Reforming Integrity Checks and Code of Ethics in Bulgaria

1. Introduction

Abstract

This report aims to help Bulgaria’s anti-corruption commission to strengthen: (1) its integrity assessment procedures for staff and (2) its Code of Ethics. This chapter introduces the structure and operation of the integrity framework in place at the Commission for Anti-Corruption and Illegal Assets Forfeiture (CACIAF) of the Republic of Bulgaria and outlines the key organisational units that are responsible for the implementation of the ethical standards and the integrity assessment procedures of staff.

1.1. Promoting public integrity by strengthening integrity assessment procedures and the regulation of ethical standards

This report considers how the Commission for Anti-Corruption and Illegal Assets Forfeiture of the Republic of Bulgaria (Комисия за противодействие на корупцията и за отнемане на назаконно придобитото имущество; CACIAF) can strengthen its integrity assessment procedures for staff and its Code of Ethics.

Government integrity is one of the strongest determinants of trust in government and public action. Reinforcing integrity in the public service is a precursor to building trust and promoting the ethical use of power and public resources; open dialogue between government and stakeholders; and greater reliability and consistency in actions.

The OECD Recommendation on Public Integrity highlights that building a culture of integrity starts with setting clear and proportionate standards and effective procedures to help prevent violations of public integrity standards and to manage actual or potential conflicts of interest (OECD, 2017[1]). As a result, government bodies, including anti-corruption authorities increasingly recognise the importance of setting clear standards of personal conduct in codes of ethics and developing adequate integrity assessments tools, including integrity assessment procedures for their staff.

Integrity assessments tools help evaluate integrity and ethics at the pre-employment stage, on an ongoing basis for serving public officials or in response to identified risks. They might rely on various methods, including personality or character tests, responses to hypothetical ethical dilemmas in interviews, background evaluations (to assess employment, criminal and personal history), other tools to manage conflicts of interests (for example, asset or interest declarations) and random or intelligence-led covert integrity testing. While integrity assessments are different to assessments of merit or competency, aspects of integrity can be incorporated into every aspect of employee selection beginning with the job description and advertisement to ensure that the public sector employs people with deep commitment to integrity values. Formulating integrity assessment strategies and implementation plans will help organisations better harness resources and tailor activities in line with their risks and needs.

1.2. The institutional responsibilities and structure of the CACIAF

1.2.1. The main tasks and responsibilities of the CACIAF

The CACIAF is an independent anti-corruption commission established by the Act on Counteracting Corruption and on Seizure of Illegally Acquired Property 2018 (Anti-corruption Law). The government merged five former anti-corruption bodies1 to form the CACIAF and its current responsibilities and structure are shaped by this merger. The chairperson, the deputy and the three members of the Commission are elected by simple majority of the National Assembly for six years.

The CACIAF is responsible for:

• preventing corruption, verifying property declarations of persons holding senior public positions, identifying conflicts of interest, and confiscating illegally acquired property.

• gathering, analysing and verifying information in cases when there is reason to believe that senior public office holders have committed acts of corruption.

• assessing corruption risks and conducting periodic assessments of the application of anti-corruption measures.

• collecting good practices to maintain a database for implementation of the anti-corruption policies and measures.

• co-ordinating any draft law prepared by executive bodies regarding the existence of corruption risks, as well as carry out an ex post analysis of the impact of the law.2

1.2.2. The organisational structure of the CACIAF

The Regulations on the Structure and Activities of CACIAF and its Administration 2018 defines the structure, activities, and organisation of work in the Commission (CACIAF, 2018[2]). It outlines the rules for interaction and co-ordination between administrative units, as well as the composition, areas of operation and organisation of work of the directorates. The CACIAF is organised into units reporting directly to the President, as well as directorates of general and specialised administration (Figure ‎1.1).

Figure ‎1.1. The organisation of the CACIAF

Source: Information provided by the CACIAF

The specialised administration consists of six directorates within the central administration and five territorial directorates (Table ‎1.1).

Table ‎1.1. Key functions and tasks of the specialised CACIAF Directorates

Directorate/Unit	Function	Main tasks
Anti-Corruption Directorate	Investigation/intelligence	Investigations of reports containing evidence of corruption - collects, analyses, carries out explicit and operational checks of information and the data collected as a result, as well as activities on their documentation, upon and on the occasion of received information about acts of corruption of persons holding senior public positions. Performs operational investigative activities in accordance with chapter nine of the Anti-Corruption Law - operational and investigative activities related to the detection, prevention and suppression of corruption crimes committed by persons holding senior public positions. Carries out the co-ordination in line with the operational report with other state bodies for the protection of national security and public order. Plans, organises and conducts joint events and specialised operations with the authorities of the Prosecutor's Office of the Republic of Bulgaria, the Ministry of Interior, the State Agency National Security, the State Agency Intelligence, Military Police Service and other security and public order services. Carries out operational investigative activities in pre-trial proceedings, assigned by the investigation authorities in accordance with the Criminal Procedure Code, as well as in connection with the implementation of assigned inspections under the Judicial System Act.
Co-ordination and Control Directorate	Administrative	Organises the Commission's meetings. Prepares opinions and reports to the Commission together with the directors of the territorial directorates the draft decisions on the submitted reports for the initiation of proceedings for confiscation of illegally acquired property, which includes submitting to the court a request for the imposition of precautionary measures, for the termination of the inspection or for the extension of its term, for termination of proceedings, for confiscation in favor of the state of illegally acquired property and for entering into an agreement. Co-ordinates the activity of carrying out an assessment of the value of the established property.
Prevention of Corruption Directorate	Prevention/administrative	Maintain a national database on the implementation of anti-corruption policies and measures. Co-ordinates draft laws prepared by the executive authorities regarding the presence of corruption risk. Develops, monitors and evaluates anti-corruption measures. Collects and analyses good practices. Co-operates with European and international anti-corruption institutions. Identifies risk areas for corruption. Plans and implements project activities. Organises anti-corruption trainings, seminars and information campaigns. Develops methodologies for assessment of corruption risk, ethical standards of conduct, integrity verification systems and assists in their implementation.
Public Registry Directorate	Administrative	Keeps and maintains an electronic public register for the declarations of persons holding senior public positions. Administer submitted declarations (accepts the declarations, carries out checks of the submitted declarations through direct access to electronic registers, databases and other information arrays maintained by other state bodies, performs analysis of the declarations of property and interests, draws up acts to establish administrative violations).
Conflict of Interest Directorate	Investigation/control	Carries out checks to establish the existence or absence of a conflict of interest in respect of persons referred in the Anti-corruption Law; on the basis of a report/signal submitted to the Commission, by decision of the Commission or at the request of the holder of a senior public office.
Management of Secured Property Directorate	Control	Perform the functions of managing, preserving and safeguarding property on which security measures have been imposed in proceedings initiated by the Commission.
Territorial Directorates	Investigation/control	Verifies and identifies illegally acquired property, seizure, and confiscation. Carries out inspections to establish a significant discrepancy in the property of an inspected person. Collects and stores evidence to establish the origin and location of the property, which is known to have been acquired through illegal activity. Interacts with the Prosecutor's office, the Ministry of Interior, the bodies of the State Agency National Security, the revenue authorities and the bodies of the Customs Agency and other bodies and institutions when verifying the sources for the acquisition of the property.

Source: Regulation for the organisation and activity of CACIAF and its Administration; https://www.caciaf.bg/bg/za-nas/pravomoshtija (accessed on 22 June 2022)

There are a number of areas within the CACIAF that have a distinctive role in the implementation of the organisational integrity framework and the integrity assessment procedures:

• In hiring and ongoing training, the Administrative, Legal and Information Services Directorate (ALIS), particularly the Human Resources Department plays a key role in conducting integrity assessments as part of the selection process.

• The ALIS is also responsible for publishing the Code of Ethics of the CACIAF and informing the employees about its provisions. All employees must declare to Human Resources that they are familiar with the National Code of Ethics and the Code of Ethics of the CACIAF.

• To prevent and addresses integrity issues within the CACIAF, the Inspectorate assesses corruption risks and proposes measures to limit them. It collects and analyses information including through scheduled and unscheduled internal inspections and ensures compliance with the laws and regulations. It can propose to initiate disciplinary proceedings for discovered breaches of functions and duties for the Commission’s staff, the National Code of Conduct for Public Administration Employees and the Code of Ethics of the CACIAF.

Notes

← 1.  The former Commission for Prevention and Ascertainment of Conflict of Interest, the Centre for Prevention and Counteracting Corruption and Organized Crime at the Council of Ministers, a unit of the National Audit Office, as well as a specialised directorate of the State Agency National Security, and the Commission for Illegal Assets Forfeiture.

← 2.  This report reflects and provides analysis of the legal standing and regulation of the CACIAF in force as of 26 October 2022.