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Croatia

Improving Efficiency of the Ministry of Interior's Complaints Commission (HR0024)

Overview

At-a-Glance

Action Plan: Croatia Action Plan 2012-2013

Action Plan Cycle: 2014

Status: Inactive

Institutions

Lead Institution: Government of Croatia, Ministry of the Interior

Support Institution(s): NA

Policy Areas

Justice, Legislation & Regulation

IRM Review

IRM Report: Croatia End-of-Term Report 2014-2016, Croatia IRM Progress Report 2014-2015

Starred: No

Early Results: Worsens

Design i

Verifiable: No

Relevant to OGP Values: Civic Participation Public Accountability

Potential Impact:

Implementation i

Completion:

Description

Amend the Police Act Implementation indicators: Drafted proposal of amendments to the Police Act in the part of provisions of the Act regulating the work of the Complaints Commission of the Ministry of the Interior. Lead institutions: Government of Croatia, Ministry of the Interior Supporting institutions: None specified Start date: Not specified End date: 30 June 2015

IRM End of Term Status Summary

15. Improving Efficiency of the Ministry of Interior's Complaints Commission

Commitment Text:

15.1. Amend the Police Act

Implementation indicators: Drafted proposal of amendments to the Police Act in the part of provisions of the Act regulating the work of the Complaints Commission of the Ministry of the Interior.

Lead institutions: Government of Croatia, Ministry of the Interior

Supporting institutions: None specified

Start date: Not specified   End date: June 2015

Commitment Aim:

This commitment sought to strenghten the civil supervision over police work and to ensure greater efficiency of the Complaints Commission of the Ministry of Interior. The commitment, however, did not explicitly specify how civil supervision over police work would be improved or what revised role the Complaints Commission would have in this aspect.

Status

Midterm: Substantial

The envisaged amendments to the Police Act are described in detail in the IRM midterm progress report. The IRM researcher concluded that the commitment was substantially completed, even though the implementation indicator, limited to amending the Police Act,[Note 78: Available at http://narodne-novine.nn.hr/clanci/sluzbeni/2015_03_33_678.html.%5D was fully implemented. This is because the actual application of the act never took place (the new commissions’ members were not appointed), so efficiency did not improve.

End of term: Substantial

There were no changes in the implementation of the act. The draft self-assessment report states that the Ministry of Interior expected more efficient functioning and control over police enforcement with the creation of several new complaints commissions, compared to the previous centralised Complaints Comission. However, the ministry stated[Note 79: See p. 79 of the draft self-assessment report: https://esavjetovanja.gov.hr/ECon/MainScreen?entityId=4011.%5D that the risks foreseen in the self-assessment progress report have been justified: stakeholders from the general public are not interested in participating in the commissions, making it effectively impossible to appoint commissioners.

     

Did it open government?

Civic participation: Did not change

Public accountability: Worsens

The purpose of the commitment was effective civil oversight over police enforcement in local police units instead of using the centralised Complaints Commission. However, this can only be achieved once all the commissioners are appointed. Since there is a lack of interested stakeholders who wish to work in the envisaged commissions, there is no increase in civic participation. In addition, the state of public accountability in police enforcement has worsened, since there are no commissions to hold it responsible.

Due to this, the ministry is proposing a return to the previous legal solution—the centralised Complaints Commission—but with more commissioners, each of whom would receive compensation for their work and be appointed by the Croatian Parliament.

Interviewed CSO stakeholders,[Note 80: Information commissioner event, 28 September 2016. See Methodological Note and http://www.pristupinfo.hr/en/povjerenik-za-etiku/. ] though, believe that a stronger public campaign to increase stakeholder interest in the commissions would be a better step forward and that the government should not abandon this attempt to decentralise public services and make them more accessible to every citizen.

Carried forward?

The next action has not been drafted or released by the government in accordance with the OGP schedule. However, in the draft self-assessment report, the Ministry of Interior has expressed its intention to amend the existing Police Act, with the following provisions:

  • Establishing a single Complaints Commission;
  • Increasing the number of its members and providing compensation for their work;
  • Making the Croatian Parliament the responsible body for appointing commission members, at the proposal of the Committee for Human Rights and National Minorities; and
  • Issuing a public invitation for candidates, whose pledge would be submitted by CSOs, experts, and professional organisations, or by personal expression of interest.

The IRM researcher also recommends putting effort into realising the current decentralised system and following up on this commitment in the next action plan, especially regarding the openness and transparency of the commission’s work. This can be accomplished by publishing:

  • Clear and accessible data on appointments; and
  • Clear and accessible data on the work of the commissions (sessions, number and type of cases worked on, annual reports, etc.).

The implementation of this commitment would also benefit from a public campaign that would be aimed at stimulating participation and increasing the number of candidates for commission seats, as well as awareness raising regarding the functioning of the complaints commissions in general.


Croatia's Commitments

  1. Implementing Right to Information

    HR0026, 2018, Capacity Building

  2. Fiscal Transparency

    HR0027, 2018, E-Government

  3. Political Finance Transparency

    HR0028, 2018, Capacity Building

  4. Commercial Regulations of Companies Owning Local Governments

    HR0029, 2018, Anti-Corruption Institutions

  5. Transparency in NGO Project Finance

    HR0030, 2018, Capacity Building

  6. Protection of Persons Reporting Corruption

    HR0031, 2018, Anti-Corruption Institutions

  7. Parliamentary Transparency

    HR0032, 2018, E-Government

  8. Media Regulations Framework

    HR0033, 2018, Civic Space

  9. Data Opening

    HR0034, 2018, E-Government

  10. Raising Awareness About Open Data

    HR0035, 2018, Capacity Building

  11. Central State Portal

    HR0036, 2018, E-Government

  12. Public Consultations

    HR0037, 2018, Capacity Building

  13. Implementation of Anti-Corruption Policies by NGOs

    HR0038, 2018, Anti-Corruption Institutions

  14. Local and Regional Open Government

    HR0039, 2018, E-Government

  15. OGP Sustainability

    HR0040, 2018, Capacity Building

  16. Right to Access Information Legislative Framework

    HR0010, 2014, Legislation & Regulation

  17. Improving the Implementation of the Right of Access to Information Act

    HR0011, 2014, Capacity Building

  18. Starred commitment Proactive Release of Information and Opening Data

    HR0012, 2014, Capacity Building

  19. Fiscal Transparency

    HR0013, 2014, Capacity Building

  20. Starred commitment Improvements of Transparency and Efficiency in Public Administration Work

    HR0014, 2014, Capacity Building

  21. Improvement of Transparency of Election and Referendum Campaigns

    HR0015, 2014, E-Government

  22. Transparency in the Area of Youth Policy

    HR0016, 2014, E-Government

  23. Media Transparency

    HR0017, 2014, Civic Space

  24. Improving Transparency of Information on Members of Parliament and Their Work

    HR0018, 2014, Asset Disclosure

  25. Improving Transparency of Data on Assets of Officials

    HR0019, 2014, Asset Disclosure

  26. Starred commitment Improving the Consultation Process with the Interested Public in Legislative Procedures

    HR0020, 2014, Capacity Building

  27. Ensuring the Sustainability of Values and Content of the OGP Initiative

    HR0021, 2014, Capacity Building

  28. Starred commitment Participation in Drafting the New Anti-Corruption Strategy

    HR0022, 2014, Anti-Corruption Institutions

  29. Regulation of Lobbying

    HR0023, 2014, Capacity Building

  30. Improving Efficiency of the Ministry of Interior's Complaints Commission

    HR0024, 2014, Justice

  31. Promoting Civil Participation in the Work of Civil Society Organizations

    HR0025, 2014, Civic Space

  32. Improving the Content and Transparency of Budgetary Documents: Publish and Update the State Budget Proposal

    HR0001, 2012, Fiscal Transparency

  33. Improving Transparency of Business Activity of the Companies of Special State Interest

    HR0002, 2012, Private Sector

  34. Making the Contents of All Budgetary Documents Understandable and Accessible to Citizens

    HR0003, 2012, Fiscal Transparency

  35. Improving Accessibility of Local Budget Contents to the Citizens and the Public: Give Recommendations to Local Units to Publish Budget Documents

    HR0004, 2012, Fiscal Transparency

  36. Starred commitment Improving the Legislative Framework for Exercising the Right of Access to Information: Amend the Act on the Right of Access to Information

    HR0005, 2012, Legislation & Regulation

  37. Starred commitment Improving Access to Information on Expending Public Resources and Contents of Relevant Registers: Implementation of Acts on Political Activity and Campaign Financing

    HR0006, 2012, Civic Space

  38. Ensuring Transparent Work of Public Authority Bodies in the Service of Exercising Citizen Rights: Enhancement of Web Portal with Info on Exercising Rights

    HR0007, 2012, E-Government

  39. Starred commitment Setting up a System of Participatory Drafting and Monitoring of State and Local Budget Implementation: Public Discussions on Budget Allocation

    HR0008, 2012, Participation in Budget Processes

  40. Starred commitment Improving the Practice of Consulting the Interested Public in Procedures of Adopting New Laws: Amend Procedural Rules

    HR0009, 2012, E-Government