Assessment of key anti-corruption related legislation in the Slovak Republic's public sector

STRENGTHENING INTEGRITY

This document presents an assessment of the legal framework of key anti-corruption related legislation in the Slovak Republic in order to set the ground for strengthening integrity in the Slovak public sector and beyond. Application of integrity in the public sector requires the consistent alignment of, and adherence to, shared ethical values, principles and norms for upholding and prioritising the public interest over private interest. Integrity is a cornerstone of good governance. It is one of the key pillars of political, economic and social structures, thereby representing a crucial lever to contribute to inclusive growth.

The Slovak Republic has made efforts for over a decade to improve its integrity and anti-corruption policies, in co-operation with the OECD and other international organisations. Recent measures reflect the recommendations of the OECD Public Governance Review (2015), country monitoring reports of the OECD Anti-Bribery Convention and a series of evaluation by the Group of States against Corruption (GRECO).

THE PROJECT

In order to further strengthen co-operation in increasing transparency and fighting against corruption in the public sector, the Slovak Republic and the OECD signed a Memorandum of Understanding in January 2017. This assessment of key anti-corruption related legislation in the Slovak Republic is the first output under this initiative. Building on the previous assessments and recommendations of the OECD and other international organisations, this document focuses on assessing the legal framework of selected laws with special attention to the whistleblower protection. The assessment also provides proposals for action to close the legal loopholes and strengthen integrity in the public sector in line with the good practices of OECD countries.

WHISTLEBLOWER PROTECTION LEGAL FRAMEWORK

This document firstly provides a detailed assessment of the legal framework for the whistleblower protection, the Act 307 (2014) on Certain Measures Related to Reporting of Antisocial Activities and on amendment to certain other laws, and also presents good practices of other countries, benchmarks and comparative data.

OTHER ANTI-CORRUPTION RELATED LAWS

In order to promote a holistic and comprehensive approach to integrity, the second part of the document provides a concise legal assessment on the integrity and anti-corruption related provisions of the following laws.

Act 55 (2017) on Civil Service and on amendment to certain acts
Constitutional Act on the Protection of Public Interest in the exercise of the Public Officials´ Office 357 (2004), as amended by Constitutional Act 545 (2005)
Act 552 (2003) on Performance of Work in Public Interest
Act 546 (2010) amending and supplementing Act No 40 (1964 ) Coll., the Civil Code, as amended, which amends and supplements certain acts
Act 357 (2015) on Financial Control and Audit and Amendments and Supplements to Certain Acts
Act 10 (1996) on Control in the State Administration
Act 300 (2005) on Criminal Code
Act 301 (2005) on Criminal Procedure Code

The assessment and proposals for action in this document are intended to facilitate the policy debate and support the review of existing anti-corruption and integrity-related laws in the Slovak Republic as well as lay down the foundation for subsequent projects in the framework of the Slovak Republic-OECD co-operation that aim to provide thorough analysis of the implementation of these laws and functioning of the Slovak integrity system.

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Assessment of key anti-corruption related legislation in the Slovak Republic

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