mk 10 ib jh 01 “support to efficient prevention and fight ... (ex...1 twinning project fiche...

1

TWINNING PROJECT FICHE

Support to efficient prevention and fight against corruption

1. Basic Information

1.1 Publication reference: EuropeAid/ 134-529/M/ACT/MK

1.2 Programme: Instrument for Pre-accession Assistance (IPA) - National Programme for 2010 under the IPA Transition Assistance and Institution Building Component (TAIB)

1.3 Twinning Number: MK 10 IB JH 01

1.4 Title: Support to efficient prevention and fight against corruption

1.5 Sector: Justice, home affairs and fundamental rights

1.5 Beneficiary country: The Beneficiary country1

2. Objectives

2.1 Overall Objective(s):

To attain efficient enforcement of the anticorruption policy and to further promote good

governance and rule of law in the country.

2.2 Project purpose:

To improve the implementation of the national legal framework for fight against corruption, to

strengthen the national mechanisms for prevention and fight against corruption, to further

promote the cooperation between the State Commission for Prevention of Corruption (SCPC),

the judiciary, law enforcement agencies and other relevant institutions in the prevention,

detection, prosecution, and sanctioning of the criminal acts of corruption.

2.3 Contribution to National Development Plan/Cooperation agreement/Association

Agreement/Action Plan

Link with NPAA

The National Programme for the Adoption of the Acquis for 2012 continues with further

efficient implementation of the fight against corruption by efficient implementation of the new

legislative solutions, inter-institutional cooperation, implementation of the State Programmes for

prevention and repression of corruption and for prevention and reduction of conflict of interest,

implementation of the recommendations from GRECO and other international organizations as

well as development of new State Programmes for prevention of corruption and prevention of

conflict of interests.

Link with SAA

1 As per Financing Agreement concerning the National Programme Transition Assistance and Institution Building – TAIB 2010 from the Instrument for Pre-Accession Assistance under the Transition Assistance and Institution Building Component –entered into force on 1st December 2011.

2

The programme will contribute towards the implementation of the Stabilization and

Association Agreement commitment, notably of its Article 78 which states the parties'

agreement to cooperate in fighting and preventing criminal and illegal activities organized or

otherwise, including corruption and Article 105 on the overall objectives of the assistance, in the

form of institution-building and investment for contribution to the democratic, economic and

institutional reforms of the country, in line with the Stabilization and Association process.

Link with EC Progress Report

The EC Progress Report 2012 states that the legislative framework is in place and capacity has

been strengthened slightly, but greater efforts are needed as regards implementation of existing

laws. Steps have been taken to improve verification capacities and enforcement powers of the

authorities. However, there has been little visible progress in terms of end-results. A track record

of handling high-level corruption cases has yet to be established. A more proactive and

coordinated approach by supervisory bodies and enforcement agencies is needed. Collection and

analysis of statistical data should be improved to focus efforts where they are most needed.

Corruption remains prevalent in many areas and continues to be a serious problem.

Link with MIPD

The Multi Annual Indicative Planning Document stresses that one of the global objectives in the

coming years is support in the preparation and implementation of the new State Programmes and

enforcement of existing legislation to fight against corruption and conflict of interests in order to

confront corruption in both public and private sectors.

3. Description

3.1 Background and justification:

Corruption, as a phenomenon, has always been present in all countries worldwide and represents

a constant threat that should be constantly addressed and overcome by all legal and institutional

tools both preventively and repressively. Therefore, the fight against corruption must be a

strategic priority in order to ensure sustainable long-term social competence and resistance to

corruption in all its emerging forms. This means that corruption should be reduced to the

minimum by unselectively discovering and sanctioning each and every case of corruption in

practice.

The basic legal framework regulating corruption and the conflict of interest in the former

Yugoslav Republic of Macedonia is comprised of the following laws: the Law on Prevention of

Corruption, the Law on Prevention of Conflict of Interest, the Criminal Code, the Electoral Code,

the Law on Financing Political Parties, the Law on Free Access to Public Information and other

laws relevant to the issues of corruption and conflict of interest. The normative framework also

includes the international agreements ratified by the former Yugoslav Republic of Macedonia,

such as the Council of Europe (CoE) Criminal Law Convention on Corruption, ratified in 1999

and the Protocol ratified in 2005 (ETS No.191); the Civil Law Convention against Corruption of

CoE ratified in 2000; the CoE European Convention on Mutual Assistance in Criminal Matters

ratified in 1999 and its second supplementary protocol; the Council of Europe Convention on

Money Laundering, Seizure and Confiscation of the Proceeds from Crime ratified in 2000; the

UN Convention on Transnational Organized Crime ratified in 2004 (UNTOC); the UN

Convention against Corruption ratified in 2007 (UNCAC).

With its status of an independent specialized institution for prevention of corruption, the State

Commission for Prevention of Corruption has assumed a leading role in prevention and initiation

of repression against corruption and conflict of interests.

The main competences of SCPC are as follows: application of the measures stipulated in the Law

on Prevention of Corruption and the Law on Conflict of Interests; initiation of procedures for

3

dismissal, removal, criminal prosecution of public officials and other measures for determining

the responsibility of public officials; processing cases of conflict of interests; registration and

monitoring of changes of assets declarations of the elected and appointed public officials;

registration and monitoring of statements of interest; initiation of control of the financing of the

political parties and associations of citizens; supervision of lobbying activities. The SCPC, in

cooperation with the Secretariat for European Affairs and the Ministry of Justice, with the

support of the Delegation of the European Union in the former Yugoslav Republic of Macedonia

and the UNDP Office in the country, prepared the new State Programme for Prevention and

Repression of Corruption and the State Programme for Reduction of Conflict of Interests with

the Action Plan 2011-2015 (hereinafter: State Programmes).The State Programmes are single

document, along with an action plan, which is considered a conceptual progress compared to the

past period when two separate State Programmes used to be adopted. The State Programmes

were adopted on December 2, 2011.

The existing and forthcoming legal framework provides a broad bundle of measures to prevent

and combat corruption and several bodies are in charge to fight against corruption. Inter-

ministerial body for coordination of activities against corruption chaired by a representative from

the Ministry of Justice was established by the Government of RM on 29.03.2006 composed of

representatives from the: Ministry of Justice, The Ministry of Interior, Public Procurement

Bureau, Public Revenue Office, Financial police, Civil Servants Agency, Secretariat for

European Affairs, Higher Public Prosecution Office Stip, Supreme Court of the former Yugoslav

Republic of Macedonia, State Audit Office, State Commission for prevention of corruption,

Directorate for prevention of money laundering and the Customs Administration. Considering

the importance of the inter-ministerial body and the cooperation as a condition for efficient fight

against corruption, in 2007 the State Commission for Prevention of Corruption signed a Protocol

for Cooperation with 17 institutions mandated also to contribute to the prevention of corruption

and conflict of interests.This Inter-ministerial body coordinates the activities of all authorities in

the fight against corruption, strengthening the mutual cooperation and mutual notification for

exchange of information and data and the implementation of the GRECO recommendations of

the Council of Europe and other international organizations with obligation to inform the

Government of the former Yugoslav Republic of Macedonia on the carried activities at least once

a year.

Statistical data and other relevant information on the implementation of the SCPC activities:

- 78 cases of conflict of interests were registered in the SCPC in 2011. In 2011 SCPC processed 123 cases of which in 8 cases issued public warning. In 2012 until end of

September SCPC processed 95 cases of conflict of interests of which in 5 cases issued

public warning.

- In 2012 the Law on amendments to the Law on Conflict of Interests introduced the Regulation for checking of the content of statements of interests, according which SCPC

conduct checking of the data and content of statements. SCPC adopted an Activity plan

for checking of the statements of interests and by the end of September 2012 has checked

400 statements.

- SCPC has established a database on the submitted assets declarations from the elected and appointed officials and it publishes data from the assets declarations on its website.

In the examination of the property, the SCPC cooperates with the Public Revenue Office

(PRO). SCPC and PRO are interconnected by VPN connection. On the SCPC server a

database containing data for the property status reported in the assets declarations was

installed. With this system, the PRO has access to the asset declarations submitted to

SCPC. As a second step, comparison of the data from the asset declarations with the

other relevant data from PRO, according to the submitted annual tax declarations on

actual revenues, is envisaged. SCPC established interconnection for approaching to the

database of Central Register in 2011. In 2012 SCPC signed an agreement to approach the

database of Cadastre, and ongoing is practical realization. For a more efficient data

4

comparison, there is a need to set up databases (or upgrade of the existing ones) and

extend the interconnection with MoI, CDS, ORC and FID compatible with the ongoing

project of the Ministry of Information Society and Administration for interoperability of

the state registers and databases.

- In total 3500 assets declarations are submitted to SCPC. The SCPC, in cooperation with a number of other institutions, has introduced a methodology for checking of asset

declarations. According to this methodology in 2011 the procedure for checking of data

of the assets declarations of the public officials in the legislative, executive and judicial

branch has been conducted to: 9 assets declarations out of 122 public officials in the

legislative branch; 28 assets declarations out of 124 public officials in the executive

branch and 89 assets declarations out of 913 public officials in the judicial branch. Based

on this SCPC has adopted a conclusion to submit a request to PRO, according to article

36 of LPC, for examination of the assets and property situation of 29 public officials in

the judicial branch.

- In 2012 SCPC is checking data of the assets declarations of all Mayors (85). - In 2012 SCPC initiated to the PRO examination of the assets for 11 public officials. - In 2012, SCPC submitted 13 initiatives for criminal prosecution to the Public

Prosecutor’s Office.

So far, good results were achieved in terms of low level corruption, e.g. in cases of corruptive

behavior of border police and traffic police officers and customs officials. However, the number

of revealed and prosecuted high level cases of typical corruption remains low. The coordination

and exchange of information in terms of repression of corruption (newest developments, modus

operandi of perpetrators etc.) should be strengthened taking into consideration the low number of

revealed and investigated cases of typical high level corruption. The competent bodies tasked

with combating corruption need to have a pro-active approach and widespread allegations of

corruption in key areas of concern. Cooperation between the relevant law enforcement agencies

needs to be strengthened. System of collection and processing of relevant data for measuring the

extent and nature of corruption, the effectiveness of anti-corruption measures, as well as a track

record in handling high level corruption cases should be efficient and functional.

In the light of the above, the project will support the setting up of advanced methodologies and

know-how for developing a sustainable track record of implementation of the recently amended

legal framework, notably as regards the SCPC general capacity, conflict of interest, asset

declarations, illicit enrichment, confiscation of proceeds of crime, etc.

3.2 Linked activities

Title: IPA 2009 project - “Support in the implementation of the reform of the Criminal

justice system”

Donor: EU

Duration: (2012-2014)

Description: Strengthening the capacities of public prosecutors, related law enforcement agents

and other actors involved in the implementation of the reformed criminal legal framework

Title: Support for development of the system of whistle blowing in former Yugoslav

Republic of Macedonia

Donor: British embassy by Crown Agents

Duration: September 2012 – February 2013

Description: Preparation of feasibility study with guidelines for the introduction of the whistle

blowing system in RM

Title: Promoting transparency and accountability in public institutions

Donor: OSCE

5

Duration: July 2012 – December 2012

Description: Capacity building for the State Commission for Prevention of Corruption (SCPC)

and raising the awareness of civil society organizations, and citizens on activities and challenges

in the field of prevention of corruption in the host country.

Title: Support to Strengthening the National and Local Integrity Systems in the former

Yugoslav Republic of Macedonia”

Donor: Government of Norway Implementing partner UNDP CO former Yugoslav

Republic of Macedonia

Duration: January - December 2012

Description: Support the SCPC in working with the other national and local institutions to

introduce and sustain effective solutions to addressing integrity/corruption risks, with particular

focus on fostering meaningful civic engagement and partnerships across different parts of

society.

Title: project “Advocacy and Legal Advice Centers (ALACs)”

Donor: - Germany bilateral assistance

Duration: (March 2009 – August 2010),

Description: Enabling citizens to participate in the fight against corruption

Title: Support to the national integrity system and institutional capacity development at the

State Commission for Prevention of Corruption

Donor: USAID

Duration: 2007 - 2009

Description: Development of the state programmes for prevention and repression of corruption

and conflict of interest; preparation of public awareness campaigns; improvement of the SCPC

work flow, promotion of public relations, etc)

Title: Fighting corruption to improve governance

Donor: UNDP CO former Yugoslav Republic of Macedonia

Duration: 2006 -2011

Description: Support to improve good governance and fight against corruption at local level).

The twinning project will build upon the experience of these previous projects, aiming at

ensuring a more advanced working methodology for SCPC which will assumably lead to a

visible improvement in its track-record of implementation.

3.3 Results:

This project is divided into four components:

1. Strengthening the efficiency of anti-corruption institutions and policies in implementing and monitoring the enforcement of policies in the field of fight against corruption;

2. Establishing consistent track record on asset declarations; 3. Ensuring transparent financing of political parties and electoral campaigns; 4. Strengthening capacities of law enforcement bodies, courts, PPO and the Agency for

managing confiscated property, property gains and deprived objects from criminal and

misdemeanor procedures.

COMPONENT 1: Strengthening the efficiency of anti-corruption institutions and policies

in implementing and monitoring the enforcement of policies in the field of fight against

corruption

6

The following mandatory results, which should be jointly achieved by the MS and BC Twining

partners, will directly support the achievement of the project’s purpose:

1. Recommendations for improving implementation of the anticorruption legal and institutional framework including the wistleblowing and integrity vulnerability mechanism in public and

private sector delivered;

2. Enhanced cooperation and exchange of information between the SCPC and other relevant bodies and institutions for efficient prevention and fight against corruption in order to improve

the anticorruption track record put in practice and tested;

3. Target group identified and training needs assessment of the SCPC and relevant bodies and institutions involved in the prevention and fight against corruption conducted, training program,

curricula and training materials developed, as well as training events (including training of

trainers) and study visits organized;

4. The members and the staff of SCPC and other bodies and institutions involved in the prevention and fight against corruption (PRO, SAO, MoI, PPO, Financial Police,

representatives of political parties dealing with financial reporting etc) trained on efficient

application of the rules for prevention, detection and processing cases of corruption;

5. New System for gathering and processing statistical data with indicators for monitoring, measuring and assessing the effectiveness of corruption prevention polices developed, put in

practice and tested, and Assessment report on level, types and efficiency of corruption

delivered;

6. Methodology for registering and monitoring the statements on conflict of interest developed; 7. Increased public awareness of negative effects of corruption and on the work and functioning of

anticorruption bodies through events and roundtables organized, leaflets published and media

campaigns launched, at least two surveys and organization of events for raising the moral

responsibility to fight it, and reports prepared.

COMPONENT 2: Establishing consistent track record on asset declarations



1. Feasibility study for the assessment of the source databases and processes for the connection of databases and exchange of data for checking asset declarations between SCPC and the PRO,

MoI, Cadastre, CR, CDS, ORC and other relevant institutions developed in accordance and

compliance with the project of the Ministry of information society for interoperability of the

state registers and databases;

2. Created/upgraded databases and interconnection of databases and exchange of data according to the feasibility study as a base to have a System for data exchange, assets assessment and

collection of evidences and checking of the property of the elected and appointed officials and

civil servants established, put in place and tested;

3. Memorandums for Cooperation/Contracts for the use of the new methods for exchange of data between the relevant institutions developed, Manuals for the use of the methods for exchange

of data developed and Trainings for the relevant institutions for the new system for exchange

of information delivered;

4. Methodology for prima-facie assessment of asset declarations for SCPC and Improved new methodology for asset declarations checking for the PRO developed.

COMPONENT 3: Ensuring transparent financing of political parties and electoral

campaigns



7

1. Target groups identified, training needs assessment with training curricula and program for SAO, Ministry of Finance (MF), State Election Commission, SCPC on efficient

implementation of the rules on financing of political parties and electoral campaigns

developed;

2. Trainings, workshops for implementation of the Law on Financing of Political Parties and the Electoral Code (financing of electoral campaigns) and improving the cooperation among the

SAO, MF, SCPC conducted;

3. Improved methods for monitoring of auditing financing of political parties conducted by SAO, SCPC and other relevant institutions;

4. New mechanism for monitoring the follow up of recommendations made by SAO, MF, SCPC, and other relevant institutions developed and report on its application prepared;

5. Awareness raising campaigns on the importance of transparent party and campaign funding and the tools to prevent and fight corruption in this area organized.

COMPONENT 4: Strengthening capacities of law enforcement bodies, courts, PPO and the

Agency for managing confiscated property, property gains and deprived objects from

criminal and misdemeanor procedures



1. Training assessments, with training curricula and program for detection, investigation, prosecution and trial cases of corruption for judges and prosecutors developed and Training

including joint training, workshops and simulations for judges and prosecutors on corruption

cases conducted;

2. Guidelines for addressing non-unified case law on corruption between the basic, appellate and Supreme court prepared;

3. Regional/national conference for stimulating cooperation for judiciary, prosecution offices and law enforcement agents for detection, prosecution and trial of national and trans-border cases of

organized crime and corruption organized;

4. Training assessments, training curricula and program for the Agency for managing with confiscated property, property gains and deprived objects in criminal and misdemeanor

procedure prepared and training delivered;

5. Work procedures, guidelines, manuals for effective confiscation and management of confiscated property for the Agency for asset recovery prepared and put in operation.

3.4 Activities:

The Twinning project should not be a one-way technical assistance from a Member State to a

Beneficiary Country. The Twinning project shall be implemented as a joint project in which each

partner takes on responsibilities. The selected MS shall transfer the requested hands-on public

sector expertise to a Beneficiary Country, support into introducing and sharing EU wide best

practices in connection with Community legislation and specific needs of the Beneficiary Country

in the field of freedom for movement of workers in the field of anti-corruption policies all aimed at

achieving the Results specified in the present Twinning Fiche.

Component 1: Strengthening the efficiency of anti-corruption institutions and policies in

implementing and monitoring the enforcement of policies in the field of fight against

corruption

8

Analysis, advice and coaching sessions: Analysis, coaching and advice activities will be the predominant type of activity. They will help for the fine tuning the anti-corruption policy

with recommendations for improving the anti-corruption legislative and institutional

framework and its practical implementation, promoting the cooperation and exchange of

information between the relevant institutions. Technical and strategic advice on higher level

and support in reforms and implementation of anticorruption policy in line with international

and EU standards provided; Analysis of the integrity vulnerability in public and private

sector conducted, recommendations for their enhancement in line with international and EU

best practices developed, new mechanisms/legal and/or institutional frameworks put in

practice and tested; Analysis of the anti-corruption whistleblower mechanisms in public and

private sector conducted, recommendations for their improvement provided, upgraded

mechanisms for whistle blowing and complaints processing put in practice and tested;

Facilitation of inter-agency and inter-sectoral coordination and cooperation: The Project will provide assistance in setting up/upgrading sustainable cooperation and coordination anti-

corruption platforms and web-based anti-corruption solutions for the public institutions

developed and put in operation.

Tailor made training programme: This project will include the development and implementation of a tailor-made training programme. The programme will take into account

the lessons learnt from the previous trainings and will be based on a training needs assessment

of the target group. The training programme will focus on all aspects pertaining to the

prevention and fight against corruption for efficient implementation of anticorruption legal

framework (in particular the rules on asset declaration, conflict of interests, prevention of

corruption etc.);

Seminars, workshops and conferences: The training programme will involve the organisation of seminars, workshops, conferences etc.

Manuals, procedures, indicators and check-lists: The Twinning partner will provide advice and outputs with respect to monitoring and assessment anti-corruption policy based on pre-

defined reliable and comprehensive indicators regarding track record in detecting,

investigating, prosecuting and sanctioning corruption offences, seizures and confiscations of

proceeds of corruption-related crime, corruption-related infringements in public

administration, public expenditure, public procurement, financing of political parties',

business sector developed, put in practice and tested. Hence it will develop tailor-made

surveying system. It will also include preparation of Guidelines and regulations regarding the

control, Guidelines for management of conflict of interests, Guidelines for whistle blowing

and Guidelines for integrity management for different target groups prepared and put in

operation.

Study visits: If relevant, study visits will be organised for representatives of the beneficiary institution to a Member State for exchange of good practices and experience in connection

with the prevention, repression and implementation of anti-corruption policies and

programmes in line with the European Acquis.

Assessment: Every activity within the training programme will be assessed though practical tools. Target group will be identified and training needs assessment of the SCPC and relevant

bodies and institutions involved in the prevention and fight against corruption conducted,

training program, curricula and training materials will be developed, as well as training events

will be organized and the staff of SCPC and other bodies and institutions involved in the

prevention and fight against corruption (PRO, SAO, MoI, PPO, Financial Police,

representatives of political parties dealing with financial reporting etc) will be trained on

efficient application of the rules for prevention, detection and processing cases of corruption;

Awareness raising: The Project, in cooperation with beneficiary institutions and other stakeholders, will organize wide public outreach on the harm of corruption, as well as tools to

prevent and fight it, stimulating public trust in anti-corruption institutions and zero tolerance

to corruption.

9

Component 2: Establishing track record on asset declarations

Analysis, advice and coaching sessions: The Project will provide comprehensive analysis and advice on the existing system of control of assets of appointed/election and other officials and

provide policy recommendations.

Manuals, procedures and check-lists: The Twinning partner should enhance the management and regulation of databases for asset declarations and inter-agency cooperation mechanisms as

well as establish effective operational linkages between the procedures for verification and

management of asset declarations and conflicts of interest. It will also prepare Methodologies

for assessment of asset declarations and their examination by PRO.



of the target group. The training programme will focus on all aspects pertaining to the new

system for exchange of information;

Interconnection of relevant databases: The Project will provide/upgrade software solutions and technical services enabling inter-connection of relevant databases of institutions and

facilitating exchange of information related to the control of assets of public officials, and will

test it in practice.

Component 3: Ensuring transparent financing of political parties and electoral campaigns



of the target group and identified challenges in the area. The training programme will focus

on all aspects pertaining to efficient implementation and enforcement of the rules on financing

of political parties and electoral campaigns;

Advice and coaching sessions: Coaching and advice will help for the fine tuning of the anti-corruption policy in the area of party and campaign financing.

Development and upgrading of transparency instruments: The Project will develop/upgrade the tools to promote transparency of party and campaign funding by setting up specialized

watchdog websites, improving existing websites, databases and registries, streamlining

publication financial reports.

Manuals, procedures and check-lists: The Twinning partner should provide advice and methodological guidance on the existing procedures with respect to monitoring of financial

working of political parties and the implementation of relevant recommendations of SAO,

MF, SCPC, GRECO and ODIHR.

Seminars, workshops and conferences: The training programme will involve the organisation of seminars, workshops, conferences etc.

Awareness rising: Upgrade and put into practice the existing tools to promote transparency of party and campaign financing (eg. through improved web application, registries, databases).

Component 4: Strengthening capacity of courts, PPO and Agency for management of

confiscated property

Analysis, advice and coaching sessions: Legal, institutional and practical gap analysis of existing system of seizure and confiscation of assets, including on its implementation in

practice, carried out, recommendations/legal amendments for its further improvement

provided, new mechanisms put in operation;


10


of the target group. The training programme will focus on all aspects for detection,

investigation, prosecution and trial cases of corruption, as well as sentencing policy;

Manuals, procedures and check-lists: The Twinning partner should provide advice and regulatory/legislative proposals on the existing procedures with respect to effective seizure,

confiscation and management of confiscated property and on the non-unified case law on

corruption between the basic, appellate and Supreme court and among courts of the same

instance;

Seminars, workshops and conferences: The training programme will involve the organisation of seminars, workshops, conferences etc;

3.5 Means/ Input from the MS Partner Administration:

The project will be implemented in the form of a Twinning contract between the Beneficiary

country and an EU Member State. The implementation of the project requires one Project Leader,

responsible for the overall coordination of project activities, one Resident Twinning Adviser,

responsible for management and implementation of project activities foreseen and a pool of

short-Term Experts. It is essential that the team has sufficiently broad expertise to cover all the

areas included in the project description. The interested Member State institution shall include in

its proposal the CVs of the designated Project Leader, Resident Twinning Adviser, and the

proposed Short-Term Experts and the specific tasks to which they will be assigned to. The details

of implementation of the Twinning Project will be agreed upon during the preparation of the

work plan.

3.5.1 Profile and tasks of the Project Leader

The Project Leader from the Member State must be a high-ranking public servant or equivalent

staff of a Member State administration, but preferably the Head of a Department engaged in

issues of anti-corruption within the Ministry (or relevant institution) with relevant working

experience to minimum 5 years.

The MS Project Leader will continue to work at his/her Member State administration but will

devote some of his/her time to conceive, supervise and co-ordinate the overall thrust of the

Twinning project, and ensure the attainment of the projected outputs. The Project Leader is fully

responsible for co-ordination of the work of the experts.

The MS Project Leader will manage the implementation of the project with the Project Leader

from the Beneficiary Country and is expected to devote a minimum of 3 days per month to the

project in his/her home administration with an on-site visit at least every 3 months. The Project

Leader’s seniority will ensure his/her ability to mobilise the necessary staff in support of the

efficient implementation of the project. In addition, he/she should coordinate, on the Member

State side, the Project Steering Committee (PSC), which will meet in Skopje at least every three

months.

He/she will be supported by his/her Member State administration for logistic, accounting and

administrative affairs.

Tasks:

Conceive, supervise and coordinate the overall preparation of the project;

Co-ordinate MS experts’ work and availability;

Communicate with the beneficiary, CFCD and EUD;

Ensure the backstopping functions and financial management;

Guarantee from the MS administration side, the successful implementation of the project.

11

BC Project Leader

The BC Project Leader will act as the counterpart of the Member State PL and will ensure close

cooperation in the overall steering and co-ordination of the project. The PL's seniority will ensure

his/her ability to mobilize the necessary staff in support of the efficient implementation of the

project. He/she will also coordinate the Project Steering Committee (PSC) from the BC side. The

role of the BC Project Leader and the MS PL counterpart are complementary.

3.5.2 Profile and tasks of the RTA

One Resident Twinning Advisor (RTA) will be appointed, and he/she will be located in the

premises of the SPSC in the Beneficiary country.

The secondment of the Resident Twinning Adviser will last 24 months, during which he/she will

be responsible for the direct implementation of the project.

He/she will come from an EU Member State to work on a full time and day-to-day basis with the

beneficiary administration. The Resident Twinning Adviser will have a key role in the

coordination of the inputs required for the successful implementation of the project activities.

He/she shall be supported by a pool of short – term experts.

Qualifications and skills of the Resident Twinning Adviser

To be qualified for secondment the Resident Twinning Adviser must:

be a national of a Member State of the European Union;

be a civil servant or equivalent staff seconded to work within departments/units related to Chapters Justice, home affairs and fundamental rights of the EU Acquis;

have a minimum Bachelor degree in law/political science, economy (Master would be an asset)

2 or an equivalent field or 10 years of relevant professional experience in the

anticorruption body/agency/ministry or within the judiciary or law enforcement sector;

have a minimum of 3 years of professional experience in the field of enforcement of anticorruption legislation;

have good knowledge of EU policies, legislation and institutional set up related to the Chapters Justice, home affairs and fundamental rights of the EU Acquis;

have experience in developing and/or delivering training programmes to build capacity for efficient prevention and fight against corruption will be considered as an advantage;

be fluent in written and spoken English.

Additional assets are:

- Experience in implementing Chapters Justice, home affairs and fundamental rights of the EU Acquis

- Previous experience as project coordinator/ project manager.

Tasks of the Resident Twinning Adviser

As to the general responsibility of the day-to-day implementation of the Twinning project in the

Beneficiary Country, the Resident Twinning Adviser (RTA) tasks will include:

2 EPSO website – Annex 1 (http://europa.eu.int/epso/on-line-applications/pdf/guide-1242-171104_en.doc)

12

Coordination of all project activities and experts’ inputs in the country;

Provision of technical advice and assistance to the administration or other public sector bodies in the BC in the context of a predetermined work-plan.

Ensuring day-to-day implementation of the Twinning project in the BC.

Ensuring smooth correlation between the activities, deadlines and the envisaged results in the Work Plan;

Taking corrective actions, if necessary, inside the terms of the signed contract.

RTA Counterpart

An RTA Counterpart will be assigned by the State Commission for Prevention of Corruption.

3.5.3 Profile and tasks of the short-term experts

Other specialist staff will be made available by the Twinning Partner to support the

implementation of activities. Specific and technical matters not directly covered by the Resident

Twinning Adviser can be taken over by a pool of short-term experts within the limits of the

budget. CV's and proposed activities of each Short-Term Expert should be an integral part of the

MS Offer. The detailed expert input shall be established when drawing up the twinning work-

plan.

Qualifications and skills:

Short-Term Experts will:

have a University-level degree or an equivalent of 3 years of relevant professional experience in the field of prevention of corruption, repression of corruption, statistics,

assets declarations, conflict of interests, asset recovery, financing of political parties and

electoral campaigns, IT, PR and marketing and etc;

be civil servants or equivalent staff seconded to work within departments/units related to prevention of corruption, repression of corruption, statistics, assets declarations, conflict

of interests, asset recovery, financing of political parties and electoral campaigns, IT, PR

and marketing and etc in a Member State;

have at least 3 years of experience in implementation of institutional aspects targeted by the Twinning Contract;

have experience in organisation and implementation of training sessions organised by Member States or by Community institutions directed towards staff members and/or

operators in the scope of the project;

be fluent in English, both oral and written.

Tasks of the Short term Experts

More specifically, the Short-Term experts will:

- Prepare and implement specific tasks based mainly on practical cases and experience in compliance with their mission description and in accordance with Project activities;

- Provide practical expertise/advices to relevant staff for execution of different tasks related to the project

- Assist in key tasks, e.g. in the field of prevention of corruption, repression of corruption, statistics, assets declarations, conflict of interests, asset recovery, financing of political

parties and electoral campaigns, IT, PR and marketing and etc;

- Address cross-cutting issues.

13

3.5.4. Profile and tasks of the RTA assistants

3.5.4.1 RTA Assistant:

The RTA will be provided with a full-time RTA assistant acting as an assistant for technical

and organisational support. The assistant will be contracted according to Twinning rules and

paid from the Twinning budget. The assistant will be selected through an open call. The

selection of RTA assistant will be made by interviewing at least 3 eligible candidates. The

role of RTA Assistant is to support the RTA in the project management by taking care of

mission preparations and filing mission reports, time sheets and mission certificates. In

addition, the assistant will be responsible for organisation of meetings, seminars etc. and

their logistics. The RTA assistant will also act as translator/interpreter, when necessary. The

RTA assistant should have the following qualifications:

University degree;

Fluent language skills in Macedonian and English;

Practical experience on similar assignments;

Experience in translation and interpretation;

Full computer literacy;

Knowledge of EU visibility rules will be considered as an advantage.

In general, the tasks of the RTA assistant include:

Act as a principal assistant to the RTA and visiting short term experts;

Drafting of written materials with relation to the project in Macedonian and English;

Overall management of the office administration, including filling, organizing trainings, expert missions, local travels, general desk office work etc.;

Organization of trainings, expert missions, study visits, meetings in cooperation with Beneficiary Country partners, preparing meeting agenda and taking minutes;

Developing and maintaining close working contacts and relationships with Beneficiary Country officials involved in each of the activities and the project management;

Handling of budget accounting;

Act as a translator and interpreter when needed.

3.5.4.2 Full-time translator / interpreter:

A full-time translator / interpreter will be selected through an open call. The selection of

RTA assistant will be made by interviewing at least 3 eligible candidates. The full-time

translator / interpreter will be involved in all necessary project activities (training sessions,

translation of project documents/reports and materials, organizational activities, etc.). The

role of the translator / interpreter will be to provide translation and editing as well as

interpretation services to the Twinning project in general. The translator / interpreter should

have the following qualifications:

University degree in English;

Experience in translation and interpretation;

Computer literacy;

4. Institutional Framework

4.1. Beneficiary Institution(s)

√ State Commission for Prevention of Corruption (SCPC) is the main beneficiary of this

Twinning Project. It is established in 2002 and composed of 7 members, appointed by the

Parliament, with 4 years term of office. The members of SCPC conduct their tasks full time.

Its Secretariat, as a professional department, is responsible for performing the professional,

14

administrative and technical tasks of the SCPC. SCPC has the capacity of a legal entity with

separate budget.

Other beneficiaries of this project will be:

The Public Revenue Office, Anti-corruption Department: performs the actual examination of the assets declared by officials. PRO does not tolerate violations of the laws

and internal regulations governing the prevention of corruption and strengthening the anti-

corruptive behavior in tax administration.

The Public Prosecutor’s Office (PPO) for Fight against Organized Crime and Corruption set up as a basic autonomous PPO since 2008 (previously a Department within

the General PPO). The prosecutor power is exercised by the Council of Public prosecutors,

22 basic public prosecutor’s offices, 4 high prosecutor’s offices and Public Prosecutor’s

Office of the Republic of The Basic Public Prosecutor’s Office for Prosecuting Organized

Crime and Corruption, with jurisdiction over the entire territory of the country.

The First Instance Court Skopje 1 is criminal court with a specialized department for proceeding cases of organized crime and corruption with jurisdiction over the entire territory

of the country.

The Police of the Ministry of Interior – Specialized Department for Organised Crime and Corruption;

The Agency for managing confiscated property and property gains in criminal and misdemeanor procedures –operational since January 2009. Its competences encompass the

management of seized property, profit and seized items in agreement with the court and the

authorized body; executing the procedure for seizure of property and profit, keeping and

storing the seized property, evaluation and registering the overall seized property; preparing

statistical, financial and other reports on the seized property, etc.

The Financial Police within the Ministry of Finance is a body with specific authorizations pursuant to the Law on Criminal Procedure, in charge of consistent application of the

regulations, in particular in the field of financial, tax and customs operations. The new Law

precisely regulates the competences and the authorizations of the Financial Police Office

when detecting and pursuing complex forms of organized financial crime in the former

Yugoslav Republic of Macedonia.

Custom administration of RM takes preventive measures to combat corruption in the overall functioning of the same as an institution and does not only apply to employee status.

Sustainable systems have been established that allow the control of corrupt and deviant and

their timely prevention.

State appeals Commission plays the key role in the review system. Any economic operator having legal interest in the contract award procedure and which have suffered and could

suffer damage by an alleged infringement of the provisions of the Public procurement Law

may initiates an appeal procedure before the commission.

The Public Procurement Bureau is a body within the Ministry of Finance of the former Yugoslav Republic of Macedonia. It functions as a central government authority without

branch offices. Its establishment is an important step for promoting the public procurement

system. The Public Procurement Bureau continuously monitors the implementation of the

Public Procurement Law and provides guidelines for improving the system.

Financial Intelligence Directorate (FID). The basic task of the Office is financial monitoring, or to follow the path of money and prevent illegal money to be involved in legal

financial flows, as well as to detect and prevent terrorism.

The Commission for Public Access to information The State Audit Office - responsible for planning and conducting audits, examination of

documents, papers and reports on performed internal controls and internal audits, etc. SAO is

also the supervisory body for the financial and donations’ reports of political parties and

electoral campaigns.

15

Given a wide scope of the activities foreseen under the Project, other relevant entities will

also be involved during its implementation.

4.2. Project Steering Committee (PSC)

A Steering Committee (SC) will be established to monitor the implementation of the project. The

Committee shall be composed of representatives of the Beneficiary Institution, the Beneficiary

Country Project Leader, the Member State Project Leader, the Resident Twinning Adviser, the

RTA counterpart, representatives from the Ministry of Justice, the Secretariat for European

Affairs and other stakeholders as well as representatives of the Delegation of the European Union

and the Central Financing and Contracting Department within the Ministry of Finance, as

Contracting Authority. Any observer to the SC should be approved by the Contracting Authority.

The final and exact composition of the SC will be agreed with the Contracting Authority at the

start up of the project.

The Committee will meet to discuss the progress of the project, verify the achievement of the

outputs and mandatory results and discuss actions to be undertaken in the following quarter. The

Project Steering Committee will also discuss the draft of the quarterly report submitted to it

beforehand and will recommend corrections.

The Steering Committee will meet quarterly or more frequently, if required. The SC meetings are

called and chaired by both Project Leaders. The Resident Twinning Adviser will be responsible,

jointly with the national counterpart, for drafting an interim quarterly report and presenting it to

members of the committee at least 2 weeks prior to each Steering Committee meeting. The SC

will take the necessary decisions related to project facilitation and progress and will be the forum

to discuss any unforeseen difficulties. Exceptional SC meetings can be convoked in case of

exceptional needs.

4.3. Reporting requirements as per Art 6.4 of the Twinning Manual

Proper project reporting is essential to ensure proper follow-up of project implementation and to

properly evaluate the results. These reports shall consist of a content section and financial

section.

Every three months, the MS Project Leader in co-operation with the BC Project Leader will

prepare and submit interim quarterly reports. Each report will cover a three months period

calculated from the date of notification of endorsement / signature of the contract. The first report

will be due in the fourth month counting from the date of notification of endorsement / signature

of the Twinning contract. Interim quarterly reports will be prepared and distributed to all the

participants in advance of the meetings of the Project Steering Committee. The financial part of

the interim reports, must document the actual expenditure in relation to budgeted expenditure. A

list detailing each item of expenditure incurred in the period covered by the reports, and

indicating for each its title, amount, relevant heading in the Budget of the Action and the

reference of the justifying document, is annexed to them.

The MS Project Leader shall submit the final report before the end of the legal duration of the

Twinning contract. The final report shall be forwarded no later than three months after the

implementation period of the Action (work plan) as defined in article 2 of the Special Conditions

of the Twinning Contract. The final report will be accompanied by a verification expenditure

report. This means that the final report, final invoice, and expenditure verification report have to

be submitted at the latest during the final month before the end of the legal duration of the

Twinning contract.

Reports will follow the templates of Annex C4/Annex C5 of the Twinning Manual. In addition to

these formal reporting stages, the twinning partners are obliged to inform in writing the

Contracting Authority (CFCD) as well as the final beneficiary of the action of any critical aspects

16

or conditions of project implementation, or any amendments/modifications necessary within the

budget.

All reports must be produced in the English in electronic and hard copy. These reports shall be

signed by both Project Leaders. Each report must be presented in electronic format two weeks

prior to the Steering Committee meetings and in two hard copies to the Project Beneficiary, the

Contracting Authority, the members of the Steering Committee Meeting and the EU Delegation.

The final versions should incorporate any comments and discussions during the Steering

Committee meetings.

Failure to submit satisfactory reports in time may lead to the decision to suspend EU financing

for the project.

5. Budget

The project will be implemented through a Twinning Contract estimated at a maximum of EUR

1.420.000 out of which IPA contribution will amount to EUR 1.349.000 while national

contribution will amount to EUR 71.000.

The co-financing requirement foreseen under IPA will be considered fulfilled according to the

provision of the relevant Financing Agreement.

The budget for the project is based on 24 months twinning partnership.

In addition to the IPA and National co-financing as part of the Twinning Contract amount, as a

rule, all twinning contracts must provide additional co-financing on the side of the Beneficiary

Institution (The State Commission for Prevention of Corruption), for the purpose of covering

costs not covered under the project budget as per Twinning manual, point 5.13, as follows:

Direct and indirect cost of the Beneficiary administration, civil servants and national private experts working for the project;

Travel by the beneficiary officials from their capitals to a MS or between MS;

Organization of seminars/ workshops/ trainings (incl. hall rental, printing seminar materials and other logistical support).

Facilities for the Member State experts: adequately equipped office space; telephone; e-mail services; fax; photocopiers; computer; internet access; secretarial support; access to

information;

For the needs of the project, a full time RTA Assistant and a Translator have to be appointed

under the project budget.

The project will be located in the premises of the SPSC. The SPSC will ensure appropriate

facilities and basic equipment for the work of the experts. This includes administrative support,

office space, telephone and fax and other necessary facilities. This contribution should also

include logistical support for various training activities, including selection of trainees (in

consultation with the Member State experts), as well as providing the Member State experts with

the documents necessary for project implementation.

The twinning partner (project beneficiary) shall provide all available assistance to solve

unforeseen problems that the Member State twinning partner(s) might face.

6. Implementation Arrangements

6.1 Implementing Agency

The Central Financing and Contracting Department (CFCD) of the Ministry of Finance will be

responsible for tendering, contracting, payments, accounting and overall supervision of the

implementation of the project, upon conferral of management. The Head of CFCD will act as the

Programme Authorising Officer (PAO) of the project:

17

Ms. Radica Koceva (PAO)

Central Financing and Contracting Department

Ministry of Finance

Tel: +389-2-3106 455

Fax: +389-2-3231 219

E-mail: [email protected]

6.2 Main counterpart in the BC


The following persons will be counterparts of the key personnel of the MS Partner

Administration:

For the PL:

Ljubinka Koraboska

President of the State Commission for Prevention of Corruption

Tel: ++389 2 3215 377

Fax: ++ 389 2 3215 380

E-mail: [email protected] / [email protected]

For the RTA:

Vladimir Georgiev,

State Adviser for Anti-Corruption Policies

Secretariat of the


Dame Gruev 1, 1000 Skopje

Tel: ++389 2 3215 377

Mob: ++389 70 342 782

Fax: ++ 389 2 3215 380

E-mail: [email protected] / www.dksk.org.mk

6.3 Contracts

One (1) Twinning contract is foreseen for the implementation of the above mentioned activities.

7. Implementation Schedule (indicative)

7.1 Launching of the call for proposals (Date)

The estimated date for the launching of the call for proposals is May 2013.

7.2 Start of project activities (Date)

The estimated date for start of project activities is January 2014.

7.3 Project completion (Date)

The estimated date for project completion is January 2016 .

7.4 Duration of the execution period (number of months)

The overall execution period of the Twinning project is 27 months with an implementation

period of 24 months. (The duration of the Twinning work plan is increased by 3 months, to cover

the initial setting in of the RTA and the proper wrapping up of the Twinning Project).

8. Sustainability

file:///C:/Documents%20and%20Settings/koleksn/Local%20Settings/Local%20Settings/Temp/Users/Поликсена/AppData/Local/Microsoft/Windows/Users/vladimir/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/Local%20Settings/Temp/Local%20Settings/Temp/Local%20Settings/Temp/Local%20Settings/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/Local%20Settings/Temp/Local%20Settings/Temp/Todorma/Local%20Settings/Temporary%20Internet%20Files/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/T5GYMK6C/[email protected]:[email protected]:[email protected]:[email protected]_http://www.dksk.org.mk/_

18

The Beneficiary administration is fully committed to ensuring a long term impact of the activities

of this Twinning Project.The expected combined impact of this project will bring about

significant improvement in the fight against corruption. The project will have impact on

improving the systems (strategic planning documents, strategic management), skills, practices,

mechanisms, rules, by laws and strategies of the relevant institutions. An ongoing review of key

issues impacting on sustainability will start from the beginning of project implementation, based

on the results and outcomes that should be achieved over time. The objective of this review is to

facilitate the sustainable impact of outcomes beyond the end of the project. After project

completion, the key elements of the system are expected to be in place and operational. This in

turn, is expected to have a positive impact on developments in the agricultural sector, stimulating

growth, diversification and exports.

The Member State Twinning partners shall transfer their best practices and know-how necessary

to achieve the mandatory results to the Beneficiary administration. Staff benefiting from trainings

shall transfer knowledge through subsequent training to their colleagues. Moreover and at the

end of the implementation period a lesson learnt seminar will be held to disseminate the results

and the best practices acquired and to foresee future relevant activities.

9. Crosscutting issues (equal opportunity, environment, etc…)

Cross cutting issues will be taken into consideration in all phases and aspects of the Project,

including in the definition of the Work plan, selection of Project staff/participants/stakeholders and

implementation of activities. However, the cross-cutting issues do not need to be specifically

implemented by means of direct activities of the Project, but solely need to be taken into

consideration – i.e. if possible, mainstreamed, and in any case, not breached during the preparation

and implementation of the Project.

The mainstreaming of the cross cutting issues is regarded on two different levels:

Ensuring that the internal policies, structure or operating procedures of the beneficiary agency

will conform to and promote the relevant principles outlined per section below.

Ensuring that the products, outputs produced by the beneficiaries (e.g. laws, regulations, policies,

and strategies) will conform to and promote the relevant principles outlined per section below.

9.1 Civil Society development and dialogue

N/A

9.2 Environmental considerations

Any ecological friendly initiative which can be taken must be implemented.

9.3 Equal Opportunity and non-discrimination

The training activities will include a specific component to train beneficiary staff in the

implementation of the Government Gender Strategy, while reference will be made to the EC

Programme of Action for the mainstreaming of gender equality in community development

cooperation (2001-06). In view of the specific sector, it is not expected that the gender aspects

will be of prime relevance for the outputs of this project.

9.4 Minority and vulnerable groups

19

Whereas the main reference in the country in relation to minority groups is the Ohrid Framework

Agreement, in an EU context, reference is made to the “Race directive” of 2000 (200/43/EC of

29 June), which has an important impact on employment (including vocational training, working

conditions, social protection etc.) and is also a crucial aspect of the acquis. The beneficiary will

be assisted to implement an ‘internal minority and vulnerable group assessment’ to identify areas

where it could improve its internal performance vis-à-vis minorities or other vulnerable groups.

In view of the specific sector, it is not expected that the minority aspects will be of prime

relevance for the outputs of this project.

9.5 Good governance, with particular attention to fight against corruption

Specific action instruments for the good governance, with particular attention to fight against

corruption, will be incorporated on a horizontal basis, as part of the training activities. To this

aim, particular attention will be put in the prevention of corrupt practices, mainly through the

raising political and public awareness.

9.6 Communication and publicity

All requirements to ensure the visibility of EU financing will be fulfilled in accordance with

Regulation (EC). N. 718/20073

.

10. Conditionality and sequencing

10.1 Conditionality

The project includes the following conditionalities:

- Timely allocation of working space and facilities by the beneficiary for technical assistance before the launch of the tender process;

- Participation by the beneficiary in the tender process as per EU Twinning regulations; - Appointment of counterpart personnel by the beneficiaries before the launch of the

tender process and ensurance of continuity;

- Proactive involvement of the SCPC and its secretariat in the implementation of the project;

- Organisation, selection and appointment of members of working groups, steering and coordination committees, seminars by the beneficiaries as per work plan of the project;

- Appointing the relevant staff by the beneficiaries to participate in training activities as per work plan;

- Sufficient managerial and technical human resources allocated to the relevant Departments and support from the SCPC’s members and Secretariat;

- Commitment of the beneficiaries on the use of the feasibility study. Feasibility study will be developed in the first half of project's implementation and the beneficiary will then

draft technical specifications based on the feasibility study delivered by the project.

10.2 Sequencing

Key milestones will be:

1) Approval of the Twinning project fiche; 2) Circulation of the Twinning Project Fiche to Member State National Contact Points;

3

See Article 62 and 63 of Regulation(EC) N. 718/2007

20

3) Completion of the selection of the twinning partner; 4) Signature of the Twinning contract, including the Twinning Work Plan; 5) Commencement of the implementation of the twinning (inter alia, the arrival in the

country of the Resident Twinning Adviser);

6) End of the implementation period; 7) Submission of the final report.

ANNEXES TO PROJECT FICHE

1. Logical framework matrix in standard format (compulsory)

2. Detailed implementation chart (optional)

3. List of abbreviations

21

ANNEX 1: Logical frame in standard format

LOGFRAME PLANNING MATRIX Support for efficient prevention and fight against corruption

Total budget: EUR 1 420 000 IPA budget: EUR 1 349 000

Overall objective Objectively verifiable

indicators

Sources of Verification

To attain efficient enforcement of the anticorruption policy and to

further promote good governance and rule of law in the country

-Capacities of the SCPC,

PRO, MoI, CR, Cadastre,

CDS, ORC strengthened;

-Capacities of the judges,

prosecutors, Agency for

management of confiscated

property, State Audit Office

improved;

-Anticorruption policy

efficiently enforced.

- Monitoring reports; - EC peer review reports; - Monthly monitoring progress report from SPO to CFCD; - Victim analysis on corruption (2006 Research on Public Opinion

on Corruption in the country – Victim logical analysis);

- Surveys on corruption.

Project purpose Objectively verifiable indicators Sources of Verification Assumptions

22

To improve the implementation of the national legal

framework for fight against corruption, to strengthen the

national mechanisms for prevention and fight against

corruption, to further promote the cooperation between the

State Commission for Prevention of Corruption, the

judiciary, law enforcement agencies and other relevant

institutions in the prevention, detection, prosecution, and

sanctioning of the criminal acts of corruption.

-Anticorruption legal framework

consolidated and adopted;

-Inter institutional cooperation in the

fight and prevention of corruption

enhanced.

- Statistics; - Reports of the State Commission for

Prevention of Corruption;

- Reports of the courts and the Ministry of Justice;

- EC Peer reviews; - Assessments of the implementation

of the State Program for Prevention

and Repression of corruption and the

State program for Prevention and

Reduction of Conflict of Interests;

- Regular reports of European Commission;

- Independent assessments including civil society reports.

- The Operational Structure partners

continuously support

the Resident Twinning

Adviser in the

implementation of the

project activities.

- The Operational Structure appoints the

Project Leader and

Resident Twinning

Adviser counterpart(s)

and indicates and

makes available the

staff that will be

involved during the

Twinning

implementation.

- There is a full co-ordination and

transparency in the

work of all key players

involved.

- The Twinning partner is provided with adequate

resources to operate

effectively and in the

most efficient and

relevant way.

Results

Component 1: Strengthening the efficiency of anti-

corruption institutions and policies in implementing and

monitoring the enforcement of policies in the field of

Objectively verifiable indicators Sources of Verification Assumptions

23

fight against corruption

Mandatory results:

1. Recommendations for improving implementation of the anticorruption legal and institutional framework

including the wistleblowing and integrity

vulnerability mechanism in public and private sector

delivered;

2. Enhanced cooperation and exchange of information between the SCPC and other relevant bodies and

institutions for efficient prevention and fight against

corruption in order to improve the anticorruption

track record put in practice and tested;

3. Target group identified and training needs assessment, training program, curricula and training materials

developed, as well as training events (including

training of trainers) and study visits organized;

4. The members and the staff of SCPC and other bodies and institutions involved in the prevention and fight

against corruption (PRO, SAO, MoI, PPO, Financial

Police, representatives of political parties dealing with

financial reporting etc) trained on efficient application

of the rules for prevention, detection and processing

cases of corruption;

5. New System for gathering and processing statistical data with indicators for monitoring, measuring and

Measurable indicators:

1. Number of recommendations for improving implementation of the

anti- corruption legal and

institutional framework, including

the wistleblowing and integrity

vulnerability mechanism in public

and private sector delivered;

2. Promoting the cooperation and exchange of information between

the SCPC and other relevant bodies

and institutions for efficient

prevention and fight against

corruption in order to improve the

anticorruption track record put in

practice and tested;

3. Training needs assessment report prepared, training program,

curricula and training materials

approved and disbursed, as well as

number of training events

(including training of trainers)

organized, number of participants

trained and number of study visits

organized;

Project documents;

Progress reports;

Attendance sheets for training events;

Evaluation of trainings

- Both parties (twinner and

beneficiary) mobilize

appropriate human and financial

resources;

- Proactive involvement of the

SCPC and its secretariat in the

implementation of the project;

- Active co-operation among the

relevant institutions involved in

activities for prevention of

corruption;

- Appointing the relevant staff by

the beneficiaries to participate in

training activities.

24

assessing the effectiveness of corruption prevention

polices developed, put in practice and tested, and

Assessment report on level, types and efficiency of

corruption delivered;

6. Methodology for registering and monitoring the statements on conflict of interest developed;

7. Increased public awareness of negative effects of corruption and on the work and functioning of

anticorruption bodies through events and roundtables

organized, leaflets published and media campaigns

launched, at least two surveys and organization of

events for raising the moral responsibility to fight it,

and reports prepared.

4. Number of members and the staff of SCPC and other bodies and

institutions involved in the

prevention and fight against

corruption (PRO, SAO, MoI, PPO,

Financial Police, representatives of

political parties dealing with

financial reporting etc) trained on

efficient application of the rules for

prevention, detection and processing

cases of corruption;

5. New System for gathering and processing statistical data with

indicators for monitoring, measuring

and assessing the effectiveness of

corruption prevention polices

developed, put in practice and tested,

and Assessment report on level, types

and efficiency of corruption delivered;

6. Reports based on the new Methodology for registering and

monitoring the statements on

conflict of interest approved by

SCPC;

7. Number of raising awareness events,

roundtables organized number of

participants, number of leaflets

published and media campaigns

launched, and data on the level of

public awareness of negative effects

of corruption and on the work and

functioning of anticorruption bodies.

25

Component 2: Establishing consistent track record on

asset declarations


Mandatory results

1. Feasibility study for the assessment of the source databases and processes for the connection of databases

and exchange of data for checking asset declarations

between SCPC and the PRO, MoI, Cadastre, CR, CDS,

ORC and other relevant institutions developed in

accordance and compliance with the project of the

Ministry of information society for interoperability of the

state registers and databases;

2. Created/upgraded databases and interconnection of databases and exchange of data according to the feasibility

study as a base to have a System for data exchange, assets

assessment and collection of evidences and checking of

the property of the elected and appointed officials and civil

servants established, put in place and tested;

3. Memorandums for Cooperation/Contracts for the use of the new methods for exchange of data between the

relevant institutions developed, Manuals for the use of the

methods for exchange of data developed and Trainings for

the relevant institutions for the new system for exchange

of information delivered;

4. Methodology for prima-facie assessment of asset declarations for SCPC and Improved new methodology for

asset declarations checking for the PRO developed.


1. Feasibility study for the assessment of

the source data bases and the exact data

sources for the check of asset

declarations, the possibilities for

connection of databases and exchange of

data between SCPC and the PRO, MoI,

Cadastre, CR, CDS, ORC and other

relevant institutions approved and

adopted, in accordance with the Ministry

of information society and

administration project for

interoperability of the state registers and

databases;

2. Report and number of the

created/upgraded databases and

interconnection of databases between the

relevant institutions in accordance with

feasibility study as a base of System for

data exchange, assets assessment,

collection of evidences and checking

and examination of the property of the

elected and appointed officials and other

civil servants in place;

3. Memorandums for

Cooperation/Contracts for the use of the

new methods for exchange of data

between the relevant institutions

adopted, Manuals for the use of the

methods for exchange of data adopted

and number of trainings for the relevant

institutions for the new system for

Project documents;

Progress reports;









corruption.

26

exchange of information delivered and

number of participants trained;

4. Methodologies for prima-facie

assessment of asset declarations for

SCPC and a methodology for asset

declarations examination for the PRO

adopted, put in practice and tested.

Component 3: Ensuring transparent financing of political

parties and electoral campaigns


Mandatory results:

1. Target groups identified, training needs assessment with training curricula and program for SAO, Ministry of

Finance (MF), State Election Commission, SCPC on

efficient implementation of the rules on financing of

political parties and electoral campaigns developed;

2. Trainings, workshops for implementation of the Law on Financing of Political Parties and the Electoral Code

(financing of electoral campaigns) and improving the

cooperation among the SAO, MF, SCPC conducted;

3. Improved methods for monitoring of auditing financing of political parties conducted by SAO, SCPC and other

relevant institutions;

4. New mechanism for monitoring the follow up of recommendations made by SAO, MF, SCPC, and other

relevant institutions developed and report on its

application prepared;

5. Awareness raising campaigns on the importance of transparent party and campaign funding and the tools to

prevent and fight corruption in this area organized.


1. Assessment of target groups adopted and training needs

assessment, preparation of

training curricula and program

for SAO, MF, State Election

Commission, SCPC, on

efficient implementation and

enforcement of the rules on

financing of political parties

and electoral campaigns

adopted;

2. Number of trainings, workshops for implementation

of the Law on Financing of

Political Parties and the

Electoral Code (financing of

electoral campaigns) and

improving the cooperation

among the SAO, MF, PRO and

SCPC organized and number

of participants trained;

3. Methods for monitoring for auditing financing of political

parties for SAO, MF, SCPC,

Project documents;

Progress reports;









corruption;

- Appointing the relevant staff

by the beneficiaries to

participate in training activities.

27

and other relevant institutions

developed and reports on its

application prepared;

4. Monitoring mechanism for monitoring the follow up of

recommendations made by

SAO, MF, SCPC, and other

relevant institutions adopted

and report on its application

endorsed;

5. Number of Awareness raising campaigns on the importance

of transparent party and

number of campaign funding

and the number of tools to

prevent and fight corruption in

this area organized.

Component 4: Strengthening capacity of courts, PPO and

Agency for management of confiscated property


Mandatory results:

1. Training assessments, with training curricula and program for detection, investigation, prosecution

and trial cases of corruption for judges and

prosecutors developed and Training including joint

training, workshops and simulations for judges and

prosecutors on corruption cases conducted;

2. Guidelines for addressing non-unified case law on corruption between the basic, appellate and Supreme

court prepared;

3. Regional/national conference for stimulating cooperation for judiciary, prosecution offices and

law enforcement agents for detection, prosecution

and trial of national and trans-border cases of

organized crime and corruption organized;

Measurable indicator: .1. Training assessments, preparation of

training curricula and programme for

detection, investigation, prosecution and

trial cases of corruption , as well as

sentencing policy, for law enforcement

officers, judges and prosecutors

approved and number of trainings

including joint trainings, workshops and

simulations for law enforcement

officers, judges and prosecutors on

corruption cases organised and number

of participants trained;

2. Guidelines for addressing non-unified

case law on corruption between the

Project documents;

Progress reports;



- Active co-operation among the relevant institutions

involved in activities for

management of confiscated

property ;

- Appointing the relevant staff by the beneficiaries to

participate in training activities.

28

4. Training assessments, training curricula and program for the Agency for managing with

confiscated property, property gains and deprived

objects in criminal and misdemeanour procedure

prepared and training delivered;

5. Work procedures, guidelines, manuals for effective confiscation and management of confiscated

property for the Agency for asset recovery prepared

and put in operation.

basic, appellate and Supreme court

prepared;

3. Report on regional/national

conference for stimulating cooperation

for judiciary, prosecution offices and

law enforcement agencies in for cases of

organized crime and corruption prepared

and trans-border cases of organised

crime and corruption prepared and

number of participants;

4. Training assessments, preparation of

training curricula and program for the

Agency for managing with confiscated

property, property gains and deprived

objects in criminal and misdemeanor

procedure approved;

5. Number of work procedures,

guidelines, manuals for the Agency for

management of confiscated property and

number of participants delivered.

Activities Means Costs Assumptions

Component 1: Strengthening the efficiency of anti-

corruption institutions and policies in implementing and

monitoring the enforcement of policies in the field of fight

against corruption

Analysis, advice and coaching sessions: Analysis, coaching and advice activities will be the predominant

type of activity. They will help for the fine tuning the

anti-corruption policy with recommendations for

improving the anti-corruption legislative and

institutional framework and its practical implementation,

One Twinning contract

- One Member State Project Leader,

- One Member State Resident Twinning

Adviser,

- Up to 12 short-term experts

Total cost EUR 1 420 000

IPA budget EUR 1 349 000

National co-financing EUR 71 000

Considerable comment of the

participants to learn and advance

their skill for execution of the

given tasks;

- Beneficiaries will retain their

capacities to play their role and

will commit to make the

necessary preparations;

- Stimulating environment to

29

promoting the cooperation and exchange of information

between the relevant institutions. Technical and strategic

advice on higher level and support in reforms and

implementation of anticorruption policy in line with

international and EU standards provided; Analysis of the

integrity vulnerability in public and private sector

conducted, recommendations for their enhancement in

line with international and EU best practices developed,

new mechanisms/legal and/or institutional frameworks

put in practice and tested; Analysis of the anti-corruption

whistleblower mechanisms in public and private sector

conducted, recommendations for their improvement

provided, upgraded mechanisms for whistle blowing and

complaints processing put in practice and tested;

Facilitation of inter-agency and inter-sectoral coordination and cooperation: The Project will provide

assistance in setting up/upgrading sustainable cooperation

and coordination anti-corruption platforms and web-

based anti-corruption solutions for the public institutions

de