Amendments to Anti-Corruption Agency Law

The Serbian parliament on Wednesday in Belgrade adopted the amendments to the Law on the Anti-Corruption Agency. They envisage that an official can perform several public functions without the consent of the Agency if elected to the positions directly by citizens, while for all other functions the Agency's approval is required. Amendments to Anti-Corruption Agency Law The adopted amendments state that an official who was performing more than one function on January 1 this year, and did not decide by April 1 which of them he will continue to perform, is obliged to inform the Agency about all the functions he performs by September 1, 2010. According to the adopted amendments, the body that elected or appointed the officials to the later function is required to make a decision on the termination of that office within three days of receiving the decision of the Agency, according to which the election or appointment was carried out in violation of the law. An official cannot perform any other work or activity while holding an office that requires working full-time or a permanent job. If the Agency establishes that a conflict of interest exists, it then sets the deadline by which the official must cease performing the function. Given that there are many officials to whom the law applies, the Agency's director has the authority to determine which other public functions certain categories of officials can perform without the consent of the Agency. MPs meet in Belgrade (Beta) Tadic urged not to sign amendments into law Director of the Anti-Corruption Agency Zorana Markovic called on Serbian President Boris Tadic not to sign the amendments to the Law on the Anti-Corruption Agency, since the adoption of the amendments put forward by MP Vladan Batic would constitute a violation of the Constitution. The Serbian parliament adopted Wednesday the amendments to the Law on the Anti-Corruption Agency that allow officials to hold multiple offices to which they are appointed indirectly, without the consent of the Agency. The controversial amendment includes a regulation, which is inappropriately formulated in legal terms, and which is unconstitutional since it allows MPs to simultaneously hold executive posts or hold functions that according to the Constitution cannot be held at the same time, Markovic said at a press conference. Markovic urged the democrats to react to the bill whose adoption would violate the Constitution and announced that the Agency will in the shortest possible term submit an initiative to the Constitutional Court of Serbia asking to declare this regulation unconstitutional. She added that international organizations, the EU and UN development offices and the OSCE Mission will be informed on the issue. Markovic explained that the debatable amendment allows the current officials to keep all offices that they have held so far.

Amendments to Anti-Corruption Agency Law

The adopted amendments state that an official who was performing more than one function on January 1 this year, and did not decide by April 1 which of them he will continue to perform, is obliged to inform the Agency about all the functions he performs by September 1, 2010.

According to the adopted amendments, the body that elected or appointed the officials to the later function is required to make a decision on the termination of that office within three days of receiving the decision of the Agency, according to which the election or appointment was carried out in violation of the law.

An official cannot perform any other work or activity while holding an office that requires working full-time or a permanent job.

If the Agency establishes that a conflict of interest exists, it then sets the deadline by which the official must cease performing the function.

Given that there are many officials to whom the law applies, the Agency's director has the authority to determine which other public functions certain categories of officials can perform without the consent of the Agency.

Tadić urged not to sign amendments into law

Director of the Anti-Corruption Agency Zorana Marković called on Serbian President Boris Tadić not to sign the amendments to the Law on the Anti-Corruption Agency, since the adoption of the amendments put forward by MP Vladan Batić would constitute a violation of the Constitution.

The Serbian parliament adopted Wednesday the amendments to the Law on the Anti-Corruption Agency that allow officials to hold multiple offices to which they are appointed indirectly, without the consent of the Agency.

The controversial amendment includes a regulation, which is inappropriately formulated in legal terms, and which is unconstitutional since it allows MPs to simultaneously hold executive posts or hold functions that according to the Constitution cannot be held at the same time, Marković said at a press conference.

Marković urged the democrats to react to the bill whose adoption would violate the Constitution and announced that the Agency will in the shortest possible term submit an initiative to the Constitutional Court of Serbia asking to declare this regulation unconstitutional.

She added that international organizations, the EU and UN development offices and the OSCE Mission will be informed on the issue.

Marković explained that the debatable amendment allows the current officials to keep all offices that they have held so far.