Preliminary communication
https://doi.org/10.32984/gapzh.13.1.5
A Short Overview of the Role of the Commission for Conflict of Interest Through the Prism of a Preventive Anti-Curruption Body
Ana Đanić Čeko
orcid.org/0000-0003-1325-7692
; Faculty of Law, Josip Juraj Strossmayer University of Osijek, Osijek, Croatia
Tena Konjević
orcid.org/0000-0001-9256-9103
; Faculty of Law, Josip Juraj Strossmayer University of Osijek, Osijek, Croatia
Abstract
Conflict of interest can be viewed from several perspectives. All definitions, however, imply the same concept of imposing officials` personal interests over public ones. Conflict of interest consequently leads to corruption. This paper briefly summarizes research results from the European Commission and Transparency International in order to assess the perception of the actual presence of the conflict of interest among the officials. Furthermore, in order to contain and prevent the conflict of interest and corruption in the Republic of Croatia, the Commission for Conflict of Interest has been formed (hereinafter: Commission). The paper, therefore, analyses the legal position, composition, election, and jurisdiction of the Commission thus providing an insight into the purpose of existence of this public-legal and preventive anti-corruption body. In addition, the paper analyses specific types of regulations formed by the Commission along with practical examples. Lastly, the author presents the results of a survey of the Commission members and employees of the Commission Office conducted for the purposes of this paper, in order to compare the Act on Preventing of the Conflict of Interest of December 2021 with their perception of the necessary legal changes. Based on theoretical assumptions, normative analysis of the selected legislative texts and the conducted research, the purpose of this paper is to point out the problem of conflict of interest and corruption among state officials and the Commission`s role in its prevention, as well as the impact of new legislative provisions on the prevention of conflicts of interest in practice.
Keywords
Hrčak ID:
285385
URI
Publication date:
9.11.2022.
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