Corruption Prevention Council

Original Language Title: Conselho de Prevenção da Corrupção

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334271624455304d4331594c6d527659773d3d&fich=pjl540-X.doc&Inline=false

Draft law n # 540/X ' (Council of the prevention of corruption) draft law no  º 540/X (Board of prevention of corruption) display of reasons 1. The phenomenon ³ meno of corruption threatens the rule of law, affecting and undermining the institution µ and princà structuring principles of a democratic society, establishing the prevalence of privilege, of inequality, of partiality and fraud on the values of the right, equality, transparency and rigour in action outdoors. Combat corruption, preventive and repressively is therefore a vital need of democratic State static that may not be enough with the appearance preferences or the superficiality of a coverage easy. The problem is not therefore present any project to show that if you are doing something; the important thing is to continue to do something that actually serve to prevent and combat corruption. The project now appears in the following of efforts developed over the course of the parliamentary term, well translated into approval of several diplomas with implications of µ in combat is corruption, such as: changes µ s to CODE and Criminal CODE say ³ ³ in criminal proceedings , with particular incidence on criminal liability of legal persons, the law on corruption in sport, the transcript georeferenced digital municipal spatial plans territory by ³ River, the ratificaà of the Convention of the nation µ United Nations against corruption, the framework law of criminal policy in Poland, as well as the diploma that defines the objectives , priorities and orientation of µ Poland criminal practice to bià © 2007-2009 hosting domain, the approval of measures to fight is corruption by law No 19/2008 °, the creation of criminal regime 1 2 of corruption in international trade and in the private sector by law No 20/2008 ° and the approval of the law n° 25/2008  that corresponds to the transposià of the directive is  Prevention of the use of the financial system and the activities and µ s profession especially designated for the purpose of money laundering and terrorist financing. The Bill that we introduce creates the Council of the prevention of corruption (CPC), with entity instance administrative and functional independence, which aims to detect central and to avert the risks of corruption, collect and process information µ s in order to identify the most vulnerable areas are available is the penetration phenomenon ³ meno, and monitor and evaluate the effectiveness of the instruments jurà doctors and administrative measures adopted by the Administration the and Public Sector business.

2. The resolutions essential character of the preventive dimension of the fight against corruption, which seeks to give account, were indeed well highlighted by the European Commission communication to the European Parliament and the Committee © ³ Economic and Social (2003) when it ruled on the controversial practice of European Union in matter of combat is corruption. ACTION If has µ and the fight is corruption should focus â € œ preventivasâ €  measures as a priority and take into consideration the work already accomplished in µ s international institutions. Actually, the Commission considers that future initiatives œ € should focus on preventive measures aimed at reducing opportunities for corrupt behavior and introduce checks and inspection of µ µ s ticasâ €  ¡ systemic. Also at the Convention of the nation µ United Nations against corruption (2003), known as the Convention method, approved by resolution of the Assembly of the Republic n° 47/2007, and published in the journal of the Republic of 9/21/2007, if reinforces the same preventive dimension in the fight against corruption. The approach to the phenomenon of meno ³ corruption is rendered action globally and multidisciplinary, alluding-if not ³ à research and repressà of the 3 main ³ phenomenon but also prevention and promotion of integrity, responsibility and good management of public affairs and goods. In order to prossecuà and adopting of precautionary measures, this Convention dedicates the front hood chapter II (articles 5° to 14°) precisely to preventive measures of corruption, advocating that each State party must ensure the existence of one or more à ³ body, tasked with preventing corruption, endowed with the necessary independence of , material resources and qualified personnel. Recommends, as well, the adopting of codes of conduct for code ³ the public agents, instituting measures that facilitate the communication on the part of these to competent authorities acts of corruption which has come to their knowledge. And µ Empire and public officials have the duty to declare to the competent authorities susceptà to external activities create conflicts of interest, as well as the publication of report ³ rivers on the risks of corruption of the Administration public. Likewise in the Group of States against corruption of the Council of Europe (GRECO), the µ s recommendation addressed to Portugal, although if reconheà that there is already a set of means and instruments with combat purposes is corruption, concluded by the need of adopting of measures that stands out, to the preventive level the introduction of methods and appropriate rules to all public agents, in particular codes of conduct code ³, or the intention to carry out regular analyses of the entire public sector with a view to assessing and preventing risks of corruption. In this same context, several Member States of the European Union have created bodies of prevention of corruption in France There is, for example, since 1993, a Central Service for the prevention of corruption (Law n° 93-122 of 29 January), presided over by a magistrate, who works with the Ministry of Justice. This body serves to centralize the µ s information required is detection and prevention of µ s situation included in this crime and crimes-© Naidu and collaborate with the judicial and administrative authorities , at their request. Also the United Kingdom has, since 1994, 4 the Committee on Standards in Public Life, à ³ independent body that was created with the aim of examining the conduct of those who play public positions, elaborate investigation © rites and codes of conduct ³ code, as well as prepare reports to be submitted to the rivers ³ Prime Minister with µ s suggestion to continue in this domestic domain. In 1997, it was extended to its jurisdiction to the matter related to the financing of rias. Italy already has, since 2004, a High Commissioner for the prevention and the fight against corruption, which works with the U.S. Presidency of Council of Ministers, with the function of preventing and reducing the risk of corruption and other crimes in personnel administration outdoors.

3. In Portugal there are no services or departments devoted exclusively to the preventive dimension of corruption even though the status of the Ministry public set racing especially this Magistracy promote and perform action µ s of criminal prevention, and fit is Poland cia, developing Judicial action µ s crime prevention within the limits of their assigning legal µ This prevention focuses primarily on a criminal prevention interrelated with the criminal investigation. With the creation of the Council of the prevention of corruption (CPC), by this Bill, we intend to conceive an administrative entity, independent of Government and the powers of investigation and criminal action, to collect and treat information µ, draw up studies, opinions, ³ digos code of good practice, reports the present rivers ³ is Assembly of the Republic , having always in mind the preventive management of the risks of corruption and the promotion of a culture of accountability in administration and public in the public business sector. With her it is intended to fill a gap in the prevention of previous risks is criminal prevention pursued by the Ministry and the public is the body ³ of Poland, in particular the criminal cia cia Judicial Controversy.


5 the CPC has a well-defined nature, being a ³ independent body, with a specialized qualification, with framework and appropriate means is its preventive function. It is, therefore, centralize the collection and treatment of information required is detection and prevention of corruption and active or passive of the crimes you are associated; as well as advising on the drafting or approval of legislation or regulations, national or international, prevention or repressà of corruption, the request of the Assembly of the Republic, of the Government or of the Government bodies ³ prà ³ prio of µ s ³ nomas Autonomic Region; It is still regularly evaluate the effectiveness of the instruments jurà doctors and administrative measures adopted by the Administration and public Public Sector Enterprise for the prevention and combat of crimes connected is corruption; as well as, still, collaborate in adopting of internal measures to prevent susceptà the facts, or the risk of its occurrence, particularly in drafting ³ digos code conduct and promotion of µ s action of initial training or continued management agents public. That is, through the CPC intends to evaluate the risks of the meno ³ phenomenon of corruption in the public sector, namely analyzing the more vulnerable areas and promoting strategies of prevention of corruption as well as minimizing the impact of the risks of this phenomenon ³ meno in democratic society. Note especially that the CPC is an administrative authority whose action and nature distinguishes it from any intervention on the part of the prevention or investigation. The actuaà of the CPC does not interfere with the competence of the authorities assign instances of criminal investigation, nor to the assigned to the Ministry or public administration in public matter discipline. And, so, in the case of the à ¢ scope of activity of the CPC if show facts to susceptà constituà rem infringement of criminal law, the Council remeterà the membership to the Public Ministry, as well as whether suspenderà is the collection and processing of µ s information whenever you have 6 knowledge of numerous heat of the corresponding survey criminal procedure. Their nature is, also, distinct from that of other entities and defence of rights and freedoms established by the Assembly of the Republic, such as the Committee of protection of personal data, the Commission access to the documents of the Administration and the Regulator of Social communication. The insertion of the CPC at the Court of Auditors, with autonomy and exteriority in relation to this Court, while independence ensures the respect of the body of ³ à exercà cio could Poland, a clear guarantee of the separation of powers and µ s function, and favouring the synergies that come in à ¢ scope of Administration public may result to the µ s preventive assignment of the CPC, without any risk of prejuà zo the function judicativa own ³ the Court of Auditors itself or the criminal investigation that there is place. Furthermore, it is widely accepted the close connection between the damage caused by corruption and activities-© Naidu and the injury to the financial interests of the State, that the Court of Auditors complies with safeguard. Similarly the compositing of the CPC seeks to take advantage of the synergies offered by is ³ body the internal control and competent entities for their prevention on the part of the Administration the public.

Thus, in accordance with legal and constitutional regulations applicable, the Members of the parliamentary group of the Socialist Party petitions feature the following: 7 draft law (Council of prevention of corruption) Article 1 (subject matter) this Law creates the Council of the prevention of corruption (CPC), independent administrative entity, working with the Court of Auditors , which develops a à ¢ national heritage within domestic prevention of corruption and infringement of µ s.

Article 2nd (µ s assignment and competence references) 1. The CPC's activity is exclusively oriented is prevention of corruption, leaving him in particular: the) Collect and treat information µ s on is discovery and prevention of the occurrence of the facts of corruption active or passive, of economic and financial crime ³ mica, of money laundering, traffick of influence settlement, the ilegà great public goods, harmful administration, of embezzlement, of participation ³ ³ mica in economic business cio, of abuse of power or violation of duty of secrecy, as well as acquisition of magnet ³ µ or furniture values rivers in aftermath of the obtaining or using ilà quotations of privileged information in exercà cio µ s role in inventory management or Public Sector Business Public.

8 b) monitor the application of the instruments and administrative measures physicians jurà adopted by the Administration and public Public Sector Enterprise for the prevention and combat of the facts referred to in addition to nea) and evaluate their effectiveness; c) give advice, the request of the Assembly of the Republic, of the Government or of the Government bodies ³ prà ³ prio of µ s Standalone Region ³ nomas, on the drafting or approval of normative instruments, international or internal, to prevention or repressà the facts referred to in addition to nea). 2. The CPC cooperates, the request of the public entities concerned in adopting of internal measures to prevent susceptà the occurrence of the facts referred to in addition to nea) Nr 1, in particular: a) In drafting code ³ digos conduct which, among other objectives, facilitate to their bodies and ³ à agents communicating to the competent authorities of such facts or µ s known situation in the performance of its µ s role and establish am the duty of participation of external activities, investments, assets or benefà together or be substantial cios, susceptà to create conflicts of interest in the exercà heat of its µ s function; b) On promotion of µ s action of initial training or continued their agents for the prevention and combat of those facts or situation µ s. 3. The CPC cooperates with international bodies on activities geared to the same objectives.

Article 9 3rd (composition) the CPC is chaired by the President of the Court of Auditors and has the following composition: a) Director-General of the Court of Auditors, who is the Secretary General; b) Inspector General of finance; c) Inspector-General of Public Works, transport and communications µ; d) Inspector General of the Local Administration; and) A magistrate of the Public Ministry, appointed by the Board of Governors of the Public Ministry, with a term of four years, renewable; f) A lawyer, appointed by the General Council of the Bar Association, with a term of four years renewable; g) A recognized personality Rite method in this area, co-opted by the remaining members, with a term of four years renewable.

Article 4th (Autonomy) 1. The CPC is endowed with administrative autonomy and its costs of installation and operation constitute assignment of the State, through its budget.

10 2. The CPC prepares a draft annual budget that is submitted and approved under the same terms of the draft budget of the Court of Auditors.
Article 5° (Organization and operation) 1. It is for the CPC to adopt the annual programme of activities, report annual report ³ ³ River and rivers mid-term and remetà them is the Assembly of the Republic and the Government. 2. the CPC approved the regulation of its organization and operation and service support. 3. The members of the CPC are replace, on his absences or impediments, for their legal substitutes, and in cases of in neas e) and (f)) of article 3rd be designated a replacement upon those of the actual holders. 4. The members of the CPC, with the exception of the President, have just the right passwords of presence in each meeting, with amount fixed in order of the Ministry of finance and administration the public, on a proposal from the President.
Article 6° (service) 1. The service of technical and administrative support of the CPC is set in Ordinance of the Ministry of finance and administration, public on a proposal of the CPC, and ³ can be filled using the mobility instruments function outdoors.

11 2. The employees of the table have the salaries of place of origin, plus the monthly supplement of permanent availability rate at the Court of Auditors. 3. The Secretary General of the CPC are responsible for administrative and financial management of the service, including the naming of people, under the superintendà of the President. 4. The CPC, whenever necessary, may act to hire technical consultants for the preparation of studies to be essential is conducting its objectives.
Article 7 (³ rivers Report)

1. The CPC should present is the Assembly of the Republic and the Government, until end of March of each year, a report ³ River of its activities for the previous year, and where could not is tipificaà of occurrences or risk of occurrence of the facts mentioned in addition to nea) Nr 1 of article 2nd and identifying risk aggravated activities in personnel administration or public in the Public Sector. 2. Are considered aggravated risk activities, namely, the covering µ s acquisition of goods and services, public works contracts and µ s grant without contest, permutations of Imam ³ ³ with magnet State levels available, the µ s decision of land use planning and territorial management, as well as any other susceptà to provide privileged information for µ s acquisition by agents participating in them or their families. 3. The CPC can draw up reports interim rivers ³ about µ s action undertaken for achieving the objectives mentioned in in nea) Nr 1 of art° 2nd by the Assembly of the Republic and the Government.

12 4. The report of CPC ³ may contain µ s recommendation of appropriate legislative or administrative measures to comply with the objectives specified in article 2nd. 5. The CPC are ³ may disclose your ³ rivers report after they have been received by the Assembly of the Republic and by the Government.

Article 8° (Infringement of criminal or disciplinary µ s) 1. When has knowledge of facts susceptà to constitute infringement of the criminal law or discipline, the CPC will remeterà membership to Ministry public or disciplinary authority responsible, as appropriate. 2. as soon as the CPC has knowledge of numerous heat of a procedure of criminal or disciplinary survey by the facts mentioned in addition to nea) Nr 1 of article 2nd, suspenderà the collection or treatment of µ s information to them regarding and comunicarà are such suspension to the competent authorities, that you will be able to request the submission of all relevant documents. 3. The report ³ rivers and µ s information communicated to judicial authorities are the competent disciplinary or are subject to contradità ³ River in the corresponding procedures and cannot be disclosed by the CPC.

Article 9° (duty of collaboration with the CPC) 1. Public entities, agencies, services and staff of the Administration, central, regional and authentic are rquica as well as the Public Sector entities must provide business collaboration to the CPC, provide it, orally or in writing, 13 the µ s information that, in the domestic domain of µ s assignment and competence the CPC references, they are for this. 2. The unjustified failure to comply with this duty of collaboration should be communicated to the bodies ³ à their tutelage for the purposes sancionatà ³ rivers, or disciplinary gestionÃ. 3. No prejuà zo the secret of Justice, must be forwarded to the CPC code ³ sinks of all participation µ s or denð, µ s archiving decision of accusation, of pronunciation or not the pronunciation, sentence the ³ condenatà ³ absolutà rias or rias relating to facts set out on in nea) Nr 1 of article 2nd. 4. Shall also be forwarded to the CPC code ³ ³ rivers reports copies of the audit or survey of the Court of Auditors and the bodies ³ the internal control or inspection of the Administration the public central, regional or local, or relating to the public business enterprise, we report facts set out on in nea) Nr 1 of article 2nd or instances of deficiency organization audited services to behave susceptà risk of occurrence. 5. After ³ s the presentation is the Assembly of the Republic, should be forwarded to the CPC, the Attorney General of the Republic, a cell sink ³ especà ³ report is part about executing the laws on criminal policy in Poland concerning offences is corruption, as well as the results of the annual analysis, carried out by the Public Ministry before the Constitutional Court of µ s statement presented after ³ s the expiry of the mandates or the cessaà of µ s function of office-holders in Poland.

Potala are Benedict, 11 June 2008 Members,