By: Dr. Štefan Šumah
All parties (though naturally the loudest are those hoping for their first breakthrough into parliament) emphasise the fight against corruption before the elections and boast about their “anti‑corruption” programmes.
However, I have yet to see any concrete proposals; everything is somehow blurred, intangible, populist… That is why I propose that all parties sign a pre‑election pledge to fight corruption and issue a declaration expressing clear political will and a commitment to systemic action against corruption through the adoption of a strict anti‑corruption law. To help them, I have prepared several proposals they could include in such a law (and in the pledge they would present to voters before the elections).
A broad definition of corruption is essential, and therefore I propose the following new definition: “Corruption is any violation of a predetermined duty of conduct, in either the private or public sector, with the aim of obtaining an undue benefit for oneself or for a third party.” I also propose an additional definition specifically for politicians and public‑sector employees (from which appropriate consequences and even harsher penalties could follow): “Corruption is any irrational or unjustified expenditure or misuse of public funds and/or abuse of public authority and/or deliberate violation of legislation with the aim of securing, achieving, or maintaining political power or influence, or personal gain, by an elected or politically appointed official.”
The law must state that corruption includes all possible benefits (including future ones) and that under the new legislation, intent alone is sufficient: the act itself need not be carried out – intent and agreement already suffice (offer, request):
- money, gifts, loans, commissions,
- services, jobs, advantages,
- promises or offers of benefits (even if the benefit is never delivered).
A reversal of the burden of proof must be introduced:
- If a public official receives a benefit from someone with an interest in their decision‑making, the law presumes corruption.
- The accused must prove the legality of the benefit received. This is a key departure from classical criminal‑law principles.
The law must apply equally to the public and private sectors (with emphasis on the public sector):
- The law does not significantly distinguish between public and private corruption.
- Bribery in companies, banks, or between private individuals is punishable in the same way as bribery in public administration, reducing the “grey zone.”
Alongside the Anti‑Corruption Commission, a police unit with strong investigative powers must be established (with authority extending to broader family members and connected persons – business or interest‑related), for example: requesting banking data without lengthy court procedures, investigating the assets of suspects and their families, conducting interviews without prior notice. Naturally, strict penalties and asset confiscation are essential. Penalties must include imprisonment (even for several years), high fines, and mandatory confiscation of unlawfully obtained benefits, even if no prison sentence is imposed. And, of course, most importantly: no immunity for the elite – ministers, MPs, and senior officials receive no special protection.
Will any party dare to propose the ideas above in its pre‑election programme on fighting corruption? Will any party have the courage to write this down and call on others to sign the pledge? Let’s see who dares.
To the new parties, especially Logar, Prebilič, and Stevanović, I would advise them to first sweep before their own doorstep and take a closer look at their membership, including their parliamentary candidates, and also at their own integrity…