The BiH Parliament must schedule a session to discuss the BiH Law on the Prevention of Conflicts of Interest

19 July 2018

The BiH Parliament must finally discuss the Draft Law on Prevention of Conflicts of Interest in BiH and show that it is really committed to continuing EU integration, said the Round Table organized by the portal javnarasprava.ba and Transparency International BiH, which was held on 18. July in Sarajevo.

Sarajevo, July 19, 2018 – Damir Dajanović (javnarasprava.ba), Ivana Korajlić ( Transparency International BiH ), Senad Šepić (BiH Parliament) and Joeri Maas (OSCE BiH) took part in the event, with the presence of domestic institutions and non-governmental organizations, and representatives of foreign embassies and European Union .

This law was sent to the parliamentary procedure at the end of October 2017. year and by representatives of as many as 8 political parties, but Parliament has not yet found it necessary to discuss it. According to research by the javnarasprava.ba portal, this law is supported by over 90% of users of their platform.

Also, the new Bill on the Prevention of Conflicts of Interest was characterized as one of the few positive things in the latest GRECO report, which states that this law addresses most of the shortcomings identified in its implementation so far, as well as GRECO reports and recommendations. a. It is especially important to emphasize that the European Commission in its latest report emphasized that it is very important for Bosnia and Herzegovina to adopt a legal framework to prevent conflicts of interest.

The main improvement offered by the new law in relation to the existing legal solution is reflected in the establishment of an independent body, ie the Commission, for the application of the Law, which is elected by public invitation and whose members have restrictions in terms of previous public office and membership in political parties. Bearing in mind that according to the current legal solution, we have a Commission composed of a majority of representatives and delegates of the PABiH, who cannot be objective and independent and who determine conflicts of interest for themselves and their party colleagues, it is clear that the Commission envisaged by the new draft and independence in application.

Furthermore, the Draft defines in detail and partially expands the circle of persons to whom the Law applies, and restrictions in terms of performing multiple functions, the manner of performing functions and decision-making are more clearly prescribed.

It is especially important that the new solution unifies the regulations on property records and conflicts of interest, as well as that the procedure of control and publication of property cards is envisaged, bearing in mind that the procedure for checking property cards did not exist and that we currently have scattered cards are submitted by elected officials to the CEC, and financial reports are submitted by elected and appointed advisers to the Conflict of Interest Commission. According to the new solution, everyone will have the same obligations, they will not be duplicated, and accuracy control, a register of office holders and a register of property records that would be public will be introduced.

Finally, it is important to mention the sanctions, which are partially extended under the new law, and introduce a mechanism to annul the act created in a situation of conflict of interest, which is very important to prevent further damage to institutions and the budget.

Due to all the above, there is no justification for the fact that this law has been in the parliamentary procedure for almost 10 months and that no house of the BiH Parliament has yet commented on it.

Javnarasprava.ba and Transparency International in BiH

Press release 7/19/2018

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