The "New" State Commission for Prevention of Corruption and Its Potential for Effective Prevention of Corruption

Abstract

This paper deals with the core preventive Anti-corruption Agency (ACA) of the Republic of North Macedonia, namely the State Commission for Prevention of Corruption (SCPC). The idea therein is two-fold: firstly, to explain the ACA model which the Republic of North Macedonia has chosen (especially since it can be claimed that the model changed in the beginning of 2019) and, secondly, to criticize some of the characteristics of the respective legal and institutional framework. Of course, we do not aim to analyze every aspect of the SCPC – which would imply a much longer article than the one at hand – but rather to focus on the most important details. In that respect, we would place focus on the SCPC’s competencies (functions, tasks and powers) and discuss if they are properly designed. Furthermore, we would tackle the institutional design and the capacities of the institution, so to illuminate the existing discrepancy between this ACA’s de-jure competencies and de-facto possibilities. Doing so, we would not only draw the attention of the international research community to the SCPC, but also enable comparative researches in the future. What is especially valuable to note is that in multiple of its characteristics, the SCPC is compared to other ACAs in the region of Southeastern Europe too.