Anti-Corruption Law in Local Government: Legal Issues related to Ordinance-Design and Municipal-Level Anti-Corruption Agencies in Macedonia

Date: Sep, 2008
ODID Working Paper No. 168
Author(s): Bryane Michael (Linacre College) and Stephen Mendes (EUBAM)

Macedonian municipalities should pass anti-corruption ordinances in order to reduce corruption. The paper reviews the legal issues involved in drafting such ordinances and provides legal advisors to local councils with the legal and economic analysis needed to tackle some of the more difficult and detailed questions. The most important issue revolves around the creation of a model ordinance which Macedonian municipalities (or the Association of Units of Local Self-Government of the Republic of Macedonia) could adopt in order to set-up and run municipal-level anti-corruption agencies. The location of such agencies as well as their competencies (to monitor conflicts of interests, oversee asset declarations, and conduct corruption risk-audits among others ) are analysed. The paper also provides legal interpretations of Macedonian legislation and their likely impact on municipal council ordinance design in the area of anti-corruption - providing the legal basis for positive administrative silence, the splitting of municipal procurement contracts, and (most controversially) qui tam rewards at the municipal level. A brief regulatory impact analysis of the ordinance shows a gain of Euro 162,900 in social welfare if such a programme were rolled-out in Macedonia.

ODID Author(s)