine the direction of the executive branch in a particular area for several years, it is necessary that the CIA will be also made to these documents.


CIA - typesCIA - types

CIA is mandatory separate part of each regulatory impact assessment (RIA). It is sufficient if it turns out that the risks of corruption are not large (small CIA).

If it in this simple evaluation turns out that the risks of corruption are higher, the offeror is required to prepare a report substantially larger and deeper as a separate document (big CIA).

The aim is not to burden the Ministry of unnecessary paperwork and implement a comprehensive evaluation only if it is really necessary.


CIA – when it is not processedCIA – when it is not processed

amendment to the Constitution

changes in constitutional law

in a state of legislative emergency

draft law on state budget and final account

in cases of emergencies

case only changes the parameters of existing laws (eg tax rates)


if the government made decision in plan of legislative work

case only changes the parameters of existing laws (eg tax rates)

in the case of draft implementing regulations, when their risk of corruption is already included in the evaluation of the draft legislation


„„SMALL“ CIA - contentSMALL“ CIA - content

which entities in terms of their number, market power, structure and organization are affected by the draft law

evaluation of known cases of corruption and other violations of law in the past

determination of the major corruption risks that may be related with solutions


CIA - situation when simple evaluation CIA - situation when simple evaluation (small CIA) (small CIA) is not is not sufficient and is need prepare a large studysufficient and is need prepare a large study (big CIA) (big CIA)

assumption that the minor corruption will commit a large number of subjects (citizens)

assumption of systematic corruption of a small number of subjects that dominated the area (sector firms)

these are draft regulations that may affect the transparency of public administration and the principles of open government (availability of information)


„„BIG“ CIA – also containsBIG“ CIA – also contains

completely justification for the current legislation does not

evaluation of current legislation or its part in relation to the analysis of the actual state

description of links to other legislation

description of political preferences or strategies, of which the proposal is based


description of differences between targets based on the general political requirement and targets based on professional requirements

set quantifiable indicators of the target state

using the results of risk analysis will assess whether the targets will aim to eliminate or reduce risks

assessment of the risks would result in acceptance of new legislation

assessment of the risk resulting from the failure to adopt new legislation


CIA - CIA - consultation with the publicconsultation with the public

With whom:

professional community

laic public

„Watch dogs“ organizations (Transarency International etc.)


Why?

obtaining additional overview of the situation of corruption

estimate the size of corruption cases in the areas covered by the proposed regulation

find other suitable sources of information

finding new perspectives of viewing the problem

identification of other possible options for solutions


obtain the results of an independent evaluation of potential impacts

the views of the appropriate legislative and non-legislative measures to prevent or eliminate corruption in the region

finding a balance between competing interests

increase understanding of the design and better preparedness of subjects to implement the legislation

mitigate the risk of unforeseen consequences


CIA – CIA – methods of methods of elimination of identified elimination of identified risksrisks

strengthening of control mechanisms - increased frequency and depth controls

strengthening of enforcement mechanisms

enhance transparency during the legislative process and implementation process of the proposal

introduction or strengthening of the principle of open data in the proposed regulation


In the event that the proposed solution proves inadequate, and if this is not possible to resolve some of these measures, the proposal must be revised prior to transfer to the Government, so that the risk of corruption is acceptable.


CIA – other relatedCIA – other related

always must be evaluated costs associated with changes and must be minimized administrative and financial requirements for the participants of legal relations

if arise for municipalities and counties costs associated with the transfer of state power must be quantified and must be determined source of their coverage


CIA - conclusionCIA - conclusion

Of course the CIA is not itself able to solve problems with corruption,

but it provides universal guidance on how to proceed and what to avoid when drafting laws and

methodology to measure the degree of corruption risks in this context .


CIA will lead to the unification of practice across Ministries.

Reduces the risk of corruption opportunities in the law due to not sufficent experience or not sufficent imagination officials.

Reduces the risk of deliberate formulation of legislation in a manner allowing a later corruption, especially by implementing the consultation and traceability of such provision.


Thank you for your attention

Corruption Impact Assessment (CIA)

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Transcript of Corruption Impact Assessment (CIA)