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Draft law n # 540/X ' (Council of the prevention of corruption) draft law no Â 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 princÃ 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 ratificaÃ 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 biÃ © 2007-2009 hosting domain, the approval of measures to fight is corruption by law No 19/2008 Â°, the creation of criminal regime 1 2 of corruption in international trade and in the private sector by law No 20/2008 Â° and the approval of the law n° 25/2008 Â that corresponds to the transposiÃ 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 jurÃ 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 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 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 Ã research and repressÃ 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 prossecuÃ and adopting of precautionary measures, this Convention dedicates the front hood chapter II (articles 5Â° to 14Â°) precisely to preventive measures of corruption, advocating that each State party must ensure the existence of one or more Ã 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 susceptÃ 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 reconheÃ 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,
4 since 1994, the Committee on Standards in Public Life, an independent body that was created with the aim of examining the conduct of those who play public positions, develop surveys and codes of conduct, as well as to prepare reports to be submitted to the Prime Minister with suggestions to proceed in this area. In 1997, it was extended to your jurisdiction to matters relating to the financing of political parties. Italy already has, since 2004, a High Commissioner for the prevention and the fight against corruption, which works with the Presidency of the Council of Ministers, with the function of preventing and reducing the risk of corruption and other crimes in public administration.
3. In Portugal there are no services or departments devoted exclusively to the preventive dimension of corruption. Although the status of Prosecutors set racing especially this Magistracy promote and carry out preventive actions, and fit to the judicial police develop criminal prevention measures within the limits of their legal duties, this prevention focuses primarily on a criminal prevention interrelated with the criminal investigation. With the creation of the Corruption Prevention Council (CPC), by this Bill, we intend to conceive an administrative entity, independent of Government and the powers of investigation and prosecution, to collect and treat information, studies, opinions, draw up codes of good practice, reports to be submitted to the 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 public administration and the public business sector. With her it is intended to fill a gap in risk prevention prior to the criminal prevention pursued by prosecutors and by the criminal police bodies, in particular the judicial police.
5 the CPC has a well-defined nature, being an independent body, with a specialized qualification framework and appropriate means to your preventive function. It is, therefore, centralize the collection and processing of information necessary for the detection and prevention of the active or passive corruption and associated crimes; as well as giving advice on the drafting and adoption of legislation and regulations, national or international, for the prevention or prosecution of corruption, the request of the Assembly of the Republic, of the Government or of the Government organs of the autonomous regions; It is still regularly evaluate the effectiveness of the legal instruments and administrative measures adopted by the Government and Public Sector Enterprise for the prevention and combat of corruption-related crimes; as well as, still, collaborate on internal measures likely to prevent the facts, or the risk of your occurrence, particularly in the development of conduct codes and promotion of initial or permanent training of the agents of the public administration. That is, through the CPC intends to assess regularly the risks of the phenomenon of corruption in the public sector, in particular by analysing the most vulnerable areas and promoting corruption prevention strategies, as well as minimizing the impact of the risks of this phenomenon in democratic society. Note especially that the CPC is an administrative authority whose action and nature distinguishes it from any intervention within the framework of the prevention or criminal investigation. The CPC does not interfere in the competences assigned to the criminal investigation authorities, nor the Prosecutor or conferred on the Public Administration with regard to disciplinary matters. And, so, in the case of the CPC's field of activity if reveal facts which might constitute a criminal offence, the Board shall refer the participation to the public prosecutor, as well as whether shall suspend the collection and processing of information whenever it has knowledge of the 6 start of the corresponding criminal investigation procedure. To your 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 Commission for personal data protection, the Commission access to the documents of the Administration and the media Regulator. The insertion of the CPC at the Court of Auditors, with autonomy and exteriority in relation to that Court ensures both independence from the organs of political power, a clear guarantee of the separation of powers and functions, and has been focusing on synergies in the context of public administration, can result to the preventive tasks of the CPC, without any risk of prejudice to the judicativa function of the Court of Auditors or of criminal investigation that there is place. Furthermore, it is the close connection between consensual damages caused by corruption and similar activities and the injury to the financial interests of the State, that the Court of Auditors complies with safeguard. Similarly the CPC composition seeks to take advantage of the synergies offered by the internal control bodies and entities responsible for prevention in the field of Public Administration.
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 Corruption Prevention Council (CPC), independent administrative entity, working with the Court of Auditors, which develops a national activity in the field of the prevention of corruption and related offences.
Article 2 (duties and responsibilities)
1. The activity of the CPC is exclusively oriented to the prevention of corruption, leaving him in particular: the) Collect and treat information relating to the detection and prevention of the occurrence of facts of active or passive corruption, economic and financial crime, money laundering, trafficking in influence, of illegitimate appropriation of public goods, harmful administration, of embezzlement, economic participation in business , of abuse of power or breach of duty of secrecy, as well as acquisitions of real estate or securities as a result of obtaining or illicit use of privileged information in the exercise of public functions or in the Public Sector.
8 b) monitor the implementation of the legal instruments and administrative measures adopted by the Government and Public Sector Enterprise for the prevention and combat of the facts referred to in point (a)) and evaluate their effectiveness; c) give advice, the request of the Assembly of the Republic, of the Government or of the Government organs of the autonomous regions, on the preparation or approval of normative instruments, international or internal, for the prevention or suppression of the facts referred to in point (a)). 2. The CPC cooperates, at the request of Governments concerned, the adoption of domestic measures likely to prevent the occurrence of the facts referred to in paragraph 1), namely: the) in the development of conduct codes that, among other objectives, facilitate to its organs and agents to communicate to the competent authorities of such facts or situations known in the performance of their duties and establish the duty of participation of external activities , investments, assets or substantial benefits which shall be liable to or create conflicts of interests in the performance of their duties; (b)) in the promotion of initial or permanent training of their agents for the prevention and combat of those facts or situations. 3. The CPC cooperates with international bodies on activities geared to the same objectives.
9 Article 3 (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 Finances; c) Inspector-General of public works, transport and communications; d) Inspector General of Local Administration; and) a public prosecutor, appointed by the Board of Governors of the public prosecutor, 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 person of recognized merit in this area, co-opted by the remaining members, with a term of four years renewable.
Article 4 (Autonomy) 1. The CPC is endowed with administrative autonomy and their installation and operating costs constitute the State burden, through its budget.
10 2. The CPC prepares a draft of the annual budget, which is presented and approved in 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, the annual report and interim reports and refer them to Parliament and the Government. 2. the CPC approves the regulation of organization and functioning and your service provider. 3. The members of the CPC shall be replaced on his absences or impediments, for their legal substitutes, and in the cases of paragraph 1(e)) and f) of article 3 be designated a replacement in the Act of designation of the holders. 4. The members of the CPC, with the exception of the President, are entitled only the passwords of presence at each meeting, with amount fixed in Ordinance of the Ministry of finance and public administration, under the President's proposal.
Article 6 (service) 1. The framework of the technical and administrative support of the CPC is set in Ordinance of the Ministry of finance and public administration on a proposal of the CPC, and can only be filled with instruments of mobility in the civil service.
11 2. Frame employees have 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 support services, including the appointment of staff, under the supervision of the President. 4. The CODE of CIVIL PROCEDURE, where appropriate, may act to hire technical consultants for the preparation of studies necessary for the accomplishment of its objectives.
Article 7 (reporting) 1. The CPC must submit to Parliament and the Government, by the end of March of each year, a report of its activities for the previous year, and whenever possible the typification of occurrences or risk of occurrence of facts mentioned in (a)) of paragraph 1 of article 2 and identifying risk aggravated activities in public administration or in the Public Sector. 2. Are considered aggravated risk activities, in particular those covering purchases of goods and services, public works contracts and concessions without competition, the exchanges of real estate of the State with private real estate, land use planning and management decisions, and any other likely to provide inside information for acquisitions by the agents participating in them or their families. 3. The CPC may draw up regular reports on action taken to achievement of the objectives referred to in point (a)) of paragraph 1 of article 2, by referring them to Parliament and the Government.
12 4. The CPC reports may contain recommendations for appropriate legislative or administrative measures to comply with the objectives mentioned in article 2. 5. The CPC may only disclose their reports after they have been received by the Assembly of the Republic and by the Government.
Article 8 (criminal or disciplinary Offences)
1. When has knowledge of facts which may constitute criminal or disciplinary offence, the CPC shall participate to the Prosecutor or disciplinary authority responsible, as appropriate. 2. as soon as the CPC has knowledge of the beginning of a criminal or disciplinary investigation procedure by the facts mentioned in (a)) of paragraph 1 of article 2, shall suspend the collection or treatment of information to them regarding and shall communicate such suspension to the competent authorities, which may request the submission of all relevant documents. 3. reports and information communicated to judicial authorities or competent disciplinary is subject to contradictory in the corresponding procedures and shall not be divulged by the CPC.
Article 9 (duty of collaboration with the CPC) 1. Public authorities, agencies, services and agents of the Administration, central, regional and local authorities, as well as the Public Sector entities must provide business collaboration to the CPC, provide it, orally or in writing, 13 the information that, in the field of tasks and competencies of the CPC, they are for this. 2. The unjustified failure to comply with this duty of cooperation should be communicated to the respective guardianship bodies for the purpose, or disciplinary sanction managers. 3. Without prejudice to the confidentiality of Justice, must be forwarded to the CPC all the shares or copies of reports, filing, prosecution decisions, not pronunciation or pronunciation, absolutórias or condemnatory sentences relating the facts set out in (a)) of paragraph 1 of article 2. 4. Shall also be forwarded to the CPC copies of audit reports or inquiry by the Court of Auditors and the internal control or inspection organs of public administration central, regional or local, or relating to the Public Business Sector companies, which report facts set out in (a)) of paragraph 1 of article 2 or organization deficiencies of the audited services likely to behave your risk occurrence. 5. After the submission to the Assembly of the Republic, should be forwarded to the CPC, the Attorney General of the Republic, a copy of the specific part of the report on implementation of the laws on criminal policy concerning corruption offences, as well as the results of the annual review, carried out by the public prosecutor before the Constitutional Court, of declarations submitted after the expiry of the mandates or the termination of duties of holders of political office.
São Bento Palace, 11 June 2008 Members,
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