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Prevenirea și combaterea spălării banilor: Foaie de parcurs pentru adaptarea cadrului regulator la contextul Republicii Moldova

Author(s): Sergiu Gaibu / Language(s): Romanian

As a result of the analysis of the situation of the Republic of Moldova, based on the vulnerabilities of the private sector but also of the state institutions, 13 principles to be followed were developed for the realization of a balanced and rational system for preventing and combating money laundering and terrorist financing. The established principles take into account the requirements of EU Directive 2015/849, the money laundering risks specific to the environment in the Republic of Moldova, as well as the limited resources of the business environment and those of public authorities. Also, these principles focus on the critical risks of money laundering and elimination of vulnerabilities within state institutions, the risks of abusive applicability and susceptibility to corruption.

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Monitoring report on the implementation of the Priority Reform Action Roadmap (5th July – 22nd November 2017)

Author(s): Author Not Specified / Language(s): English

This report provides an independent evaluation of the implementation of Roadmap provisions for June - November 2017. The document covers eight policy areas, with a summary of developments for each of the actions, comments on the main achievements, and a list of relevant policy recommendations. Evaluation of the implementation of provisions of the Priority Reform Action Roadmap was based on a methodology focused both on the evaluation of the implementation in terms of the established timelines and in terms of the quality of the implemented actions. Given that timelines for several actions included in the Roadmap were rather tight, and therefore were often missed, the evaluation of progress was focused on the quality of acts adopted/measures taken and their potential impact (Annex 1).

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Report on the Monitoring of Local Administration – The Municipality of Aleksinac

Author(s): Not Specified Author / Language(s): English

The analysis of information on the public administration of Aleksinac led to the conclusion that the public administration of Aleksinac performed well in the field of public finances, in the part that monitors the degree of compliance with the budget calendar and the successful planning of income and expenses, as well as t whether the public procurement procedures are based on the principles of equal treatment, non-discrimination, proportionality and transparency in the field of providing services to citizens. The municipality of Aleksinac achieved the lowest points in the area of policy development and coordination in the part of dealing with the transparency of the Council's work and the preparation of drafts and proposals for decisions in local administration, as well as in the area of the public services and human resources management in the area of openness and transparency of reqruitment in local self-government. The area of effective protection of senior civil servants` position from unwanted political interference and the effectiveness of measures for the promotion of integrity and prevention of corruption in local self-government were also rated with a low number of points. When it comes to the web-presentation of the municipality of Aleksinac, it is necessary to harmonize the content and technical standards with the Regulation on detailed conditions for the creation and maintenance of the organ's web-presentation. As for the communication with the research team, the cooperation was at the correct level, the public administration officers responded in a timely manner to the sent Requests for access to information of public importance.

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Report on the Monitoring of Local Administration – The City Municipality of Aranđelovac

Author(s): Not Specified Author / Language(s): English

The municipal administration of Aranđelovac responded in a timely manner to the requests for free access to information of public importance that Ars Nova Club, as part of the Pratim JA project, sent. The overall impression of mutual cooperation is positive. According to the results of the research, the Municipal Administration of Aranđelovac did not achieve high results in the final scoring, there is a lot of room for improvement and certain items need to be improved in order for the municipality to be productive, transparent, open, accountable and proactive.

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Report on the Monitoring of Local Administration – The Municipality of Bečej

Author(s): Not Specified Author / Language(s): English

The monitoring and evaluation of the functioning of the municipal administration in Bečej, carried out during 2022, showed that the situation in all six analyzed areas of public administration in this municipality was evaluated with a total score of 3, on a six-point scale 0–5. The analysis, on the one hand, showed that the best situation in Bečej is in two areas – Human resource management and Accountability. Within the first area, the institutionalization of human resources management was the best rated, while in the second, the proactivity of the local administration in publishing information on the official website was rated the best. On the other hand, the monitoring showed that Bečej has the worst situation in the areas of public administration related to the Service delivery and Policy development and coordination. Specifically, within the first mentioned area, the availability and quality of providing administrative services to citizens was rated worst, while inclusiveness and openness in policymaking in local administration were rated worst within the second.

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Report on the Monitoring of Local Administration – The Municipality of Despotovac

Author(s): Not Specified Author / Language(s): English

The subject of this research was a large number of areas. Out of all the areas, the situation in the area of the Public services and human resourse management was the best rated. It was established that an appropriate institutional framework for performing tasks related to Human resource management in local administration was established, that the Code of Conduct for officers and officials was adopted, and that the Complaints Commission was formed. Also, the Municipality of Despotovac maintains personnel records of employees. In addition, it was established that public competitions for filling executive positions in the municipality administration were available to the public, that they were written in simple, clear and understandable language and that they did not represent an administrative burden for potential candidates. Also, in the area of Public financial management, especially in the part related to public procurement, as well as the degree of compliance with the budget calendar and the success of income and expenses planning, the Municipality of Despotovac showed solid results. Namely, the budget calendar is respected to great extent, the budget contains several gender-responsive goals, and expenditures are shown according to program classification, i.e. the budget is programmatic in nature, and the deviation between initially planned and realized budget revenues and expenses is acceptable. It is also positive that the Municipality of Despotovac uses the Public procurement portal, that public procurement procedures are carried out by a competent committee. Unfortunately, there are also areas that are rated very poorly, so that they cannot even get a passing grade. This refers, above all, to the area of the Strategic framework for public administration reform, which is characterized by the complete absence of planning documents for improving the work of local self-government. The next area – Policy development and coordination is rated slightly better, especially considering that the work of the Municipal Council is non-transparent, that information on Council sessions is not given, the agenda, minutes of work, drafts and proposals of decisions are not published, and the Municipality of Despotovac does not show sufficient inclusivity and openness in the creation of public policy documents and regulations. In other areas, the situation could be improved if the Municipality of Despotovac, for example, made services more accessible on the eUprava portal and established a Single administrative point. The fact that the Municipality of Despotovac still has not adopted a Local Anti-corruption Plan, the implementation of which would increase resistance to corruption, ensure transparent work of local self-government bodies and reduce the possibility of misuse of public resources, is also incomprehensible.

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Report on the Monitoring of Local Administration – The Municipality of Ivanjica

Author(s): Not Specified Author / Language(s): English

The Municipality of Ivanjica won a total of 92 points, out of a possible 262, with a final rating 2. The Municipal administration of the Municipality of Ivanjica achieved the best results in the areas of "Public financial management" and "Accountability". Within the area of "Public financial management", exceptional results were achieved in the field of „Public procurement procedures based on the principles of equal treatment, non-discrimination, proportionality and transparency“, and „Degree of compliance with the budget calendar and successful planning of income and expenses“, while in the field of „Transparency and accessability of the budgetary documents“ Municipal administration of the Municipality of Ivanjica achieved somewhat weaker results. Within the area of "Accountability", the Municipal Administration of the Municipality of Ivanjica stood out in the field of „Proactivity of the local administration in publishing information on the official website“. The website of the Municipality of Ivanjica is quite well structured. It contains a large number of documents, data and information. A large number of data and information are easily available, in a maximum of three clicks. The page content search function works great. On the website there are special sections for the areas of public procurement, electronic services, the budget of the Municipality, documents. The content of the website is accurate, timely and up-to-date. Somewhat weaker results were achieved in the areas of "Public services and human resources management" and "Service delivery". Within the area "Public services and human resources management", „Openness and transparency of recruitment into local administration“ was rated 2, while „Institutionalization of human resources management in local administration“ and „Effectiveness of measures for the promotion of integrity and prevention of corruption in the local administration“ was rated 1. In the area of "Service delivery", „Availability and quality of administrative services to citizens“ was rated 2. The worst results were achieved in the areas of "Strategic framework for public administration reform" and "Policy development and coordination". For the „Existence of a planning document for improving the work of local administration and involvement of civil society in the process of development and structures for monitoring and coordination“, within the areas of "Strategic framework for public administration reform" and "Policy development and coordination", 0 out of 26 possible points were scored. In the area of "Policy development and coordination", 2 out of 12 points were awarded for the „Transparency of the council's work and the preparation of drafts and proposals of decisions in local administration, while 3 out of a possible 18 points were awarded for „Inclusiveness and openness of policymaking in local administration“.

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Report on the Monitoring of Local Administration – The Municipality of Koceljeva

Author(s): Not Specified Author / Language(s): English

The municipal administration of Koceljeva responded in a timely manner to the requests for free access to information of public importance sent by the Ars Nova club, within the Pratim JA project. In the area of Policy development and coordination within the indicator Transparency of council`s work and the preparation of drafts and proposals for decisions in local administration and the indicator Inclusiveness and openness in policymaking in local administration, low scoring results were recorded during the research. In the field of Public services system and human resource management within the indicator Openness and transparency of recruitment into local administration, a low score was also recorded. The mentioned indicators have zero points in the final scoring. In the area of Public services and human resources management within the indicator Effective protection of senior civil servants` position from unwanted political interference, as well as in the area of Public financial management within the indicator the Degree of compliance with the budget calendar and successful planning of income and expenses, high scoring results were recorded. The mentioned indicators have 4 rating in the final scoring. The overall impression of mutual cooperation is positive. The municipal administration of Koceljeva, according to the results of the research, did not achieve a high result in the final scoring, the total monitoring score for all areas, on a scale of zero to five, is two. There is a lot of room for improvement and certain items need to be improved in order for the functioning of the municipal administration of Koceljeva to be productive, transparent, open, accountable and proactive.

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Report on the Monitoring of Local Administration – The City of Niš

Author(s): Not Specified Author / Language(s): English

By conducting an analysis based on information of the work of the public administration in Niš, it was concluded that the public administration obtained solid results and achieved the most points in the area related to the Public services and human resourse management, especially in the part of the institutionalization of human resources management and effective protection of senior civil servants` position from unwanted political interference. Also, the area that monitors Public administration accountability, specifically Proactivity in publishing information on the official website and the area of Public Finances, in respect of the budget calendar and revenue planning, were also assigned high rating. What is necessary to do when it comes to the web-presentation of the city of Niš is to harmonize the content and technical standards with the Regulation on closer conditions for creating and maintaining the organ’s web presentation. The areas with the lowest ratings are: Policy development and coordination with regards to the transparency of the work of the city council and the preparation of drafts and decisions in public administration, then the area that monitors Public services and human resourse management, specifically the Openness and transparency of recruitment into local self-government. Given the fact that the city administration is not unified in the city of Niš, more precisely that there are several administrations, and that communication with all administrations was not uniform – the aggravating circumstance was the fact that the city of Niš did not sign a memorandum of cooperation on this research.

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Report on the Monitoring of Local Administration – The City of Novi Pazar

Author(s): Not Specified Author / Language(s): English

The website of the city of Novi Pazar is well structured. It contains a large number of easily accessible, with more than three clicks, documents, data and information. Content search function works great. There are special subdomains for the areas of public procurement, electronic services, city budget and documents on the website. The content of the website is accurate, timely and up-to-date. The City of Novi Pazar won 143, out of a possible 262 points which makes rating 3 in the final score. The City Administration of the City of Novi Pazar achieved the best results in the areas of „Public services and human resourse management“ and "Public Financial Management". Within the area of „Public services and human resourse management“, the exceptional results were achieved in the fields of Institutionalization of human resource management in local administration and Effective protection of senior civil servants` positions from unwanted political interference. Within the area of "Public Financial Management", the City Administration of the city of Novi Pazar stood out in the field of the Degree of compliance with the budget calendar and successful planning of income and expenses, as well as in the field of Public procurement procedures based on the principles of equal treatment, non-discrimination, proportionality and transparency. Weaker results were achieved in the areas of "Accountability" and "Policy development and coordination". Within the area of "Accountability", the proactivity of the local administration in publishing information on the official website was rated 2. This is due to the fact that a large number of documents and information are not available in all languages in official use. In the area of "Policy development and coordination", the Transparency of the council's work, preparation of drafts and proposals for decisions in local administration was rated 2, as well as Inclusiveness and openness of policymaking in local administration. The worst results were achieved in the areas of "Strategic framework for public administration reform“ and "Service delivery". For the availability and quality of providing administrative services to citizens, 12 out of 28 possible points were scored. For the existence of a planning document for improving the work of local administration and the involvement of civil society in the process of development and structures for monitoring and coordination 12 out of 26 points were awarded.

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Report on the Monitoring of Local Administration – The Municipality of Odžaci

Author(s): Not Specified Author / Language(s): English

The municipality of Odzaci scored a total of 105 points, so on a six-point scale (0–5), with the overall 2 rating. The basic finding is that the Municipal administration cooperated with the research team, responded to all four requests for access to information of public importance, providing all available data and information, mostly within the legal deadline. As far as separate areas are concerned, the Municipality of Odzaci received the highest number of points and the best rating for the area Public procurement procedures based on the principles of equal treatment, non-discrimination, proportionality and transparency, then for the area Effective protection of senior civil servants` positions from unwanted political interference, and relatively good result for the area Proactivity of local administration in publishing information on the official website. The only areas for which there were no points are the Existence of a planning document for improving the work of local administration and the involvement of civil society in the process of development and structures for monitoring and coordination, as well as the transparency of the council's work, preparation of drafts and proposals for decisions in local administration.

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Report on the Monitoring of Local Administration – The City of Prokuplje

Author(s): Not Specified Author / Language(s): English

The analysis of information on the work of the public administration of city of Prokuplje resulted in the following data: The City Administration of Prokuplje was negatively assessed in the area of Policy development and coordination, the Pulic Services and Human Resource Management, in the segments related to the transparency of employment in local self-government and the effective protection of senior civil servants position from unwanted political interference. Also, the area of Public financial management, in respect of the budget calendar and the successful planning of income and expenses, transparency and availability of the budget and accompanying documents, was assessed with a small number of points. The local self-government of Prokuplje achieved positive ratings in the institutionalization of human resources management, in the area of Accountability, in the segment that monitors the proactivity of the local self-government in publishing information on the official website and the availability and quality of services for citizens, where, although it does not have a large number of points, it is highlighted as an example of good practice because it pays special attention to blind and partially sighted citizens. As a positive aspect of the work, the fact that it was among the first public administrations to sign a Memorandum of Cooperation on research and showed willingness to provide requested data and information can also be highlighted. Communication with the official appointed by the local self-government was correct and open, but the consequences of the coronavirus pandemic and the absence of a large number of officials prevented the research team from obtaining all the documents needed for analysis, so the overall assessment of the work of the City Administration of Prokuplje is low. As an example of good practice, we can point out the part of the web presentation that is adapted to blind and partially sighted citizens, and what is necessary to do when it comes to the web presentation is to fully harmonize the content and technical standards with the Regulation on closer conditions for the creation and maintenance of web presentations of the organ.

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Report on the Monitoring of Local Administration – The City of Subotica

Author(s): Not Specified Author / Language(s): English

The monitoring and evaluation of the functioning of the city government in Subotica, carried out during 2022, showed that the situation in all six analyzed areas of public administration in this city was assigned with rating 3, on a six-point scale 0–5. On one hand, the analysis showed that in public administration of the city of Subotica the best rated areas are Service delivery and Public financial management. Within the first area, the quality and availability of administrative services to citizens were rated with highest marks, as well as the the transparency and availability of documents related to the preparation and execution of the budget, and implementation of public procurement procedures in the second. On the other hand, the monitoring showed that city of Subotica has the worst situation in the areas of public administration related to the Strategic framework for public administration reform and Policy development and coordination at the local level. Specifically – within the first area, the existence of a planning document for improving the work of local administration and the involvement of civil society in the process of development and structures for monitoring and coordination was rated the worst, while in the second mentioned area the inclusiveness and openess of policymaking in local administration, similarly gained such low marks.

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Report on the Monitoring of Local Administration – The Municipality of Tutin

Author(s): Not Specified Author / Language(s): English

The Municipality of Tutin scored 91 out of a possible 262 points, which in the final total is 2. The Municipal Administration of the Municipality of Tutin achieved the best results in the areas of "Public financial management" and "Accountability". Within the field of "Public financial management", exceptional results were achieved in the field of Public procurement procedures are based on the principles of equal treatment, non-discrimination, proportionality and transparency, while in the fields of Degree of compliance with the budget calendar and successful planning of income and expenspes and Transparency and accessibility of the budgetary documents achieved somewhat weaker results. Within the area of "Accountability", the Municipal Administration of the Municipality of Tutin stood out in the field of Proactivity of the local administration in publishing information on the official website. The website of the Municipality of Tutin is quite well structured. It contains a large number of documents, data and information that are easily accessible, in a maximum of three clicks. The page content search function works great. On the website there are special sections for the areas of public procurement, electronic services, municipal budget, documents. The content of the website is accurate, timely and up-to-date. Somewhat weaker results were achieved in the areas of "Public services and human resources management" and "Service delivery". In the area of "Public services and human resources management", Openness and transparency of recruitment into local administration and Effectiveness of measures for promotion of integrity and prevention of corruption in local administration were rated 2. In the area of "Services delivery", Accesibility and quality of provision of administrative services to citizens was rated 1. The worst results were achieved in the areas of "Strategic framework for public administration reform" and "Policy development and coordination". For the Existence of a planning document for improving the work of local administration and the involvement of civil society in the process of development and structures for monitoring and coordination, within the areas of "Strategic framework for public administration reform" and "Policy development and coordination", 0 out of 26 possible points were scored. Within the area of "Policy development and coordination", 0 out of 12 points were scored for Transparency of council`s work and the preparation of drafts and proposals for decisions in local administration, while 5 out of possible 18 points were scored for Inclusiveness and openness of policymakig in local administration.

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Report on the Monitoring of Local Administration – The City of Užice

Author(s): Not Specified Author / Language(s): English

The city of Užice won 144, out of a possible 262 points, and 3 as a final rating. The City Administration of the City of Užice achieved the best results in the areas of "Accountability" and "Public financial management". In the area of "Accountability", the proactivity of the local government in publishing information on the official website was rated 5. In the area of "Public financial management", the City Administration of the City of Užice stood out in the field of transparency and accessibility of the budgetary documents, as well as in the field of Public procurement operations which comply with basic principles of equal treatment, non-discrimination, proportionality and transparency. Weaker results were achieved in the area of "Public services and human resource management" and "Strategic framework for public administration reform". The worst results were achieved in the areas of "Service delivery" and "Policy development and coordination". The availability and quality of providing administrative services to citizens won 8 out of a possible 28 points and was rated 1. In the area of „Policy development and coordination“ the weakest results were achieved in the area of transparency of council`s work and the preparation of drafts and proposals for decisions in local administration, and this indicator was rated 0. Weak results were also achieved in the area of inclusiveness and openness of policymaking in local administration and this indicator was rated 2. The researcher would like to emphasize that during the conduct of the research the cooperation with the City administration of the City of Užice was extremely good. City administration officials were extremely cooperative and responsive. All information, data and documentation were provided to the researcher by City Administration officials in a timely manner.

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Report on the Monitoring of Local Administration – The City of Valjevo

Author(s): Not Specified Author / Language(s): English

After the conducted research, the biggest impression is a closed and negative attitude of the City Administration of the city of Valjevo towards the research we are conducting. From December 2021 until June 2022, researchers sent a large number of requests to the City Administration for free access to information of public importance. The city administration responded to only one of the requests, several months late, and even that request was not fully answered. We are of the opinion that the overall rating would have been higher, as well as the individual ratings by area, if the City Administration had provided the information requested from it. In addition, we would get a more complete picture, which would result in a greater number of recommendations for improving the work of the City Administration. However, the information that the City Administration did not provide for us is also useful information, as well as a message addressed to the citizens. Because if the City of Valjevo does not fulfill its basic obligation prescribed by the Law on Free Access to Information of Public Importance, an obligation whose non-compliance leads even to financial sanctions, it is difficult to expect that it will act proactively, enable a greater degree of citizen participation in decision-making, and that the administration's work will be more transparent. The area of Public services and human resource management stands out as the worst-rated, while, on the other hand, the best-rated area is Accountability, which analyzes the proactivity of the local administration in publishing information on the official website of the City, although the City Administration could significantly improve the situation in this area as well.

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Report on the Monitoring of Local Administration – The Municipality of Vlasotince

Author(s): Not Specified Author / Language(s): English

The analysis of public administration in the municipality of Vlasotince, lead to the following conclusions: The public administration of Vlasotince achieved the most points in the area that monitors the Public services and Human resources management in the section on Institutionalization of Human resources management, in the area of Services delivery, specifically the Accessibility and quality of provision of administrative services to citizens and in the area of Public financial management, in the section that monitors the Degree of compliance with the budget calendar and the successful planning of income and expenses and the indicator that monitor that public procurement procedures are based on the principles of equal treatment, non-discrimination, proportionality and transparency. The fewest points were achieved in the areas of the Strategic framework for public administration reform, specifically due to the lack of improvement of public administration through strategic documents and non-inclusion of civil society in the process of drafting and structures for monitoring and coordination, in the area of Policy development and coordination, in the part that follows the Transparency of council`s work and preparation of drafts and proposals for decisions in local administration and Inclusiveness and openness in policymaking in local administration, as well as areas related to the Public services and human resource management in terms of the effectiveness of measures for the promotion of integrity and prevention of corruption in local administration. During the conduct of the research, a positive practice of the behavior of officials employed in the public administration of Vlasotince was observed, which should be highlighted. The way of communication with the research team, despite the insufficient number of employees, and the handling of Requests for access to information of public importance, both in terms of form and comprehensiveness of information, are certainly an example of good practice. Also, the new website, which contains a lot of publicly available data and services that facilitate citizens' daily access to information, are also positively evaluated elements. What is necessary to do when it comes to the content of the web-presentation of the municipality of Vlasotince, is to harmonize the content and technical standards with the Regulation on further conditions for the creation and maintenance of the web-presentation of the Authority.

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Report on the Monitoring of Local Administration – The City of Vršac

Author(s): Not Specified Author / Language(s): English

The city of Vršac won a total of 52 points, so on a six-point scale (0–5) the overall situation is rated 1. The basic finding is the complete absence of any communication between the city administration and our researchers. The city administration did not respond to the invitation to sign the agreement, nor to any of the four requests for access to information of public importance, which we sent by e-mail to the address of the head of the administration. Since the city administration did not submit any documents, practically the only source of data and documents was the official website. For half of the indicators (for 6 out of 12), the city administration did not receive any points, namely for four indicators within three areas (Strategic framework for public administration reform, Policy development and coordination and Service delivery), and in the area of Public services and human resource management for two of the four indicators. A somewhat better result was achieved in the area of Accountability – Proactivity of the local administration in publishing information on the official website. A relatively good result was achieved only in the area of Public financial management. During the research, we got the impression that the situation is certainly better, but due to the lack of will to communicate with the researchers, we cannot argue that impression.

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Report on the Monitoring of Local Administration – The City Municipality of Zvezdara

Author(s): Not Specified Author / Language(s): English

The monitoring and evaluation of the functioning of the Administration of the City Municipality of Zvezdara, carried out during 2022, showed that the situation in all six analyzed areas of public administration in this city municipality of the City of Belgrade was assessed with a total rating of 3, on a six-point scale 0–5. The analysis, on the one hand, showed that this municipality best rated in two areas – Accountability and Service delivery. In the first area, the proactivity of the local administration in publishing information on the official website was rated the best, while in the second area, the availability and quality of administrative services delivery to citizens was rated the best. On the other hand, the monitoring showed that in the City Municipality of Zvezdara, the worst situation is in those areas of public administration that relate to the Strategic framework public administration reform and Policy development and coordination. Specifically, within the first mentioned area, the existence of a planning document for improving the work of local administration and the involvement of civil society in the process of development and structure for monitoring and coordination was rated the worst, while the transparency of the Council's work was rated the worst within the second area.

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CORRUPTION AT THE SERBIAN BORDER POLICE

Author(s): Saša Đorđević / Language(s): English

The topic of corruption in the border police is important because Serbia is a transit country which borders four EU member-states. The consequences are multifold. The goal of many criminal groups is to conquer the market of the European Union, whose economy is improving after several years of economic crisis (Balcerowicz 2013, 3). Serbia is a part of the Balkan route, which is well-known to criminal groups. Also, a common feature of a vast majority of migrants is that they illegally cross several international borders to reach Serbia and enter this country in the same way. In the process, they use the services of organized groups of smugglers who charge them a high price in order to help them to cross the border and to secure accommodation in transit countries (Center for the Protection of and Assistance to Asylum-Seekers 2013, 9). One also needs to add to this a strong intensity of international traffic in Serbia, particularly during the summer period, which is favorable for „petty“ corruption. All this helps to strengthen corruption pressure on the Serbian Border Police.

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